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Home My WebLink AboutContracts & Agreements_201-2005_CCv0001.pdf PLEASE COMPLETE THIS INFORMATION Record ad to Official Records, t;uunty of Sall Bernardino RECORDING REQUESTEt? BY. 1017l00 , LARRY WALKER 4:30 PIVI �� MUNICIPAL [UTILITIES DEPT. ' Auditor/Controller - Recorder CITY OF REDLANDS R Regular Mail AND WHEN RECORDED MAIL TO: tlOO: 2005--X1809173 Titles: Pages: 12 City Clerk's Office Fetes e.ee City of .Redlands Omer P. 0. Bax 3OU5 PAID Redlands, CA 92373 THIS SPACE FOR RECORDER'S USE ONLY FEES NQz REQUIRED PER GOVERNMENT GGOE SECTION 6103 MEMORANDUM OF LEASE 'TI0e of Document 4A A—,- n :- S„ THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION ('$3.00 Additional Recording F#*Applies) EXHIBIT "D" TO WIRELESS SERVICE FACILITY LAND LEASE AGREEMENT BETWEEN THE CITY OF REDLANDS AND NEW CINGULA.P WIRELESS PCS, LLC When Recorded Return To;: Lohn D. Newman Attorney at Lasa 182 Second Street ,Suite 210 San Francisca, CA 94105 Re: Cell Site##E 022-02 Cell Site Nance: City of Redlands Water Tank State: California County:Sari Bernardino APN 0300451-08 Space Ahove This Line For Recorder's Use only FEES NOT REQUIRED MEMORANDUM PER GOVERNMENT CODE OF SECTION 610 LEASE This Memorandum of Lease.is entered into on this 18th day of October, 2005, by and between the City of Redlands, a municipal corporation ("Landlord") and New Cingular Wireless .PCS, LLC, a Delaware limited liability company, having a mailing address of 6100 Atlantic Boulevard, Norcross, Georgia 30071 (hereinafter referred to as `Tenant") Landlord and Tenant are individually referred to herein as a "Party," and collectively as the "Parties." I. Landlord and Tenant entered into a certain Lease Agreement ("Lease") on the 18th day of October, 2005 for the purpose of installing, operating and maintaining a communications facility and other improvements. All of the foregoing are set forth in the Agreement. 2. The initial Lease terra will be five (5) years ("Irutied Term") commencing on the Effective Date of the Lease, with four(4)successive five(5) year options to renew; 3. The property being leased to Tenant (the. "Property") is described in Exhibit A annexed hereto, 4. This Memorandum of Lease is not intended to amend or modify, and ;shall not be deemed or construed as amending or modifying, any of the terms„ conditions or provisions of the Agreement, all of which are hereby ratified and affirmed, In the event of a conflict between the provisions of this Memorandum of Lease and the provisions of the Agreement, the C in8ular Wen Court lease Agin(Final 405 539978 to 23 provisions of the Agreement shall control. The Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, successors, and assigns, subject to the provisions of the Agreement, IN WITNESS WHEREOF, the parties have executed this Memorandum of Lease as of the day and year first above written, LANDLORD: TENANT: City of Redlands, New Cingular Wireless PCS, LLC, a municipal corporation a Delaware limited liability company By: City if d1ands By: ai ds Mayor Pro Tern Name: Eml y Vaugha latae: eat L Title: T4,1,,)r,,,A, Date: October 18, 2005 Date: —Uak Attest as to Mayor's signature: Attest as to signature: ,7 &-gA�D�eputy Cit�yClerk Namj#yd&k Title: "Loty, Date: October 18, 2005 Date: I [ACKNOWLEDGMENTS APPEAR ON THE NEXT PAGE1 Cingular Heteft Court LeaAgmt Final 9.05 53 f75.€t! 24 LANDLORD ACK OWLEL►GMEN California All-Purpose Acknowledgment State of alifornia County of San Bernardino ( ss. n k ,r 19 20 p15 , before me, nda Ernrn rsor) , the undersigned, a Notary Public in and for said County and State personally appeared and NAMEIS)OF SIGNER(S) `persoally known to me to be the person(s) whose name(s) is//are subscribed to the within instrument and acknowledgedto me that 14e/they executed' the same in /their authorized capacity(ies) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. (SEAL) m Et son "Ma Cingaalar Halm Court Lt awe Agrut pini[4-05 Z:3 539478,10 25 4 TENANT ACKNOWLEDGMENT California ll-Purpose Acknowledgment State of California � County of Cmrm OnS41--It , 206s- , before me, Ryan P. shields the undersigned, a Notary Public in and for said County and State personally appeared Emily Vaughan NAME(S)OF SIGNERj( ) !personally known to me' iproved to nye on the bads of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to rite that he/she/they executed the same in his/her/their authorized capacity(ies) on the instrument the persons), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal.: . , Y Coffwustan t 13 154 ... Vor"t Cato* (SEAL) Cingular Helen Court Leave Ago Final 9-05 53rt478 10 26 EXHIBIT "A" TO WIRELESS SERVICE FACILITY LAND LEASE AGREEMENT BETWEEN THE CITY OF REDLANDS AND NEW CINGULAR WIRELESS PCS, LLC DESCRIPTION OF PROPERTY APN#: 0300-451-08 to the Memorandum of Lease dated October 18, 2005, by and the City of Redlands, a municipal corporation, ("Landlord") and New Cingular Wireless PCS, LLC, a Delaware limited liability company, having a mailing address of 6100 Atlantic Boulevard, Norcross, Georgia 30071 (hereinafter referred to as "Tenant"). Landlord and Tenant are individually referred to herein as a "Party," and collectively as the "Parties." Landlord owns certain property with an address of City of Redlands Water Tank, 31280 "B" Helen Court, Redlands, California 92373 hereinafter identified as the "Property," legally described as follows: EXHIBIT "A" Description of property consisting of 6 pages attached hereto: Cingular Ftek-n Cotat Lease Agmt Final 9-05 539978 10 27 E TK LAW 940" NWON IS SIVA Ty a T PM74M OF WWRvAEUT LOT 136 SECTWU Tm V T KOOMING T A MUT ON THE T UW OF SAto SECT"* „ OF 4 07*7**V WST. 124,49 MT. TAT. i T< IHME SOUTH MIXIV EAST, TTi. T T T T T of KOW04M AT TT 9rLCt4GWG T° o TW OTy Of REQLANM AS SHOW ON SAID PARM UNW. T#4E#X* SOUTH I T, 167,11 T- *T* T& T MET AT Al 4100 *2*f T. 2006 fW. 4r , P404M MATH * T. 4r4r CAST, CONTAK& . Ft, ATTACWED HERETO M A KAT TA's'* AorA+s PART M, T T me OR UNM MY offolm. µ oy itLEGAL DESMP1710N ~AAM T T k, C, UrUTY k, ACCESS cingular I?m Wlf P#*,* Cw= or 6 SO" swx It WEMENTS *V*W. CA $204 Cengvdar t"n noun tease Agent Final 4 d73 51"78 I p 28 EXHIBIT "A* I�AR L�TiLIT"�'Eit A STRIP OF LAND 8.00 FEET IN WIDTH, BEING 4.00 FEET m EACH SIDE OF THE Fa-LOWING DESCR18ED L1 INNING AT THE MUE OF SAID PARCEL 1 THENCE NORTH 00*47'45'" EAST, 1tI,� THE RM EMI OF' BEGINNING IF PAR 2 THENCE NORTH 891215` EAST, 4.50 FEET; THENCE SOUT14 W47"45` EAST, 25.73 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT SOUTH $9"12`15` WEST, $2.16 THENCE SOUTH 66'15`52` WEST, 61,5$ THENCE NORT14 45'57"26" VEST, 47:90 THENCE NORTH 15'22"55` WEn, 503 5$ Ta. THENCE NORTH 46"31'11' EAST, 1OZ4 FEET. THE SIDELINESTS OF SAID STRIP OF TO LENGTHENEDi OR SHORTENED TO INTERSECT AT ALL ANGLE TAINS 2,262 SQ., FT— 0. ACRES ATTACHED HERETO IS A FLAT LAMM ` #BITA2" AND BY THIS REFERENCE MADE A PART HEREOR PARCEL I-- STRIP OF LAND &00 FEET IN WIDTH, BEING 4.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED LINE- BEGINNING INE:I N AT PONT "A", AS DESCRI80 IN SAID PARCEL 2 THENCE SOUTH-00'47*45' EAST, 39.63 T; THENCE SOUTH 8912'15` WIEST, 32.97" FEET; THENCE FIC RlH 72"47"2C1` WEST, 14.62 THENCE SOUTH 8912*15' WEST, 26.16 FEET. THENCE SOUTH 67"10'3W WEST. 23=51 FEET, EXCEPT THEREFROM THAT POR71ON THAT FALLS V47HW PARCEL 2. THE SIDELINES OF SAID STRIP OF LANCE To SE LENGTHENED OR SHORTENED SECT AT ALL ANGLE POINTS. CONTAINS: 1063 SO. FT: m 0.024 ACRES ATTACHED HERETO IS A PLAT LABELED "EXHISITA2" AND BY THIS REFERENCE MADE A DART HEREOF. GAL DESCRUMON PWAM FSY: SHEET ASS AREAi j M. PETY0 & ., IIS . ACCESS PAW OR= OF 6 SHEETS n t '' 1 " II ELESS R SWIE 92614 � AW VW EASEMEWS 2W-0272 c€tc Cingular fie len C Oun lease Agmt Final 9-05 L 5399`7 to EXHIBIT "A" PARCEL-#-- ACCEk$ EASEMENT A STRIP OF LAND OF VARIABLE WIDTH. THE CENTERUNE Of WHICH IS DESCRIBED AS FOLLOWS- BEGINNING AT THE IRULMNT 0 BEGN" OF SAID PARCEL 1 - THENCE SOUTH 8912`15" WST. 20.00 FEET; THENCE NORTH 00`47°45" WEST, 10.00 FEET TO THE THENCE SOUTH 89'12'15" KST. 21.47 FEET: , THENCE NORTH 0047'45" WEST, 18,56 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT 'C'. SAID POINT FALLING: CSI A NON-®TANCENT CURVE, CONCAVE NORTHMSTERLy. HAVING A RADIUS OF 100,00 T. A RADIAL LINE TO SAID CURVE FEAR'S SOUTH 59'W5 EAST. THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH AN ANGLE OF 2{3"2217". AN ARC DISTANCE IF S5 FEET TO A POINT Of COMPOUND CURVATURE WITH A CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF 360.00 FST. THENCE NORTHERLY ALONG SAID CURVE THROUGH AN ANGLE OF 18"¢CI'531, AN ARC DISTANCE OF 117.38 FEET. SAID STRIP OF LAND HAS A WIDTH OF 20.00 FEET.,LYING 10.00 FEET ON EACH SIDE OF SAID CENTERLINE FROM THE TRUE POINT OF BEGINNING TO POINT 'C", AND 15,00 FEET, LYING 7.50 FEET ON EACH SIDE OF CENTERLINE FROM POINT 'C", TO THE TERMINATION. THE SIDELINES OF SAID STRIP ARE TO BE LENGTHENED OR SHORTENED To JOIN y4TH EACH OTHER, AND THE NORTHERLY TERMINUS OF SAID SIDELINES ARE TO BE LENGTHENED OR SHORTENED TO TERMINATE AT THE NORTHERLY LINE OF SAID PORTION OF GOVERNMENT LOT 13; CONTAINS- 3056 SCI. FT: . 0.070 ACRES ATTACHED HERETO IS-A FLAT LABELED "EXHI81TA3" AND BY THIS REFERENCE MADE A PART HEREOF SAL DESCRIPTION PREP Fm PREPARIM SY. SHEET LUSE AMA M. PETYO do ASSOC., INC. 3 UTILITY SIC AtCESSSI X c i n gice-t 17082 SKY PARK CIRCU OF a SHUTS SUITE a oftiowt WIREEASEMENTSLESS IRVINE,. CA 926t4 P (949) 250_0272 owcxw: rclue f`ingulmr Helen goon Law Agnit rinal 4.04 539978 10 30 EXHIBIT "Al" `12*15'W 17+1.85' -•- ee I ' a 1ILA. AIva I ;' � I ' 171 1 1.1 12'15*W 20.00` •' 1.2 N4a4r45"w 50.00 Da �I r k L3 't2'15'E 20.0(Y I'`1 L4 Sot'#rol moo* -------- i i�l L - - a ` I 6 ------- -P,0,8, 3;k 0*4 8g NMR THE WEST LINE OF THAT PROPERTY SHOWN A 'CITY ILEO DS`� BEING SOUTH 00'49'45" � - 40 r EAST, ON PARCEL, MAP No. 5422, RECORDED IN BOOK 133, PAGES 98 THROUGH 100 INCLUSIVE OF PARCEL MAPS,. RECORDS OF SAN BERNARDINO COON t i a LEGAL DESCRIPTION PREPARED FOR; PREP ARM BY- SKEET LE'AS'E AREA • M. PETYO & ASSOC.. INC. 4 cin u l 1799 sKy P c11� UTILITY 'E e � B m EASEMENTS WIRELESS , Cep 92614 ar � ( 49) 2!50-0272 Cin ulxe Ilden Court[;ease Agnit Final 9.05 y 519 3 975 lO k p Y EXHIBIT IBIT "A2, 1 zl _.:r_ . . _ a< N '12'15"`11 #. "a fel L 1B.Qp' . — I 4 P11R� 2 F �s T SCAT ----- #" `12'15'W 82.16' 1 20 M 1EU s . 1 r " g IEGAL DESCRIPTION PREPMED FW. BY Ei AS M. PI`Tt"�? & ASSOC., INC. UT ACCESS10 angular 1 SKY P� f = WIRELESS tit F„ A 92614 suit 13 WEM��T (949) 2 0 CSugutar tee nCourt Lea-w Agm Fin.119-05 53"78,10 32 EXHIBIT "D r�WrrW ryn - �4l.AM qx t � aim A`� t 75 t L-3&5 R"'°°; '' POW-C IL SCALE L � � _ i itwh . so it GAL DESCRIPTION PREPARED FOR s BY. SHEET LEASE AREA w111111Al., IN angularUTILITY & ACCESS X 17982 SKY PApX CIRCLE OF 6 SHEETa roWIRELESS IRW4E. CA 92si4 Sul ay:: i EASEMENTS 07 . C"ingular Lfelen Couta L.ea e gmt Final 9-( 539978-10 3