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Home My WebLink AboutContracts & Agreements_219-2003_CCv0001.pdf . 1 p wee. go 1 0 011#441 1 liability of Landlord under the Lesse or in respect of the hent for any cause or reason whatsoever,or the assertion Premises,whether arising or acenning prior to,on or after of any such right by Tenant t. Hy way of illustration and the Effective Dart. Without limiting the generality of the not limitation,Landlord shah not threaten or commence foregoing, neither the collection of Rant by W(2, the any action or proceeding against Tenant with respect to enforcement of the lessor's rights and remedies under the Tenant's obligations under the Lease or fele or pursue Lease nor the talcing of any action which the lessor is any claire or adversary proceeding against Tenant to any permitted to take under the Lease,or any combination of bgukiuptcy, insolvency or similar proceeding with the foregoing, shalt constitute or be construed as an iespect to Tenant's obligations under the Lease. assumption by WCP of any obligation or liability of Landlord shall not and shall have; no authority to,, Landlord under the Lease or in respect of the Promises. modify,amend,extend or renew the Lease,or waive any Landlord shall,within 5 calendar clays ofvnitten request default by Tenant thereunder, or declare or assert the by WCC'therefor,deliver to WCP actual possession and extension,renewal,termination or expiration thereof. control of any security deposit under the Tease, and an assignment of any guarantyor other security forTenant's 5 og rates by Landlord. obligation to pay'Rent WCP shall have no obligation with respect to any such security depositor other security (a) From time to time hereafter, (i) Landlord shall unless and until WCP has received actual possession and promptly furnish to WCP such information (including control of such security deposit or other security. WCP document and records in Landlord's possession,custody shall not have any liability or obligation with respect to or control)regarding the Lease,the Promises and Tenant the care, management or repair of the Promises or as WCP reasonably °(ii)Landlord shall provide land adjacent thereto, or any improvements thereon, or access to the P (to the extent not prohibited by for any injury or damage sustsined by any Person in.on, the Lease) for the purpose of Wt 's inspection of the under or about the Premises. Premises and improvements thereon, and such other purposes as WCP reasonably deem appropriate. (c) The foregoing sale and assignment is a present, Landlord WWI deliver to WCP a copy of any written absolute, unconditional and irrevocable sale and communication that Landlord fivers to Tenant at the assignment Landlord booby irrevocably appoints WCP same time and in the same manner that such as its trete and lawful attorney-in-feet,with power of communication is delivered by Landlord to Tenant substitution,to demand and colleen Pent and to exercise Landlord promptly deliver to WCP a copy of any the other rights and remedies of lessor under the Le written communication that Landlord receives from Tenant Landlord shall keep WCP reasonably informed (d) Notwithstanding any other provision of this of any other communications between Landlord and Agreement, Landlord retain the absolute right to talue T'` t,and of any other notices or communications ftorn any ad all legal action reasonably nac=ssry and any other entity, truest,association or itidividual(each,a appropriate under the Vase or otherwise to protect itself ")that relates to the Lease or the Promise& if T is actions or inactions adversely affect or; " with the Landlord's business or expansion (b) WCP may negotiate and agree with Tenant or its thereof subs is and licensees to allow access to the Premises twernty-fnur hours per day,seven days per to allow s. Obligations of Landlord. Tenant to assign the Protaises, to allow the installation, improvarnen4 removal, mairittatance, fair and Landlord shall continue to fray, perform and otherwise replacement of existing or additiond antoonas and discharge all obligations and liabilities of the lossor telecommunications equipment ou die Premises and under the Lease and in respect of the Premises,whether Landlord shall reasonably cooperate with WCP or &rising prior to,on or ' the Effective Date. W` T in connection therewith. including obtaining ta . g the lith of the lbrogoing, Landlord shall permits tbwetbr. (a)My,fAhMy and timely perform all covenants to be performed by the lessor under the ; (b) not 6. Notice tar Tersant suffer or allow any breach,default or t of default by the lessor to occur thereunder,(c)not take any action for On or prior to the Effective Date,Landlord shall execute the purpose, or with the offect, of inducing or causing and<furnish to WCP a notice (the *'cntl r,t ort Tenant to exercise,or not to exercise,a right to renew or LdIgel in tate form of tom,attached h Within waand the . and(d) not perform or discharge any three calendar days of the EMotive state, t- obligation or liability of lessor under the Low in a deliver an original or copy of the Tenant Notification manner that would , delay or otherwise Letter to Tenant WCP shall be responsible for Wang adversely affect WCP's receipt and collection of Rent or such other action as is necessary or appropriate to give the by WCP of any of its other rights and Tenant actual notice of the We and assignment of the remedies under the; °(it)give rise to any offid or Lease, and to cause Tenant to commence payment and deduction by Tenant, or the withholding by Tenant of delivery of Rant directly to 'WCC'. WCP may elect also v is,, to deliver an original or copy of the Tenant Notification (b) If WCP determines in its reasonable discretion that Letter to Tenant at such time or times after the Effective Landlord has failed, after reasonable notice and Date that WCP deems appropriate. After the Efftctive opportuniM to perform any covenant obligation or duty Date, Landlord shall notify WCP by telecopy within 5 which Landlord is bound to perform under the Least or bu ' ss>days of dlord's receipt of any payment in applicable law relating to the Lease or the Premises,then respect of Rent and Landlord shall forward such WCP shall have the right, but not the obligation, from payment to WCP within 5 business days(a)by reputable time to time and at any time, to perform,such coveriant, overnight courier service which provides package obligation or duty,and Landlord shall,within 30 days of tracking services (if such payment was received by receipt of an invoice therefor, reimburse WC? for all Landlord by check or other negotiable instrument; costs and expenses incurred by WCP in connection provided Landlord shall endorse such negotiable therewith, together with an administrative fee, in an instrument in favor of WCP prior totorwarding it to mount not more then$250,as reasonably determined by WCP) WCP. 7. JMgositions. (e)In addition to its other rights and remedies under this Agreement and applicable law, WCP may enforce this Landlord shall pay or cause to be paid, prior to Agreement by specific performance, mJundion, delinquency or default all mortgages,charges and other appointment of a receiver and any other equitable rights obligations C'Impositions') that are or could become and remedies available under applicable law, it being liens against the Premises,whether existing as of the date admowledged by Landlord that money damages may not hereof or hereafter created or imposed, and whether or be an adequate remedy for the harm caused to WC?by a not m to Landlord, and WCP shall have no breach of default by Landlord under this Agreement and obligation or ability therefor. Without limiting the Landlord waives the posting of a bond in connection generality of the foregoing, assessments are the therewith. obligation of Tenant under the Lease.. WCP may from time to tim as WCP deems appropriate file, record, 9. Successor!else. serve andfor deliver a request for notice of default, deficiency or sale upon any Person to whom an Upon the expiration of the term of the Lease (including Imposition is payable,Landlord shall have no obligation without limitation any termination resulting from an for payment of any Hens improperly Med against the election by Tenant not to exercise a right to renew or Premises,as a result of or in connection with WCP1s or extend the Lease or the failure, whether inadvertent or T negligent andtor intentionally wrongffil ad or otherwise, to exercise any such right) or upon the omissions committed in connection with this agreement. termination of the Lease for any reason (including without limitation any termination resulting from(x) a 8. MLCP't medis default orb by Tenant (y) a rejection or deemed rejection of the Uase in bankruptcy),Landlord shall and (a)If any Imposition, or any installment thereof, is not hereby does least the Premises to WCP, for a term paid withizi the time hereinabove speedied, and if such commencing Won the upiration or termination of the Imposition is or could become senior in right ofpayment< Lease and ending upon the Reversion Date, upon terms or foreclosure to this Assignment, then WCP shall have and conditions which are identical to those in the Lem, the right,but not the obligation,from time to time and at provided however, that (a) WCP shall be named as any time, in addition to its other rights under this tenant in the place and stead of Tenant;(b)the term shall Agreement and applicable law, to pay and/or diaclune be as stated in the preceding clause,(c)WCP shall have such Imposition, together with any lty>and interest no obligation to pay Rent of any kind or nature to thereon, and Landlord d" reimburse WCP for Landlord during, for or with respect>to any period prior immediately upon payment by WCP thereof If WCP so to the Reversion Date,it being understood that pan of the elects by written notice to Landlord, then the mourit consideration for the Purchase Price is prepayment in full reimbursable by Landlord to WCP shall constitute alien for the lease rights provided in this section; (d) such upon LandloWs right title and interest in the,land upon leaw shall be fi-eely assignable or subleasable by WCP, which the Premises at locan:4 and such lien may be in whole or in part,as WC?deems appropriate;(a)WCP fbreclosed privately or judicially if and to the extent " have no obligation to cure any defaults of Tenant permitted by applicable law. If and to the extent under the Lease, and the new lease shall waive any permitted by applicable law,WCP shall be subrogatBd to defaults arising from likets and circumstances then the rights of the Person to whom the Imposition was due, existing; (f) WCP shall have an easement or license for and such lien shall have such priority and bene& ftorni access and utility purposes upon the same,term as any such other rights and remedies,including foreclosure,as such easement or license thm or previously benefiting were formerly available to such Person with rasped to Tenant as well as a license to enter upon Landlord's land the Impositiont for the purpose of laying down existing improvements and erecting;new ones, and for staging of construction Nrmkv M.203 wcr 04,05 , materials; (g) WCP shall have the right to vacate the (v) A true, correct, and complete copy of Premises at any time or from time to time without the Lease (including all amendments, modifications, terminating the a ;and(h)WCP shall have the right supplements, waivers, renewals and extensions thereof) to surrender the Premises and terminate all of its and of each memorandum of lease, mentarandum of obligations thee' fore or thereafter arising under mob a enc en% non-disturbance agreement, estoppel lease by executing and delivering and/or recording a cerdfloste,assignmeak sublease and other instrument or quitclaim thomfor at any time,which quitclaim shall be agreement executed by Landlord or Tenant in connectimi affective as of the date stated therein„ WCP and therewith or relating thereto, together with all Landlord shall,promptly and in good faith negotiate, amendments or supplements thereof(if any)is attached execute and delim delisuch a now agreement evidencing hereto as ` such leam briar to the execution and delivery of such a lease,Ws Agreement shall constitute good and sufficient (vi) Landlord owns 100% of the lessor's evidence of the wdstence of such agreement, and WC? right, title and interest in and to the tam. Landlord shall have the immediate right to the possession,use and owns 1 of the The title to the Premises. Except as enjoyment of the Premises following the expiration or disclosed ora the preliminary title report referred to on termination of the Lease regardless whether such a lease attached hereto, Landlord has not previously is theta being negotiated or has yet been executed or deeded, granted, assigned, mortgaged, pledged, delivered, As between Landlord and WCP, WCP shall hypothecated, alienated or otherwise any of have the ri but not the obligation, to use and enjoy its right,title and interest in and to the Lease or is and to any improvements or equipment installed or constructed the Premises to any other Person. by Tenant upon the Promises. The: rights granted to WCP in this paragraph are presently vested,irrevocable ble (vi) Other thart the Loom, th= are no property interests. agreements, aTangentents or undamandings to which Landlord is a party or by which Landlord is bo 10, Rearesean barns relating to the Lease or to the Premises. The tAm constitutes the legal, valid and binding obligation of Landlord hereby represents and warrants to WCP, as of Tenant enforceable against Tenant in accordance with the date hareof, its Ci) The Le this Agreement and such (viii) The name,address(including individual' rather documents constitute the legal, valid and binding' contact) and facamileftlecopy number for giving of obfigation of Landlord,enforceable against Landlord in notice& by Landlord to Tenant under the Lease are accordance with their terms. accurately set fmth on AXbW Q attached hemto. Wiftut Wang into considerationany right of Tenant to (it) Ilia execution, delivery and extend or renew the Lena,the Lena expires on the date performance by Landlord of the Lease, this Agreement (the "} sat forth este s d such other documents does not and will Dot violate: Tenant has no right to extend or renew the Lem except or conflict with any provision of Landlonfa as set fhrth on said & . organizational documents (if Landlord is an organization)or of any agreement to whims Landlord is a (ix) The an= (each, a " nal, party or by which Landlord is bound and will not violate )payable by Tenant to Landlord front and after or conflict with any law, tale, re on, iudgm=4 the dates hereof under the Lem in respect of base rent are order or'de=to which Landlord is subject., sat forth on B2dWdLQ attached to,together with the date or dames <upon winch each swit Pont (iia) Any permits, licenses, consents, Payment is payable. The Annual Rent Payined is approvals do which am required to subject to adjustment or re Leers only at the time be obtained in connection with dlord's ustion in the nitmow, if any, forth on said delivery or perfbrinance of the Leasa, this Agreement Tenant has no right of offset or deductinn, except as and such other documents have been obtained and are in set forth on said P ' "t nes period of fim or reduced hall force and effe rt. rent with respect to any Annual Ratit Nyment dere or payable e=the date hareof. Except as set forth on said (iv) There is no pending or threattoM BAMLAQ Tenant has no P&K and Landlord has not action, sunt or proeseft that, if dettmithied agamat collacted,any Rent in respect of any period;more diso 30 Landlord, would adversely affect Landlords ability to calandar dwys tom the d f, nor Landlord enter into the Lease, this Agreement or h o received ik letter of creft guaranty or documents or to perfbrm its obligations hereunder or other security for 'Tatiant's obligation for lea.yment of thervinder. Rea 11 VWVP«mss :##a «if # t 5P °.: 4P df... ..,. 4 i .t :. :, 1' d,. a W.. ,1#° i /... s !d a: #. Y # `#. ... W R St /.a. ii ##W {'':.6.. ii / t.. t Y.i i, #. k At. # :i.....R 1 /1.', r p... i :.. li #: /:fiF R i#:. 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Rd'f to/:4Ri W # i., f {:.: � / {.: :lf i :i#.r d :. #: r 9sw l:4. #..;. !# it A W.;.. # 4 iW.d " d'e F i d ! d N if/R i. #y tlt f.. m� �.+: «d#: ## du i# / : w hereto. The obligations of Landlord hereunder,including If any provision of this Agreement is invalid, illegal or the obligation to deliver any security deposit to WCP unenforceable in any respect, such provision shall only pursuant to Section 3(b) hereof, shall burden the land be ineffective to the extent of such invalidity, illegality upon which the Premises are located,and shall run with or =enforceability, and the remaining provisions 4=11 such land. WCP may from time to time sell, convey, remain in full force and effect so long as the economic assign, mortgage, pledge, ancumber, hypothecate, and legal substance of the transactions contemplated securitizo or otherwise transfer some or all of WCP's hereby, to as a whole, are not affected thereby in a right, title and interest in and to this Agreemen4 the materially adverse num=with respect to either party. Lease and/or the documents executed and delivered in connection herewith and therewith without notice to or 23. Hold AM njgLs and ruderaultUAft. consent of Landlord. Upon request by WCP, Landlord shall in writing acknowledge a proposed or completed WC? shall defend, indemnify-and hold harmless the transfer by WCP and confirm that Landlord's consent landlord, its zlected officials, officers, employees and thereto is not required,.. agents, from and against any and all actions, claims, demands, lawsuits, losses and liability fbr damages to 19. Nj persons or property, including costs and attorney fees, that may be asserted or claimed by any Person, firm, Nothing express or implied in this Agreement is intended entity, corporation, political subdivision or orb= to confer any rights or benefits on any Person other that organization arising out of or in connection with WCP's Landlord and WCP,and their permitted successors and negligent and/or intentionally wrongful act or amissions assigns. committed in connection with this agreement; but excluding such actions, claims, demands, lawsuits and 20, QgvLndag LM liability for damages to persons or property arising from the sole negligence or intentionally wrongfol sets of (A)TO THE MAXIMUM EXTENT PERMITTED BY Landlord, its elected officials, officers, employees or THE LAW OF THE STATE IN WHICH THE agents. PREMISES ARE LOCATED, THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN 24, goiloga jaLevA ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT REGARD TO WCP shall pay any and all taxes and assessments which PRINCIPLES OF CONFLICTS OF LAWS THEREOF. may, during the tarra of the Agreemar%4 be levied or THIS AGREEMENT SHALL OTHERWTSE BE assessed on the personal property of WCP and located on GOVERNED BY AND CONSTRUED IN the Premises WCP sclatowledges and agrees tha4 in ACCORDANCE WITH THE LAWS OF THE STATE accordance vnth California Revenue and 'T thou IN WHICH THE PREMISES ARE LOCATED. section 107.6. the Premises may be sub"eat to the Property taxation and that WCP may be deemed to have (B) EACH PARTY SUBMITS TO- THE NON. a possessory interest in such property and may be subject EXCLUSIVE JURISDICTION OF THE SUPERIOR to the payment ofpropaty taxes levied an such interest COURT OF SAN BERNARDINO COUNTY AND THE UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA,AND EACH PARTY WAIVES ANY OBJECTION WHICH IT MAY HAVE TO THE LAYING OF VENUE IN SUCH COURT, WHETHER ON THE BASIS OF INCONVENIENT FORUM OR CST E. 21. AA2Me_y!s EeM In my action or prw4--&g brought to enforce or interpret: this Agream=4 the prevailing It shall be entitled to an award of its reasonable attorney's fees and costs. All damages at other sums payable by out party to another hereunder shall bear interest from the date incurred or payable until paid at a rate equal,to the Imer of(a)10%per armum or(b)the highest rate permitted by applicable law. 22. §agMbilin, jX2W IN VMNESS VnEREOP,the uad rslgned,intending to be legally bound,have caused this Agreernent to be duly executed as of the date firstwritten above. LANDLORD: CITY OF REDLANDS, a Califorma Municigal corporation Attest: Y.. /Vw� Name. Karl N. Haws Title. Magor Address: P. 0. Bow 3905 L6rr` Payer, it Clary. Redlands, CA 92373 Atta. 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N Mr e: ! ■ •� tlf w N i ■, „t.a a N R.w :« i Y"� ##■! # #4 r ` x.Y w ■ .,# ! N.x" ■ Y■... Y,d :j K #.'L i i, �N« ! '. Nr 14 :. w • ,r • #P.. i !" #-M i # RY t. «e.. >.k' • F:^. * a■r6 'pit"wP.l: i :t i AI..■ s.I N i.+.' "sial #; ■ « # x , ■ •«= :lass ., : ..EN 4 :. NX ■.,:. 09-20-2003 02:48pa Fr=-WIRELESS CAPITA k' T14,245 2516 T-28S P-004/020 F-975 PCS SITE AGREEMENT Pxq#4 of A Sift Osm Iten 00jrt.Wster Tank M10 LO.044-s 5W--Nlt�t =Y OF REDLANDS, a Ca brnia ztuifdpal corporation �5 Br. Attest: print Name, It Mlbreath 41� Its: By S.S.frax Addrem for Notice and Re= I!Qvt office Blas-squ_ Caufornis 92873 Pham (W9)743-2661 Dated, seplu-11,2001 COX PCS AWETS.I-La. a DelawarewfN 0.0110,Ornpw ST ; . le� C'eofp Ghwomn 1w RegorW Dhwtor of$fte Deve-lopmenr Dated: ho' 2001 r4ran-WIRELESS CAPITAL 744-245 2515 7-283 PA05/020 F-STS E)CUMITA to PCS SrM A DESCRIPTION OF QWNER:S PROPTY& 2ESCPJPTION Of PROP ERTY LEASED TO COX Site Warne,nalen Stren Water" Site IM.No-SS-35-XC-091(B) Description Of Owner*$Property: The real property situated in the County of San]3cmardino,State of Califomis,and more particularly described as: Dat portion of Government Lot 13 in Section 7,Township 2 South,Range 2 We4%San Bernardino Meridian,in the County of S84 Benwdijjoof CAlifbmia,wwrftg to the officW plot the=4 described as follows: Beginning at a point on the West line of said Secdon 7,being South 1*W EW 1,880.00 fiw fmm the Northwest corner ofsaid Section 7,- -' thenca from this point of beginning along said West line of Section 7,South io 09,Ease .Sfiwq thence Worth 88*51'FAU 200.00 faet; thence North 10 09,West 100.00 fem thence North 12*29`West 121LOO fbet; thence South 880 511 Wort 174.85 feetto the Pont of Beginning. ToZother with that portion convrytd to the;City ofRcdJan&by deed recorded pec=ber 28,1953 in Book 3301,pw 119,Offichd Reowds. Description of Property Leawd to Cox:- That portion of Gavcrr==t Lot 13 in Section 7,Township 2 South,ROF 2 West,San Bemardino Meridian,in the County of San Bgjnq,Stou of Ctdifbrnia,accordiag to the official plat thereof, described as follows: The South 23.00 feet of the North 31.75 feet together with tht Sao 29.00 fW of the Wen 149.00 feet of said Lot 13 as shownon the"Not i Pare portion of sheet 2 of 3 Forcel MAP NO-5422 filed in-sock 133,Paps 98-100 otparcel maps in dw office cif the County R=rder of Said COUZILY- Description of Ac em EMscent Uned to Cox,. A 20 foot S*of land In GOVercratnt Lot 13 in S00tiOn 7,Township 2 South,P-AnSe 1" San Bernairdloo Maidian,in the County of San Bernardino,State of Cdi&mfa,according to the official plat thereof,the centerline of Wd strip des ed as follow Beghtnittg ata,point on the northerly Rw of the'Not a part"portion of shut 2 of 3 Parcel Map NO. 5422 filed in book 153,paw 98.100 of'Parcel,b*s in the offi=ofthe County Reeorder of is County,mW point being 15.95 fed from the Northeast comer of said portion;thence POrpOndir-ular to said line S00*47'45M 33.75 fm to the point of tarraination. owner initials Cox Initials k*,Y 09-22-2003 02:48ps komWlRELESS CAPITAL T44.246 2518 T-201 P,0091020 F-OT5 11�Bf'l B to FSS SMAGRU-MENT DESCR1-M- 10N QE-CO-VS ST'l'.>✓ site Naar 140en Cenrt Vit WTank ante 1 n,Bto:S8 3b GC oBitH [Site Plans Attached Consisting of Pagans] CWner Wtia Coat Initials i 09-29-2003 02:48pm -FfwWIELESS CAPITAL 7.14.245 2515 t-288 PACT/020 F-8T5 a EXHIBIT C to PCS S AG car��rroxAz,use��R�rrr ria.� 5cte rVan,� He1an cm,rewaterra�,k , jCondidono Use Permit Issued by City of Redlands Avaached Consisting of 3 Pages] L wzcr Initfals Cmc Znitiab 06-29-2003 02:49pm trot-WIRELESS CAPITAL 714.246 2515 T-293 P-ODS/020 HTS COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION CONDITIONS OF APPROVAL AND DEVELOPMENT INFORMATION FOR CONDrTIONAL USE PERMIT NO. 728 Date Of Prep2ration. March 7, 2001 Planning Commlsslon Date* March 13. 2001 Applicant Sprint PCs Location: - Southwest of Helen Court The following items are4nibrmatlon for the applicant to be aware of during the development process: • The Issuance of any permits shall comply with all provisions of the Median ds Municioal .Coda. • Unless construction has commenced pursuant to a building permit ora time extension Is granted in accordance with Code, this application thall expire on March 13, 2003. The proposed project is for the Installation of four(4)twenty-five (25)foot cellular towers With two(2)antennas on each pole fare wire lessWecommunication faclifty. The proposed callularfacirdy is located an a parcel that Is approximat*one(1)acre in size and contains a city water tank. The cellular facility Includes six (6) ancillary equipment cabinets that would be contained wbin an six (6) foot high chain rink fence except as noted below located in the northeast portion of the site.The proposed cellular tower would be provided with a stealth treatment in the form of a lollipop design. CONDITIONS OF APPROVAL I All plans submitted to the City shall refiect all elements of the Planning Commission approval and any other changes required by the Commission and/or staff. This condition applies to site plans, landscape plans, elevations, grading. and all other Illustrations, text or plans submitted to the City In connection with the profec 2. All utilities shall be placed underground. Plans shall be submitted that detail the undergrounding of all on-site utilities.subjectito neviewand approval ythe Community Development Director, prior to issuance of building permits- 3. Ground mounted equipment shall be screened from public view on all sides subject to review and approval by the Community Development Director,prior to issuance of building permits. 4. Multiple electrical meters shall be fully enclosed Ptid incorporated into the overall architectural design of the building(s). The location and method sure or 89-29-2003 01:41pm tram-WIRELESS dAPITAL 14.245 2515 T-203 P-009/020 F-875 screening of this equipment shall be shown on the final working drawings prior to building permit issuance. Location of said equipment shall be wordinated with appropriate utility company (i.e., Southern California Gas Company or Southern California Edison Company) The applicant shall submit Plans showing details of screening subject tc) review and approval by the Community Development Director, prior to Issuance of building pennits. S, The project site shall be kept in a weed and dust free condition throughout all periods of development. 6. Noise producing equipment shall be acoustically insulated to prevent impacts on adjacent residential uses and/or sensitive recepTers. The location of such equipment shall be shown an the site plan and shall be subject to review and approval by the Community Development Director, prior to issuance of building permits- The plans should also detail any noise reduction measures taken. 7. Exterior firs and/or mechanical equipmentshall be appropriately screened or pointed to match the freeway sign color,except for equipment designated by the Fire Chief as being exempt from this requirement a. Pursuant to Government Code Section 66020(d), certain fees, dedications, reservations or exactions Imposed by ft City as a condition of approval of this project are subject to a statory ninety(90) day protest period. Please be advised that the ninety(90)day protest period for those fees,dedications, reseritations and exactions which are subject to Government Code Section 66020(a) has commenced to run an the date this project was approved by the City. 9. # The maximum height of all fencing shall not exceed six(6)feet in height No barbed ,wire shall be placed at the site, 10. The*equipment cabinet area shall be enclosed on the north and east side by a six(6) foot.tall decorative block wall. The south and west side may be enclosed by a six (6) foot tall chainlink fence. Approved by: 4 Jeffl9i L Show v Community Development Director 02 4 ps ffor-Wr,ELE9E CAPITAL 714.246 2615 -293 P-010/020 E-975 o d' la n � � I U��i.4��C' INTER OFFICE MEMORANDUM Corfi7munity Development Department PLANNING DIVISIOU DAT5 MARCH T2,-2001 TO: PLANNING C04MISSION FROM JOHN JAQUESS CITY PLA.NNSR SUBir=C` : CUP 728- SPRINT ICS Since the staff report was prepared and transmitted to the Planning Commission, it was brought to the attention of staff by the City Attorney's office,that n additional condition of approval was needed.This condition Is to address the fact that any approval to use the City property for private use must be subject to an approved lease between the City Council and the leases, In this case Sprint PCS.Therefore, the foilowing condition of approval is proposed to be added as part of the Planning Commisslon's action if approval is granted. Condition No. 11 (added) 11 Approval of this application for a conditional use permit does not allow the applicant the tht to eater onto City property unless and until an approved executed lease agreement exists between the applicant and the City 1br the right to place a wireless telecommunication facility an site at the City's water tarok property. Further, approval of this conditional use permit does not commit the City to negotiate or enter Into a lease agreement with the applicant. The applicant expressly consents to tate addition of this condition of appmval R4J(j 7ASF REPORTSkaip728memompd i 09-29-200302.S PM tt-WIRELESS CAPITAL 7,14-246.2616 T-283 .011/020 F-ST 1111;;11,111111.Mlill Ill Iry •h Jr u ... S mQUE—hT Imo. X PCS ASM rYsw,ar e8rn cert vestar►k is made and entered of lune�, � , �Qwx�er''tcdl�at�i�aty ct�m "�' - W M M That owner has kased to Cox and Cczt has leased from towner$POrtf=offliat=tain real property *eopa %the State ofCalifon,*County of San t'Bernardino, ty of Redlands commonly IMOW3,as 1!101Water Tamk sj -a legal description of which -is shy unibit attacked hcreto and iacorporatcd Ile yin by Bce, er the t and conditi�,of the.unrecorded P bite Agreement and betty cr and dated June , ,�, I, and inc ted here fx� by re �e � e of twenty 0)years. SS OFt the parties have exerutrd the Mr,3noraadum.as of the daY and Year Erst aboven- CQ PCS 7j.0 t�F a.Ddware IftrAted liability company bIc BY; Mq , (ity of Redlands 'Pitt ., Regional DirecM Of Site DMlolamcut- cr - 4683 Chbot Dome, Smite 100 pleamtcm, California94588' aly cerk CMInItiabe Oa 28 2 OS 02:59pm Fr WIRELESS CAPITAL 714.245 2515 7-283 P-012/020 P-076 RECORDING REQIM4 JJB3Y ANTI) WHEN RECORDED MAIL TO: Sprint Spec trwn L.P. 4683 Chabot Drive,Suite 100 pleasanton,CA 94588 Atbt property SpedalisE--San BernaTdino County-, SB-35-XC-081(B) $PAV2AKWFMntM?0RR9C=W= THIS MEMORANDLU OF PCS SITF AGREEMENT is made and entered Into as of lune 12 fool by and between City of Redlands,amunicipal corporation COWner' and COX FCS ASSETS,L.L.C.,a Delaware limited liability comPanY CCOKI M==H: That owner has leased to Cox and Cox has leased from Owner a portion of that Certairl real property(the'Propertyl in the State Of Uff=ia. County Of San Bernardino, City of Redlands commonly Imom as Helm Court Water Tank site, a legal description Of'which is shown ip &A anachad hereto and incorporated btrein by reffirOnce. under the term' and conditions of the unrecorded PCS Site Agreement by and between owner and Cox dated juneU 2001,and irzorporated.herein by reference (the'Agmmentl for a term of twenty (20)years. IN MMSS WHEREOF,the parties bave executed'he Memorudurn as of the day and year f ht above written- Cox PcS ASSETS, U.C. crry oF REDiANDS a Delaware �y By By* G- hanXbyor,Qty of Redlands tous Titjr . Regional Dh-e=of Site Development Addre= 4683 Chabot Drive,Suite 100 pleasanton, California 94588 ATTEST! etk Ci etk ACKNOWLEDGMENMATUM JC=MrW%MNr&wW0 c4lewm"M ;w*?fit M1 04-24-2001 01:50pm art -WIRELESS CAPITAL 714.246 2615 T-233 P-013/020 HIS EXMrr A to PCs SITE A—GREEMENT DESCRPTION OF!2M!M:S-PRO EM— DESCRUTIP-N—OF PROPERTYLEASED TO COX Site Name:14clen street Water Tank Site M.No.:SR-3S-XC-O#1(B) DoscriPtiOn of Owner's Propertr- Tleand ni re Arti fart 4" real property s" ed in the County of San Bernardino,Stm of(741ifornia, 0 P Oul y cryb� as: Tbjt portion of GiDvernment Lot 13 in Swdon'7,Township 2 Sonth,A411V 2 Wei Sun Bernardino Meridian,in the County of San Bernardino,Stm of CalifbmiO6 according to the Official Plat the dest:ribed as follows: Beginning at a point on the West fine of said Section 7,being South I*09'East 1,88D.00 feet fim the Northwest corner ofsaid Section 7; — thence front this point of beginning along said West line of said Section 7.South le 09,East 22S.5 feet; theme North$840 511 Fist 200.00&at; theme Worth 10 05,war 100.00 feet; thence Worth 12"29'West 128.00 ftat; theme South$80 51'Wen 174.9$ficat to the Pbut ofBegihnine Tordier with that pond conveyed to the City of Redlatuls by deed rVzfd0d D=ember 28, 1953 in Book 3301,page 119,OffieW Records. Dest:6001ft of Property Lamed to Cox: That portion of0overnment Lot 13 in Section 7,Township 2 South,R=90'2 West,SAXI B==dioO Meridim-4 in,the County of San Bmtsrfto.Stow of California,amrding to the Official Plat thUT04 described as follows., The South 23.00 fm ofthe North 3$.75*c4 together with the 9*0 29.00 fe*t of West 149.00 feet: of said Lot 13 as shown an the'Not a Pate portion of sheet 2 of 3 Parcel Map 140-5422 Mad in Book 133,P"98-100 of parcel maps in the O `n the County Recorder Of Wd Connty- Description Of Access Ementeut Leased to Cm- A 20 foot strip of lad in Govmmcnt Lot 13 in Section 7,Township 2 Sotuh,R=S*2 We-%San Bernardino Meridian,in the County of Son Bmards"no,State .of Cgiffornis,ac=ding to the offlcbd pfid th=4 the c=teMn*of said strip desmfbed as hollow. B*ming At a point on the northerly line of the"Not a Pate portion ifs 2 of ?=*I Map No. $422 filed in book 133,pages 99-100 of Parcal 3daps in the office Offt COUmY Recorder OfsAid Co=ty,said point lac' 15.95&4d fim the Northeast cor=r of said POrdON then=PdtPencrxular to M9 Said lino 5OV47'.45 E 33.75 Ad to the point Oft=k 'ate - Owner Initials coxIaltials 09-H-2003 52:51 Pm Frm-WIRE LESS CAPITAL TT-283 P.0141020 F-BTS14 246 2515 STATE OF CAMORMA CO.TjNrY OF'— � Mbre me, On ibis -day of 2001,before appeared a Not blic 14, and for said State and CoUutY, Pers"allY (I ,personanyknown to ine(4* basis 9f%d9filetary ddefte,) to be thepers0n(4 vvhose narae(4 Wam, 0-4-d hff encuted the same insv=ent and acimowledged.to me that beAgmA sub ed to the mftin signature(4 an the instrmnent in h1S&=A4mk anthorizett capacvy�)) and that by hb&aAhek the hntr==t the person or the entity upon behalf of which the person actZ4 e=cttted Wititess seal cmmopm AL WIM" COMAUM 0W4713 ffamb fjo1w pw;ft,.cc JA�b�lin and for sai State and County Ak=060 000* STA_TF,OF CALIFORNIA COUN71Y OF On this day of 200110 b jo"e me, 2 f_ r personally appeared Notary Public in and f6r sa to and County, ac me(or a evi: persm(s)acteOr mmmted the kmm=t 'a evlde=) to be the perscm(S) wh050 n2me(s) W2re d me on the bags of sa 11 a i d acknowledged to me.that lie/oe/they executed the same sub ed to the VdIbill and that by his/her/their sipa=e(q) on the bmtrument in]ti /their aut6rized x entity u behalf afwk&*e the pamn(s), Or the eatitY;u V11tuess my band and official.seal O :W d fcw said State and COuRtY No Public in 04-29-2000 02,51 Pm Froo-WIELESS CAPITAL 714-246 2615 T-208 P.015/020 F-876 Al.L-PMOSE ACICNOWLEOG MENT STATE OF CALIFORNIA COUNTy or SAN BERNARDIN0 SS CITE' OF REDLANDS By the authority gra=d imder Chapter 4, Anicle 3, Section 1181* of the Ga Civil Code, a.ud Chapter 2, Division 3, Section 40814, of the Califtvig 0OVM==t Code, on SeP=ber 19. 2001, Wnre me, Beatrice Sanchez, Deputy City Clerk, OR behalf Of LOrrie Poy=- city Clerk of the city of Redlaads, Cglifbrnia, pcnonaRy appeared Pat-00=2& W Lorric Pbyzer Xj perms nany Imown,to me - car proved to me on the basis of SatisfAcm-tY evidenm to be the persons wbeft WMeS) are subsuribW to the within imqn==t and acknowledged tQ me that thcy axecated the Same in their authorized capacitien grd that by their signatures On the inM=ftt thn persons, or the en*upon behalf of which the PCTSOns at executed the iwtrument. WrNESS my hand and offield seAw . .00wl fit III&/ (.TN CL ERK LOR=PO �DCPWY CitY�Clcrk� -7"1 WA CM CLAMVMD BY,%QNMS) yndividualo)signing for oneseff/thar mnselvet carpumte OffIcer(s) Title($) Comp9dy Pminerabip Attomey-lk-Fact PritwW(l) T1 (s Trast {x) Oth" 71 (s): Wyor and City Clerk Entity Represented: cily of Redlands, California TMS=TMCAT.E MUST BE AITAOM To THE DOCUMENT DF-501ATSM)BELOW. Tide or Type ofDactuneur- MttrnnrandwnnfAgr&w=-COXPCSLLC Number of Pages : four Datc Of DOCUMOt: June 19, 2001 Signer(s)Other nm Named Above: George MMMUS To PURCHAaLAM SALE CIF LEASE: TENANTNOTIFICATION LETTER [Tenmt Name&Address] Re. Leased Telecommunications Site Property: Tower ID# .Site Name. W located at Lease> dated as of .as amended{ "LeaseJ,WCP##` Effective as of, . all ruts of the undersigned in and to the Lease were sold and assigned by the undersigned to Wireless Capital.Partners, LLC ("WCP1'). The undersigned will continue to owns the premises, and Inas retained the obligations and liabilities of the landlord under the Lease. After the date hereof, except for payments in respect of real property taxes and assessments,any amounts payable by you to Landlord under the Lease should be made payable to "Tireless Capital Partners, 1W', subject to any finther instructions you may hereafter receive from WCP, and should be delivered to WCP at Dept. #2732, Los Angeles, California 90084-2732. Payments in respect of real property taxes and assessments should, to the extent payable by you to the landlord under the Lease,;be paid by you to the undersigned. Any future communications regarding the Lease should be made as directed by WCP. If you have any questions about the foregoing, please contact Tony Jukes at WCP, whose phone number is(314) 593-2844 and fax number is(314) 593-2815: [LANDLORD SIGNATURE] Wa $3, rt Tenant Marne, Sprint PCS Assets,ILC VkJa Cox PCS Assets,LLC Tenant Address 6391 Sprint Parkway,Mails":KSOPHT0101- 2650, Overland Park, as 66251=2650 Expiration Bate: September 18,2021 (including options to ex Tenant's Option or Current terra expires on 9118/21,with no options to extend. Renewal Rights:' Current Annual Rent $25,000,00 Payment Adjustment or Rent will be increased every five years on the anniversary of the Recalculation of Annual Commencement Date by fifteen percent(15%). Rent Payment Security Deposit: -0- Preliminary 0Preliminary Title An Ownership and Encumbnmees Report was ordered from Land America. Report: Wa fl TO LURCH=AND.SAS LL=Z RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: WWLES S CAPITAL PARTNERS,LLC 2800 2e Street, Suite 100 Santa Monica,California 90405 Attn: Steven M.Wheelon jE-M_0RAtMUM OF PjaCHA SALE OF EASEMENT AN—D LEA 3E-AIM_ AND SUCCES_SOR LEAS This Memorandum of Purchase and Sale of Easement and Lease and Successor Lease (this "Mempran ") is made as of _ between _ ("Landlord"), and WIRELESS CAPITAL PARTNERS,LLC,a Delaware limited liability company("MLC_P"). A. Landlord and WCC' are parties to a Purchase and Sale of Easemant, Lease and Successor Lease dated on or about the date hereof(the "Agrecruenft pursuant to which Landlord has, on other things, sold and assigned its Tight,title and interest in and to the lease described on Exhibit A attached hereto (the "Lease'l affecting the real property described on Exhibit A attached hereto to WCP(the"Premises' . B. The parties hereto desire to execute this Memorandum to provide constructive notice of the existence of the Lease and the Agreement,and of WCP's rights under the Agreement including the easeanent granted therein. For good and valuable consideration, the receipt and adequacy of which are hereby aelmowledged,the parties hereto aelmowledge and/or agree as follows: Landlord has granted and hereby does grant an easement in the Premises to WCP, for the purpose of inspecting, installin& improving, enlargin&removing, maintaining,repairing and =placing of antennas and telecommunications equipment on the Pre es. Landlord has sold and assigned and hereby does sell and assign all of its right title and interest in and to the Lease to WCP,on the terms and subject to the conditions set forth in the Agrcen=t. The Lease expires by its terms on or about—[and contains—option s)to renew or extend the term for an additional period of, years each]. Landlord has leased and hereby does lease the Premises to WCP, on the terrns and subject to the conditions set forth in the Agreement. The successor lease is for a term commencing upon the expiration or termination of the Lease and ending on . Landlord has retained all of Landlord's obligations and liabilities urider the Lease. Nowaiw The terms and conditions of the Lease and the Agreement are hereby incorporated herein by reference as if set forth herein in full. Copies of the Lease and the Agreement are maintained by WCP at the address of WCP above and are available to interested parties upon request This Memorandum has been duly executed by the undersigned as of the date fust written above. Landlord: By: Name: Its: WCP: WIRELESS CAPITAL PARTNERS,LLC By. Name: Its: [NOTE: ALL SIGNATURES MUST BE PROPERLY NOTARIZED] 12 x < SCHEDULE A LEGAL DESCRIPTION AND LEASE DESCRIPTION x,3,2 13 I f RECORDING Q EST D BY AND IN RECORDED MAIL TO: WIRELESS CA.P1TA.L PARTNERS, LLC 2800 28h Street, Suite 100 Santa Monica,California0405 A : Steven M. Wheelon WCP#4 095 MEMQRANDUM OF Ma-IASEAM SALE OF EASE.MENT AND LEASE AND SLLCQESSQR LEASE .s Memorandum of Purchase and Sale of Easement and Lease and Successor Lease(this "M morandum") is made as of November 19, 2003 between CITY OF L1 , a California Municipal corporation("Landlord"), and WIRELESS CAPITAL PARTNERS, LLC, a Delaware limited liability company("WCF). A. Landlord and ' TCP are parties to a Purchase and Sale of Easement an Lease and. Successor Lease dated on or about the date hereof(the "AgLeement"), pursuant to which Landlord has, among other things, sold and assigned its right, title and interest in and to the lease described on Exhibit A attached hereto (the ` ease'D affecting the real property described on Exhibit A attached hereto to`SCP(the B. The parties 'hereto desire to execute this Memorandum to provide constructive notice of the existence of the Lease and the Agreement, and of WCP°s rights under the Agreement inclu the casement granted the For good and valuable consideration, the receipt and adequacy of which are hereby acknowledged,the parties hereto acknowledge and/or agree as follows: Landlord has granted and hereby does grant an easement in the Premises to WCP, for the purpose of inspectin& installing, improving, enlarging, removing, maintaining, repairing and replacing of antennas and telecommunications equipment on the Premises. Landlord has sold and assigned and hereby does sell and assign all of its right, title and interest in and to the Lease to WCP,on the terms and subject to the conditions set forth in the Agreement The Lease expires by its term on or about 9/18/2021 and con.tains no options to renew. Landlord has leased and hereby does lease the Premises to WCP, on the tam and-subject to the conditions set forth in the Agreement. The successor lease is for a term commencing upon the expiration or termination of the Lease and ending on November 30, 2010. Landlord has retained all o Landlord's obligations and liabilitiesder'the Lease. SCHEDULE A LEASE DESCRIPTION AND LEGAL DESCRIPTIC?N That certain LEASE AGREENT dated September 19,2001,by and between City of Redlands,a California municipal corporation,whose address is 35 Cajon Street, Suite 15 A, Redlands,CA 92399 C Landlord")and Sprint PCS Assets, LLC fWa Cox PCS Assets,LLC, a Delaware limited laibility company("Tenant"},whose address is 4683 Chabot Drive,Suite 100, Pleasanton,CA 94588,for the property located at APN#0300-451-08,Redlands,CA 92373. The Legal Description follows on the next page: i The terms and conditions of the Lease and the Agreement are hereby incorporated herein by reference as if set forth herein in fall. Copies of the Lease and the Agreement are maintained by WCP at the address of UT P above and are available to interested parties upon request. This Memorandum has been duly executed by the undersigned as of the date first written above: Landlord: CITY OF REDLANDS, a California municipal corporations Attest`: ' By Name: Karl N.^Haws itrie Poyz�yU Its: Mayor Clerk WP: WIRELESS CAPITAL PARTNERS, LLC, a Delaware limited Nabi ` company By: Name St .MCM Me Wheelon Its: Seninr Vice President E E ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO SS CITY OF RE ELANDS 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 November 18, 2003, before me, Beatrice Sanchez, Deputy City Clerk, on behalf of Lorrie Poyzer, City Clerk of the City of Redlands, California, personally appeared Karl N. Haws and Lorrie Poyzer I Xj personally known to me - or - f I proved to me on the basis of satisfactory evidence to be the persons whose names) are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities and 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. 0 V: F 1 0 tfr Ltd POYZER, CITY CLERK APOF14 1888 BY: Beatrice Sanchez, Deputy City Cle6er "'I'-f4/FO-RtA\ (909)798-7531 CAPACITY CLAIMED BY SIGNER(S) Individual(s) signing for oneselUthemselves Corporate Officer(s) Title(s) 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 TO THE DOCUMENT DESCRIBED BELOW: Title or Type of Document: Memorandum of Purchase and Sale of Easement and Lease and Successor Lease Date of Document: November 18, 2003 TENANT NOTIFICATION LETTER Sprint PCS Assets, LLC Sprint rational Lease Management 6391 Sprint Parkway Mailstop: I SOP TC10l-Z2b5f1 Overland Park, KS 66251-2650 Re: Leased Telecommunications Site Property. Tower IIS# SB35 CO81, Site Name: Sprint/Helen StreetWater Tank, located at APN#0300-451-08, Redlands; CA 92373, Lease dated as of September 19, 2001, as amended(the"Leaser),WCP #4709 Effective as of Nov.18,2003. all rights of the undersigned inandto the Lease were sold and assigned by the undersigned to Wireless Capital Partners, LLC (")MCF'). The undersigned will continue to own the premises, and has retained the obligations and liabilities of the landlord under the Lease. After the date hereof, except for payments in respect of real property taxes and assessments, any amounts payable by you.to Landlord under the Lease should be made payable to "Wireless Capital Partners,; LLC", subject to any further instructions you may hereafter receive from WCP, and should be delivered to VCP at Dept #2732, Los Angeles, California 90084-2732. Payments in respect of real property taxes and, assessments should, to the extent payable by you to the landlord under the Lease,be paid by you to the undersigned. Any future communications regarding the Lease should be made as directed by WCP. If you have any questions about the foregoing, please contact Tony Jukes at WCP, whose phone number is(310) 593-2840 and fax number is(310) 593-2815; Thank you very much, CITY(3P REDLANDS, a California municipal corporation Name:�. Title: Karl N. Haws Its; Mayor Attest: By Lor e Poyz y larl ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA< COUNTY OF SAN BERNARDINO SS CITY OF REDLAN 3 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 November 18 2003, before me, Beatrice Sanchez, Deputy City Clerk, on behalf of Lorne Poyzer, City Clerk of the City of Redlands, California, personally appeared Karl N. Haws and Lorrie Poyzer } personally known to me - or - f } proved to me on the basis of satisfactory evidence to be the persons whose names) are subscribed to the within instrument and acknowledged to me that; they executed the same in their authorized capacities and 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. 1��,��,ttttt€��tr�x��r 0 4 ��,� LORRIE POY ER, CITY CLERK iAp 0,4 1 _ * By. Beatrice Sanchez, Deputy City Clerk `~ (9[)9)798-7531 CAPACITY CLAIMED BY SIGNER(S) Individual(s) signing for oneselUthet selve Corporate Officer(s) Title(s) Company { Partners Partnership Attorney-In-Fact Principal(s) Trustee(s) Trust } Other Titles) Mayor and City Clerk Entity Represented: City of Redlands, a municipal corporation THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW: Title or Type of Document: Tenant Notification Letter Gate of Document: November 18, 2003 Signer(s) Other Than Named Above: none A AW'- Wfireless Capital Partners; LLC 1'.800 280iMarc r,'mm1011 "arra Ntons'aS raft +mom November 17, 21003 Linda Emmerson City of Redlands City Attorneys Office 35 Cajon Street Suite 200 Redlands. Ca 92373 Re: Apn#0300-451-08 None, Redlands, CA 92373 Dear Linda: Enclosed are the following documents related to the Wireless Capital Partners, LLC ("WCP") Lease Acquisition Program: Purchase and Sale of Easement and Lease and Successor Lease: Please sign in the identified space. This document serves as arse assignment of rent payments to WCP from the Landlord in exchange for the negotiated lump sum payment. Memorandum of Purchase and Sale of Easement and Lease and Successor Lease: Please sign in the identified space and notarize appropriately. This document summarizes the provisions of the Purchase and Sale of Easement and Lease and Successor Lease document and gets recorded in the county records where the property is located. Tenant Notification Letter: Please sign in the identified space and notarize appropriately. This letter alerts the Tenant to the change in payee for the duration of the assigned period. Form W-9: Please sign where indicated and complete the required information requested. This document is necessary for tax reporting purposes. Banking Information: Please complete your wire information for the bank account in which you would like the lump sum payment deposited. Please return the above executed documents to the undersigned in the enclosed, self-addressed UPS package, Once we are in receipt of the signed documents, all due diligence items and the Title Company is able to issue a Title Policy with only the approved exceptions, we shall send you a settlement statement that represents the lump sum payment for your review and approval. Upon your execution of the settlement Statement, we shall close your transaction and wire the purchase price amount. Shortly thereafter,you will receive a fully executed and dated copy of the documents for your files.