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Home My WebLink AboutContracts & Agreements_178-2006_CCv0001.pdf Recorded in Official Records,County of San Bernardino 7/2412006 N, 4:26 PM LARRY WALKER LMJ I Auditor/Controller Recorder RECORDING REQUESTED BY R Regular Mail AND WHEN RECORDED MAIL TO: Doc#: 2006—0500669 Hiss: 1 Pages: 9 City Clerk roes 0.00 City of Redlands Taxes 0 00 Other 0.00 PO Box 3005 PAID Redlands,CA 92373-1505 Re: Cell Site# ES0079-0t Cell Site Name: Cityof-Redlqnds Dearborn Reservoir State: California County: San Bernardino APN: 0170-302-06, 0170-302-17,0170-302-18 FE E—S—HOT—R—E Q—U I R E—0 PER GOVERNMENT CODE SECTION 6103 MEMORANDUM OF LEASE This Memorandum of Lease is entered into on this 1 Sth day of July, 2006, by and between the City of Redlands, a municipal corporation ("Landlord") and New Cin alar 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 July, 2006, 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 term will be five (5) years ("Initial Term") commencing on the Effective Date of the Lease, with four(4) successive five (5) year options to renew. 1 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 provisions of the Agreement shall control, The Agreement shall be binding upon inure to and 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 "Ind year first above written. LANDLORD: TENANT: City of Redlands, New Cingular Wireless PCS, LLC, a municipal corporation a Delaware limited liability company By: ayor, City of�Redlands � By: Marth nturl ,fan Harrison Na W Marth Atura . e: Exec Director,Network Ops Greater LA Date: Jul( 18.. 2006 Date: —aLmlu— Attest as to Mayor's signature: Attest as to signature: City lerk, Lorr'e y er Name: Title: Date: Jlir 18 2006 Date: [ACKNOWLEDGMENTS APPEAR ON THE NEXT PAGE] mm1ar Dnrkeorn t� � �be 6'06 ( .g ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA } COUNTY OF SAN BERNARDINO SS CITY OF R DLANDS By the authority granted under Chapter 4, Article 3, Section 1181, of the California Civil Code, and Chapter 2, Division 3, Section 40814, of the California Government Code, on July 18, 2006, before me, Teresa Ballinger, Assistant City Clerk, on behalf of Lorrie Poyzer, City Clerk of the City of Redlands, California, personally appeared Jon Harrison and Lcrrie Poyzer t ) personally known- to me -or - ( ) proved to me on the basis of satisfactory evidence to be the persons whose names)' are subscriber) to the within instrument and acknowledged to me that they executed the same in their authorized capacities grid that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. f y .......... 10 LCIRRIE PO ER., CITY CLERK . OPA �. 1 888 `' By: «a'*'••s••&..''��a ` Teresa.Ballinger, Assistant ity Clerk �zr'4 � "°`` (909)798-7531 CAPACITY CLAIMED BY SIGNER( ) { ) Individual(s) signing for oneself/themselves ( ) CorporateOfficer(s) Titles) .. Company € ) Partner(s) Partnership ( Attorney-In-Fact Principal(s) ( Trustee(s) Trust ( x ) other` Title(s). Mayor and City Clerk Entity Represented: City of Redlands, a municipal corporation THIS CERTIFICATE MUST BE ATTACHED 10 THE DOCUMENT DESCRIBED BELOW: Title or Type of Document: Memorandum of Lease Signer(s) OtherNamed Above : Martha Ventura. Executive Director; Network Ops Greater LA, New Cingular Wireless PCS, LLC 5u1-'17- 9 29zta From-CITY OF REDLANDS MUNICIPAL UTILITIES 9497987670 T-952 P 01161 F-707 C*LIFORNiA AGS.-PURPOSE ACKNowLrz MFNT � ;tate of Captor nrtt �S County of ,gyp b notore me, tfi.c e t"'... on Cama personalty appeared FCt0. 25 personalty known to me proved to me on tie teras of satisfactory evidencrt to tie the pefsontM whose name( ) ,stare suttSCADW TO etre withm instrument ani# acknow"ea to me tnat mesneArvir executed the same in fawnerjowr authorized t panty(aes), and ilia, tFy aWnErl"Wir stgnaturek*On the rrtstrurraent me person( .of . the entity upon cettan of wn+cn the Personfcl acted,execs ted ttte ttlstrurnent d offfCrat seat. W IThtLSS my tranct and IONA1. 7 Yaw a t w ova x�looja r0 pwsarts retlylno alt:VV*XwMwf&i 0 LxJttkr Pr6rd�tf :T ,ntnnrtadrxG+�Od ++f 3:Ak rr ff ram l�y y Pr ra dr, 8r dttcurrtcx�r rr�,iCkrrft3r�remcnrdd drFurd&#aSrfarraant of Cf�msrC7rit7 Description 4t Attached Document Tate or Type at Document Document late _ Nurmoer off Pages: Signer(s) Omer Than NaMed Abate Capac€ty(ies)Claimed lay Signer 54grner' warn ` tndrvaCttattt corptrtate Officer--T trets) 77 1-1 D- F"artrtar- C Umttett ienerat I " I: Anornerin•Fact Trustee, _ 4iuerdaUt or cooservator Srt�nr Is est5rrrrng- -- � �` L4L°/�lY'n AA5+4M[t'!'.R,4t..t ',a,a!LA�Y tk. wE+�M PO 0�RYW'i.wWwAdt'Ci.M3a F�'.iY:*✓w w, w�8`� RdA W EXHIBIT "A" TO WIRELESS SERVICE FACILITY LAND LEASE AGREEMENT BETWEEN THE CITY OF REDLANDS AND NEW CINGULAR WIRELESS PCS, LLC DESCRIPTION OF PROPERTY API's 4: 0170-302-06, 0170-302-17, 0170-302-18 to the Memorandum of Lease dated July 18, 2006, 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 he-rein as a "Party," and collectively as the "Parties." Landlord owns certain property with an address of 500 N. Dearborn Avenue, Redlands, California 92374 hereinafter identified as the "Property," legally described as follows: EXHIBIT "A" Description of property consisting of 4 pages attached hereto; New Cingular Nathom LeaSt W-exhibits-f'1na1 53"78,10 XHI81 "�,,,,, WN HEREON IS SITUATED IN THE CITY OF REDLANDS, COUNT` OF SAN BERN DINO, THE: LAND SHO OF THE CHICAGO STATE OF FORMA AND IS DESCRIBED AS FC7LLC}WS, PORTION OF LOT 1 AS LAD DOWN IN THE PLAT S S AOR, AND ON RECORD COLONY WITH THE THAT D AND PLATTED T.M. PARSON OF BLOCK RESERVATION, AS SIJ OFFICE OF THE COUNTY RECORDER OF �IBER ARDINO FOLLOWS. SOUTH AND 13EtRiG ALSt3 P 77 OF THE BER�IAR1JkNO RANCHO DE BEGINNING AT POINT IN THE CENTERLINE OF DEARBORN 47.90 f ACE FEET [IUTH pF THE INTERSECTION OF THE CENTERLINE- OF DEARBORN STR THENCE LEAVING SAID CENTERLINE AND RUNNING SOUTH 89'44"40" WEST 30.00 FEET TO THE THRICE.. NORTH 63*29`00" EAST, 105.10 FEET; THENCE NORTH 52'{)0`00' EAST, 'ID5.39 FEET; THENCE NORTH ST45"10" EAST, 586.19 FEET, THENCE SOUTH 11'11'38" WEST, 51$,56 FEET TO A POINT ON ODFNSAID�CURVE BEARS NORTH NORTHEASTERLY, WHOSE RADIUS IS 5460.0€1 FEET, THE RADIAL I T 15`22"` EAST FROM SAID POINT; THENCE MOVING NORTHWESTERLY ALONG SAID CURVE, AT AN ANGLE OF 02"39`36", A DISTANCE OF 253,49 FEET; THENCE TANGENT TO SAIL? CURVE NO 68'05`112" WEST, 457,81; THENCE NO 0(}`15 2{3 WEST, 134.37 FEET TO THE CONTAINS 268,765.20 'SQ. FELT = 6.17 ACRES THIS REFERENCE E A FART ATTACHED HERETO 15 A PLAT LABELED "EXHIBIT A--1" AND BY HEREOF. , E HEREIN ABOVE DESCRIBED LAND AND ARE HEREBY THE FOLLOWING PEELS LIE WITHIN TH [DESCRIBED AS FOLLOWS: BEGINNING AT THE SAID CENTERLINE INTERSECTION OF DEARBORN STREET AND TERRACE AVENUE, AS 'SHOWN ON SAID PLAT; THENCE. ALONG SAID CENTERLINE OF DEARBORN STREET SOUTH 0(r15'20"E 505.91 FEET TO A-POINT HEREAFTER DESCRIBED AS POINT "A"; THENCE LEAVING SAID CENTERLINE AND RUNNING NORTH 89`44`40" EAST A THENCE 'SOUTH 64 07`23" , 164.45 FEET, DISTANCE OF 91,61 E : THENCE SOUTH 75"23°S0` EAST, 12.8.17 , THENCE SOUTH 4Cro7`10* EAST, 51.96 FEET; 9(]roo`00' EAST, 35.017 FEET; THENCE rlxt'I` P 1�t�'T pF F t KING: THENCE SOUTH 45 x}0,00 . EAST, 2.65' FEET TO THE THENCE EAST, 45.72 FEET; THENCE SOUTH. 18.50 FEET; EAST, 4.28 THENCE WEST, 50.00 FEET. THENCE NORTH. 18.50 FEET; THENCE wotsom FEET TO THE ily ,�errfa m+rower CONTAINS 9125 SO. FEET O.Cl2 ACRES CALCULATEDH -l w � owx*mom ATTACHED HERETO IS A FLAT LABELED *EXHIBIT A� 1" AND BY THS r REFERENCE MADE A PART HEREOF. SHM i n cl u I a r omm go" 'WIRELESS LAND SURVEYING & MA Teat 1 p 3108 Y JIVE. StI11L Mt1 B`, cwv OoStA CAUFOMAA 4262$ CA WM 714 537-1567 OFFICE CHMED1 714 &wv_l" Felt 3 EXHIBIT $'A" ! 1.00 FEET ON EACH SIDE OF THE FOt„LOWING A IP €}F LAND 2-W FEET IN WIDTH,_ BEING DESCRIBED LINE: BEGINNING AT THE ABOVE MENTIONED POINT *A 61 FEEL T� THE �E THENCE NORTH ST4i4*40" EAST A DISTANCE OF 9 . - X8.1? FENT! 164+45 FEET: THENCE SOUTH 75'2.3'30" EAST. THENCE SOUTH 44`0723" 51.96 FEET: THENCE WEST. 24.04 FEET; THENCE NORTH 4fD'(}7l18"` THENCE SOUTH 40`07'1 Cl" FAST. 2.65 �y. FEET` THENCE... REMACING THE PREVIOUS DESCRIBED THENCE SOUS 45 00,001 EAST, Ri Sf}UTH 4CI'O7l10" �• 13•d3 FEET; THENCE EAST, 59.11 FEET TO THE NORTH LINE OF THE BEFORE MENTIONED PARCEL 1 EO TO INTERSECT AT ALL THE SI DELINESS OF THEFORTH4�INEFOf PARCEL LAND TO 81 LENGTHENED N UTILITY FACILITIES'ANGLE POINTS. CONTAINS 836 SQ. FEET O.02 ACRES CALCULATEII ATTACHED HERETO IS APLAT LABELED "E7tHt8(T A-2" AND THIS REFERENCE MADE A PART HEREOF. STRIP OF LAND 15.00 FEET IN WIDTH, BEING 7.5 FEET ON EACH SIDE OF THE FOLLOWING DESGtBt=C} UN€: 5'9.39 BEGINNING AT MENTIONED POINT "A', THENCE SOUTH OtD�15l2{D' . FEET. THENCE NORTH 89`44!40" EAST. 30.00 FEET TO THE 60.97 THENCE SOUTH 68"36!08' EAST.-32.43-FEET: THENCE SOUTH 68l31lO8" EAST" FEET" THENCE SOUTH FS7'28125" Ti ..100.00 FEET, THENCE SOUTH67'45'1 tD'! EAST! NG OF A100.01 FEET; THENCE SOUTH 6T38 55 EAST, ''WHOSE RAD IS 19.50 FEET4.35 FEET TO THE N LENGTH; TANGENT CURVE C(}NCA1fIr NORTHWESTERLY,_ IYTHROtIGH AN ANGLE "TDF 9,C34!40' A THENCE ALONG SAID CURVE NORTHEASTERLY 48.5# FEET To THE DISTANCE OF 32.19 FEET, THENCE NORTH 16'48"i4" EAST, us BEGINNING OF A TANGENT HOSE RAD CURVE CONCAVE SOUTHEASTER THROUGH IAN IANC E OF FEET IN LENGTH. THENCE ALONG SAID CURVE NO EAST.E SOUTH 70'36'19" 5.34 FEET TO 9.735!17" A DISTANCE OF 31.5 FEET*. THENkVE SOUTHWESTERLY, WHOSE RADIUS IS THE BEGINNING OF A TANGENT RL.Y THROUGH AN 19.50 FEET IN LENGTH; THENCE OF 20+7&�FEET. THCURVE ENCE SOUTH 0 36!31" EAST, ANGLE OF60r59'480 A DISTANCE 10.95 FEET TO SAI€! NORTHERLY LIME OF PARCEL 1. THE SIDELINE'S OF 'SAID STRIP OF LAND TO BE LELINEN T EPARCEL 1.SHORTENED THE TO 1 INTERSECT AT ANGLE POINTS. THE NORTH EASTERLY LINE OF DEARBORN STREET- CONTAINS TR -CONTAINS 6970.0 SQ. FEET` - '0.16 ACRES CALCULATED REVOONS i A11:. DESCMIRIM By " HIBIT A-3" AND Er( THIS !.r .., ..um "* ATTACHED HERETO IS A PLAT EX , ria nay ago REFERENCE MADE A PART HEREOF- � no AM ambow or SH t �y 2 filar -- �+ AHED Agg0CtATE way . 4 *11EM WIRELESS LAND SURVEYING & MAPPING aW 1 PATS 31 AY AVE. 51.1111E K1 1AN ASM1 to (`AUFO MA 92626 ev. COW umm it714567--1367 OFFICE CHEcKM s60 014 low CEMOM CA 9" 714 557-1561 FAX BII EXHIBIT "ley-1L MOM 38E 109.1s, .518.56" „' co I TPOB D L25 00 cr) 04 wl C)L22 ul VL LA / Ila, 7211 TPOB POINT NC 0'15 "W 447.90 / Ate �.� , cr L2 DE A I rfw..a�c cw 3 .R�rm rwe crrac + ecvarw r"ftm*ONc"" SHMT LVA x ■ cinguiar W IR L SNAXM LAND t1PVE�ING & MAPPING 01 3188 AIRWAY AVE. S AIE Kl By, cww COSTA k&SA CAUFORMA 92626 04 CKM 84 . 71565577-15615M 3FAX ,pg .ta a EXHIBIT POINT Li Ll 2�n �!Zffi 00*W L24 11" EXHIBIT - 7211 30.0w 00 C3 t L16 AMASS! ti .4 YJ L24 w C2 17 US til 5034 L3 U4 Lf 10 LS LN IS 1 00 L214 00 Mum amum calmommm LAO L25 mom#0 mw1 sm $0. z9ow"t x AND AS$ a ClF 4 *UM WIRELESS LAND SURVVING MAMNG 01 i (ASMKOk Chk SON" r4 55 -150 (VMTKCE 114 SK-1146 fXx