HomeMy WebLinkAboutContracts & Agreements_218-2003_CCv0001.pdf WCP
Wireless Capital Partners,LLC
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November 17, 2003 2800 8rh Ncre,r, ,00
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Phone: 110-")-1-'840%96(,
Fay:
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.
from the Landlord in exchange or the negotiiat d is lumps serves aas e assignment of rent a
payment.
payments to WCp
Memorandum of Purchase and Sale of Easement and Lease and Successor Lease:
Please sign in the identified space and notarize appropriately. This document sum
of the Purchase and Sale of Easement and Lease and Successor Lease document and
county records where the roe marines the provisions
Property rty is located. gets recorded in the
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.necessary for tax reporting purposes. q . This document is
Banking Information:
Please complete your wire information for the bank account in whic
Payment deposited. &a� hou would Y like the lump sum
Please return the above executed documents to the undersigned in the enclosed,
package. Once we are in receipt of the signed documents, all due diligence items
is able to issue a Title Policy with only the approved documents,
tions man self-addressed UPS
that represents the lump sum payment for your review and approval. and the Title Company
exceptions, we shall send you a settlement statement
settlement Statement, we shall close
thereafter, you will receive a fully executed and dated on and wire pthe 1 Up°n your execution h the
Purchase price amount. Shortly
copy of the documents for your files.
1
if you have any questions or comments related to the execution of the
closing document
c meet o cthe omplwithyoun of this
transaction, please call me at(310) 593-2820. I look forward
Regards,
D irT, sq.
Legal Counsel
Wireless Capital Partners, LLC
Encls.
RECORDING REQUESTED BY AND
WHEN RECORDED I"V1AIL TO.-
WIRELESS
O:WIRELESS CAPITAL PARTNERS, LLC
2800 281" Street, Suite 100
Santa Monica, California 90405 1'
Attn: Steven M. Wheelon
WCP# 47096
MEMORANDUM OF PURCHASE AND SALE OF EASEMENT AND LEASE
AND SUCCESSOR LEASE
This Memorandum of Purchase and Sale of Easement and Lease and Successor
Lease (this "Memorandum") is made as of November 18, 2003 between CITY OF REDLANDS,
a California Municipal corporation ("Landlord"), and WIRELESS CAPITAL PARTNERS, LLC,
a Delaware limited liability company ("WCP,,).
A. Landlord and WCP are parties to a Purchase and Sale of Easement and
Lease and Successor Lease dated on or about the date hereof (the "Agreement"), 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 "Lease-) 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 easement granted therein.
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 ofinspecting, 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 terms on or about 12/19/2007 and contains three (3) options to renew of five (5)
years each. Landlord has leased and hereby does lease the Premises to WCP, on the terms 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 of LandIord's obligations and liabilities under the Lease.
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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 first
written above.
Landlord: CITY OF REDLANDS,
ATTEST:
a California municipal co oration
By: c'"r
Name: Karl N. Haws
Lor 'e Poyzer, i y Clerk Its: Mayor
WCP: WIRELESS CAPITAL PARTNERS, LLC,
a Delaware limited
liabilit company
By:
Name:
Its: 4Pn or ViCei�lriE�at
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ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA }
COUNTY OF SAN BERNARDINO ) SS
CITY OF REDLANDS )
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
{ X} personally known to me - or - { } 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.
,.
�� ......., qZ ,
LORRIE POYZER, CITY CLERK
V GOFPORgT�O: N
1888 * By: �, L
•••• P Beatrice Sanchez, Deputy City Clerk
/'i',J�IrrrIIIII N (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
Signer(s) Other Than Named Above: Steven M. Wheelon, Sr. VP, Wireless Capital Partners
_.y'�.�.,�' z�.�z.�, _,'.,_ ��, �x �9. t� �-.�.��� "";;;;,�.r" ,-':,��'"'��s :`-:.ti-�'�... ,` 9,'d. t •- ,� -: ��«,s a....�.-��,`��a,'�-..,
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SCHEDULE A
LEASE DESCRIPTION
AND
LEGAL DESCRIPTION
That certain LEASE AGREEMENT dated November 19, 2002, by and between City of
Redlands, a California municipal corporation, whose address is 35 Cajon Street, S ulite 15 A,
Redlands, CA 92399 ("Landlord") and Pacific Bell Wireless, LLC, a Nevada limited liability
company d/b/a Cingular Wireless ("Tenant"), whose address is c/o Cingular Wireless, Mail
Code GAN02, Attn: Network Real Estate Administration, 6 100 Atlantic Blvd., Norcross, GA
30071, for the property located at APN# 0300-451-08, Redlands, CA 92373.
The Legal Description follows on the next page:
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EX103IT A
to
PCS SITE AGRFEMENT
DESCRIPTION OF OWNER'S PROPERTY&
DESCRIPTION OF FROPERTY LEASED TO COX
Site Name:Helen Street Water Tank-
Site T.T). No.:SB-35-XC-081(B)
Description of Owner's Property:
The real property situated in the County of San Bernardino,State of California, and more particularly described
as:
That portion of Lot 13 in Section 7,Township 2 South,Range 2 West,San Bernardino Meridian,in
the County of San Hemardino,State of California,according to the official plat thereof,described a5
follows;
Beginning at a point on the West line of said Section 7,being South 11 09' East
1,880.00 feet from the Northwest comer of said Section 7;
thence from this point of beginning along said West line of said Section 7, South
1' 09' Gast 225.5 feet;
thence North 88'51'East 200.00 feet;
thence North 1'09'West 100.00 feet;
thence North 12'29'West 128.00 feet;
thence South 88'51'West 174.85 feet to the Pont of Beginning.
Together with that portion conveyed to the City of Redlands by deed recorded
December 28, 1953 in Book 3301,page 119,Official Records,
Description of Property Leased to Cox:
That portion of Lot 13 in Section 7,Township 2 South,Range 2 West, San Bernardino Meridian,in the
County of San Bernardino,State c>.f California,according to the official plat thereof,described as
follows;
The South 23.00 feet of the North 38.75 feet,together with the East 29.00 feet of the West 149.00 feet
of said Lot 13 as shown on the"not a part"portion of sheet 2 of 3 Parcel Map No. 5422 filed in Book
133,Pages 98-100 of parcel maps in the office of the County Recorder of said County.
Description of Access Easement Leased to Cox:
A 20 foot strip of land in Lot 13 in Section 7,Township 2 South,Range 2 West, San Bernardino
Meridian,in the County of San Bernardino,State of California,according to the official plat thereof,the
centerline of said strip described as follows:
Beginning at a point on the northerly line of the"Not a Part"portion of sheet 2 of 3 Parcel Map No-
5422 filed in book 133,pages 98-100 of Parcel Maps in the office of the County Recorder of said
County,said point being 15.85 feet from the Northeast comer of'said portion:thence perpendicular to
said line S00°47.45"E,33.75 feet the point of termination.
Owner Initials (�
Cox Initials /J
Description: Sean Bernardico,C11 Doaument-Year-DoalD 2002.31009 Pages 10 of 18
Drder: 88094 Comment:
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ALL-PURPOSE ACKNOWLEDGMENT
State of Z�_u,f
Cr .;mac'`
County of '_ - SS.
J
On I �,% :.
l� )r: �, before me, 1rL'G�
Date
Name and Title of officer(e.9, JaneOoe,
personally appeared aubhc?
►yrs►���(��
!"m rsonally known to me
❑ proved to me on the basis of satisfactory
evidence
}+�+r•� -A - - �� to be the person(s) whose names is/,are
i] ANNA ELENA VARELA� �i
subscribed to the within instrument and
Commission#1372493 acknowledged to me that he/shey executed the
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(410i !VY
Notary Public-California ; same in his/hacahetf authorized capaciWlesj and
Los Angeles County that by his/herfhei-signatures(s"n the instrument
s Aug 30,2006 Comm.Expire _ the perso
n(s);or the entity upon behalf of which the
person(s acted,executed the instrument.
WITNESS my hand and official seal.
Signature of Notary public
-OPTIONALThough the information below is not required bylaw,it m
Prove valuable to
ns
on the
Prevent fraudulent removal and reattachment of this form tooanother ocumen�ocument and could not
Desai tion of Attached Document
Title or Type offlocument:
Document Date:__
Number of Pages:
Signer(s)Other Than Named Above'-
Capacity(ies)Claimed by Signer
Signer's Name:
❑ Individual .
❑ Corporate Officer-Title(s): Top°f""""b''ere
❑ Partner-❑Limited ❑ Genera!
❑ Attomey-in-Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer is Representing:
®1999 National Notary Assocation
www.nabonalrotary.org
Prod.No.ssor
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ME
ter~!
Pacific Bell WirelessTENANT NOT'FICATIO
, LLC N LETTER
c% Cingular Wireless
Mail Code GAN02
Attn: Network
Blvd.
1 Estate Administration
6100 Atlantic
Norcross, GA 30071
Re: Leased
Telecommunications
Reservo' Site Pro
n'Helen Court Property.. Site
Lease dated as of =located Name: Ci
ngular
November 19 at APN s030 451-08, Redlands, CA 923
Effective as of ' 2002 2373
and assigned b NOV• 18 2003 amended (the `Lease,)' WCp '
Will continue to the undersi , all rights of the #47096
geed , Wireless Capital Partnersigned in
under the Lease, own the premises, and has retained the and to the Lease
LLC ( WCp„ were sold
obligations and I ai bilines of the The si
After thefined
date hereof landlord
assessments except
to "Wireless any amounts payable b pt for payments
Capital Partners Y you to Landlord in respect of
receive , LLC" under the real property
90084_ from WCp, and should L subject to Lease should be taxes and
2732. Payments in res delivered any cher instructions you made payable
Payable by you
to the I pest of real roto WCP at Dept. #2732 may hereafter
landlord under the property taxes and Los Angeles
Lease, be assessments s � California
Any future co paid by You to the undersi Angeles'to the
You have an �unications re extent
Y questions about t regarding ase s fined•
number is (310 he fore g the Le should be
593-2840 and fax numb
u going, please contact made as directed by WCp
tuber is (310) 593-2815 Tony Jukes at W If
CP, whose phone
Thank you very uch,
CITY OF
REDLAND
a California ,
rnia municipal corporation
Name:
Title: Kari N• Haws
Ma
or
ATTEST:
Lo ie poyz
ity Clerk
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EXHIBIT A
TO PURCHASE AND SALE OF LEASE
LEASE
Novcmbe 13,2003 p
\\%LA-70999/0518-146345 v10 O
13_02.14am From—WIRELESS CAPITAL 714 245 2515 T-281 P.001 F-873
CP qwu
WIRELESS SERVICE FACILITY
LAND LEASE AGREEMENT
This Land Lease Agreement (the "Lease'), is made and entered into on November 19,
2002 by and between the City of, Plandc, a mimicirai corporation ("landlord") and Pacific
1 e11 Wireless, LLC, a Nevada limited liability company, d/b/a Cingular Wireless ("Tenant"},
collectively the"Parties,"
Landlord, for and in consideration of the rent to be paid by,Te mant avd For the envenantc
and provisions to be kept and performed by Tenant under this Least;,hen-by leases to Tenarit for
Tenant's sole use, and Tenant agrees to lease from Landlord approximately sPvrn h=&'A
twenty-one (721) square feet of property located at Sunset Reservoir, Helen Court, Redlands,
California 92373 and more particularly described in the attached legal description Exhibit A(the
"Property"l and plan of development of the area to be leased as set forth in Exhibit 13 (the
"Site"). The proposed Site is to be used for an antenna support structure and communication
equipment for a personal communications wireless services facility ("WSF"), using stealth
trcatnialt, as required pursuant to the Redlands Municipal Code.
Section 1. Intent of Parties. It 13 the intent of the Parties that Tenant will develop on
Landlord's Property a WSF on the Site, as defined herein, by using stealth treatment, as required
pursuant to the Redlands Municipal Codc. In order to develop the Site, Tenant will have to
apply for and obtain from the City, a Conditional Use Permit("CUP"),pursuant to the.R.edlatids
Municipal Code, Chapter 18.178, "Wireless Service Facilities." As part of this application and
as an integral pact of the Lpa.ge, Tenant shall submit for approval to Landlord's Municipal
Utilities Depwtment, site plans, structural design, building plans, utility services and other
designs, specifications and pians prepared by a civil engineer licensed with the State of
California. Thereafter Tenant shall apply for and obtain a Building Fmuiit su as to construct the
Wireless Service Facilities.
Section 2_ Term_
A. Pre-CUP.
Commencing upon the full execution and delivery of this T.Fase, Tenant hereby agrees to
Lease from Landlord the Site for the nominal rent of$100.00 per month payable nu 1" of
each month pending the application for, and the approval of, a CUP as required herein
and all tither approvals necessary for any governmental agency so that Tenant can
construct and develop the WSF on the Site. After the approval of the CUP and all other
approvals necessary from anY gover=ental agency, the terms of the Lease will convert
to Section 2(13)herein,"Post-CUP."
(I) If, the Tenant does not receive approval for a CLIP, or if Tenant fails to make
application for the CUP within 6 months of the date of this Lease, this Lease will
immediately terminate with no other liability or responsibility by either Landlord
or Tenant as to each other.
B. Post-CUP.
08-24-2003 02:15am From-WIRELESS CAPITAL 714 245 2515 T-281 P.002 F-873 �
The term of the Lease described in Section 2(A) above, shall terminate upone
th
date of approval of a CUP to Tenant for development of the Site. The new term of this
Lease shall be as is now set forth herein. The"Commencement Date"for purposes of the
term of the "Post-CUP"Lease shall be the date of approval of the CUP from Landlord to
Tenant-and shall'be for a period of five (5) years from that date, at which time rental
payments will be due at an annual rate of $25,000 to be paid in total on the
Commencement Date, and on the anniversary of Commencement Date thereafter, to the
City of Redlands or to such other person,firm or place as the Landlord may, from time to
time designate by written notice delivered to Tenant. This Lease shall automatically be
extended for three(3) additional five(5)year terms unless either party terminates it at the
end of the then current term by giving written notice of the intent to terminate at least six
(6) months prior to the end of the then current term or unless terminated as otherwise
provided herein in this Lease. Rent will increase every five (5) years on the anniversary
of the"Commencement Date"by fifteen percent(15%).
Section 3. Use of Premises. During the term of this Lease, the Site shall be used solely
by Tenant, subject to the conditions set forth in Conditional Use permit ("CUP') No. 774_,
erence as Exhibit "C" (or to be attached
attached hereto and incorporated herein by refupon the
procurement of the CUP) for the sole purpose of installing, removing, replacing, maintaining,
modifying and operating at its sole expense the WSF including, without limitation, related
antennas, equipment, cable, wiring, fixtures,backup power sources (including generator and fuel
storage tank) and, if applicable, an antenna structure. Landlord hereby grants Tenant a License,
attached as Exhibit, "D" for in to and egress from the Property and access to the Site,
twenty-four (24) hours a day, seven (7) days a week, located on the Property as described on
Exhibit"A"and shown on Exhibit"B,"and Tenant shall have access to the Site upon giving City
at least four(4) hours prior notice of its request to enter the Site. Tenant will contact the City's
Municipal Utilities Department--standby dispatch office for access. Landlord also hereby grants
to Tenant the right to survey the property and the Site, and said survey if done, shall then become
Exhibit "E"which shall be attached hereto and made a part hereof; and shall control in the event
of boundary and access discrepancies between it and Exhibit "B." Cost for such work shall be
borne by the Tenant. Tenant shall use the Site in a n=mer which shall not unreasonably disturb
the occupancy of Landlord's pre-existing use of the property, or the pre-existing use of
Landlord's other tenants.
Section 4. As is Condition. Except as expressly stated otherwise herein, Tenant is
leasing the Site in an "AS 1;S" condition and Landlord does not represent that the Site is suitable
for Tenant's intended use. Tenant is responsible to undertake such due diligence as it deems
necessary to determine the condition and suitability of the site. Tenant shall, have the right (but
not the obligation), during business hours, following the full execution of this Lease, and with
the permission and consent of Landlord, to enter the Site for the purpose of making necessary
inspections, engineering surveys (and soil tests where applicable), and other reasonably
necessary tests, to determine the suitability of the Site for the WSF and for the purpose of
preparing for the construction of the WSF. Tenant will notify Landlord of any proposed testing
or pre-construction work and will obtain Landlord's written consent for such testing and pre-
construction work and will coordinate the scheduling of same with Landlord prior to conducting
such testing or pre-construction work.
,.<- .�* ar� ``. ` `' -^�-,.tea`.-. ., � � ��.'�������,, S� �.7�"'s- �'a•;
09729-2003 01.15pm From-WIRELESS CAPITAL 714 245 2515 T-281 P.003/018 F-873
Sec 'on 5. Title and QAiet Possession. Landlord represents and agrees (a) that it is the
owner of the Site; (b) that is has the right to enter into this Lease; (c) that the person signing this
Lease has the authority to sign it; (d) that Tenant is entitled to acruse of in the event
Site as
provided herein throughout the term of this Lease. Notwithstandingforegoing,
of any situation that poses an immediate threat of substantial harm to persons and/or property
which requires entry onto the Site by Landlord, Landlord may enter the Site and take such
actions that are required to protect individuals or personal property from such substantial harm or
damage;provided that promptly after such entry into the Site and no longer than forty-eight (48)
s entry ono the
hours, Landlord shall give telephonic and written notice to Tenan ?he covenan st shall
Site. Landlord covenants that Tenant, on paying the rent and performing
peaceably and quietly have,hold and enjoy the Site.
Section 6.AssiMp2ent/Sublettin _ The Lease may be sold and assigned or transferred by
the Tenant with prior written approval and consent of the landlord, subject to the conditions of
the CUP, which may terminate upon transfer of the Lease, to (i) the Tenant's principal, partner,
affiliates, members, subsidiaries of its principal; (ii) to any entity which acquires all or
substantially all of Tenant's assets in the market defined by the Federal Communications
Commission in which the Property is located by reason of a merger, acquisition or other business
reorganization; or (iii) to any entity which acquires or receives an interest in the majority of
communication towers of the Tenant in the market defined by the Federal Communications
Commission in which the Property is located. Except as otherwise provided in this Section 6,
Tenant shall not assign or transfer this Lease or sublet all or any portion of the Site without the
prior written consent of Landlord which consent shall not be unreasonably withheld, conditioned
or delayed. In the event Tenant attempts any assignment or transfer requiring Landlord's
consent without the Landlord's prior written consezit, such action shall be null and void, and this
Lease shall immediately be subject to termination at the option of the Landlord.
Section 7. Notices. All notices shall be made in writing and are effective three days after
deposit in the United States mail, certified and postage prepaid, or the next business day when
sent by overnight delivery service. Mailed notices shall be addressed as set forth below,but each
party may change its address by written notice in accordance with this Section.
Tenant With .cove concurrently to:
c/o Cingular Wireless Cingular Wireless
Mail Code GAN02 Attn: Legal Department
Attn:Network Real Estate Administration 2521 Michelle.Drive,2nd Floor
6100 Atlantic Blvd. Tustin, CA 92780
Norcross, GA 30071
Landlord
City of Redlands
Municipal Utilities Department
Attn: Director of Municipal Utilities
P.O.Box 3005
Redlands CA 92373
09-19-2003 01:16Pm From-WIRELESS CAPITAL
714 245 2515 T-281 P.004/018 F-873
Section I Improvements. Tenant may, at its sole expense, make any improvements on
the Site as permitted pursuant to CUP No. 774 . attached hereto as Exhibit"C."
Section 9. Compliance with Laws. Tenant shall comply with all applicable laws relating
to Tenant's operation of the WSF and the improvements constructed by Tenant constructed
pursuant to CUP No. 774 at the Site.
Section 10. Interference. Tenant shall resolve technical interference problems with other
equipment located at the Property at the time of its entry onto the Site or with any equipment that
Tenant attaches to the Site at any future date,if Tenant desires to add additional equipment to the
Site. Landlord will not use nor permit the installation of any future equipment that results in
technical interference problems with Tenant's then existing equipment, subject to the terms set
forth herein in Section 10. Landlord shall have the right to have installed equipment by any
other provider that Landlord allows on the Sunset Reservoir site, Helen Court, Redlands,
California, (the "Property"), except that this new provider's use cannot interfere with Tenant's
operation at the Site and is in compliance with all rules and regulations of the Federal
Communication Commission. Tenant shall allow installation of the equipment for the use by the
Landlord, or its agencies or department("New Equipment')and Tenant shall have the obligation
to resolve any interference resulting therefrom. However, before installation of any New
Equipment at the Property, Landlord will give Tenant not less than thirty(30) days prior written
notice,which notice shall include the technical specifications of the New Equipment proposed to
be installed and its proposed location. Them-after, Landlord will use its best efforts to locate the
New Equipment on the Property in a manner so that no interference shall result between the
operation of Tenant's equipment and the proposed New Equipment. If, despite all these efforts,
interference cannot be avoided, then Landlord may terminate this Lease by giving Tenant one
hundred eighty(180) days written notice of termination or Tenant may terminate this Lease by
giving Landlord sixty(60) days written notice of termination. Rent will continue until Tenant
vacates the Site,and will be pro-rated.
Section 11. Utilities. Landlord grants Tenant the right to obtain electrical and telephOone
service for the operation of its WSF and shall have the right to install, operate and maintain such
utilities subject to the terms and conditions of the CUP in the Iocation designated in Exhibit"B"
and pursuant to CUP Exhibit "C." Tenant shall pay for all utilities used by it at the Site.
Landlord will cooperate, to the extent allowed by law, with Tenant's efforts to obtain utilities
from any location provided by Landlord or the serving utility including signing any license
agreement or other instrument reasonably required by the utility company and that is acceptable
to Landlord, and provided Landlord incurs no cost or expense therefore.
Section 12. Termination.
A. Tenant may terminate this Lease at any time by sixty (60) days prior notice; to
Landlord without further liability if. (i) Tenant does not obtain all permits,
consents, licenses, non-disturbance agreements or other approvals (collectively,
"approvals") reasonably desired by Tenant or required from any governmental
authority or any third party related to or reasonably necessary to operate the WSF
09-29-2003 02.18Pm � From-WIRELESS CAPITAL 714 145 2515 T-181 P.005/018 F-873
system, or if any such approvals are canceled, expire or are withdrawn or
terminated, or (ii) if Landlord fails to have ownership of the Site or authority to
enter into this Lease; or(iii) if Tenant, for any other reason, in its sale discretion,
determines that it will be unable to use the Site. Upon termination pursuant to (i)
or(ll), all prepaid rent shall be prorated through the termination date of this Lease
and returned promptly to Tenant. I& after the commencement of tenancy under
this Lease, Tenant terminates this Lease pursuant to Section (iii) above, Tenant
will pay Landlord a termination fee equal to six (6) months of the then-current
annual rent.
B. If Tenant violates any term of the CUP or defaults on this Lease or if Landlord, in
its sole and reasonable discretion,makes a good faith determination that the use of
the Site by Tenant is impairing or hindering Landlord's principal use of the
property so that continued use by Tenant is determined not to be in the Landlord's
best interest,and after written notice and a reasonable time not to exceed thirty(3)
days to cure said impairment or hindrance, and such is not cured, then at the sole
discretion of Landlord, Landlord determines that Tenant is unable to cure said
impairment or hindrance, Landlord may, without further liability, immediately
terminate this Lease by written notice to Tenant. Upon termination, all prepaid
rent, as prorated by use, shall be returned to Tenant. Tenant shall be allowed to
remove all of its personal property,including its equipment,cabling and antennas,
and return the Site to its pre-Lease condition. Notwithstanding the foregoing and
prior to exercising any termination right, Landlord and Tenant shall meet and
confer in good faith and use all reasonable endeavors to develop and implement
solutions which may allow Tenant's use to continue upon the Site or elsewhere
upon the Property-
C. Tenant, upon termination of the Lease, shall, within ninety(90) days, remove its
buildings(s), antenna structure(s) (except footings), fistures and all personal
property and otherwise return the Site to its original condition as of the
Commencement Date, reasonable wear and tear and casualty excepted. Landlord
agrees and acknowledges that all of the equipment, fixtures and personal property
of the Tenant shall remain the personal property of the Tenant and the Tenant
shall have the right to remove the same,whether or not said items are considered
fixtures and attachments to real property under applicable law, provided Tenant
returns the Site to its original condition.
Section 13. Default. If either party is in default under this Lease for a period of: (a)
fifteen (15) days following receipt of notice from the non-defaulting party with respect to a
default which may be cured solely by the.payment of money; or (b) thirty (30) days following
receipt of notice from the non-defaulting party with respect to a default which may not be cured
solely by the payment of money, then, in either event, the non-defaulting party may pursue any
remedies available to it against the defaulting party under applicable law, including, but not
limited to, the right to tertttinate this Lease. If the non-monetary default may not reasonably be
cured within a thirty (3) day period, this Lease may not be terminated or pursue any remedies
available to it under applicable law,if the defaulting party continences action to cure the default
within such thirty day period and proceeds with due diligence to fully cure the default, and cures
no later than ninety(90)days from notice of default.
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Section 14. Indemnity. Landlord and Tenant each shall indemni.i'y, defend and hold each
other harmless from any and all costs (including reasonable attorneys' fees) and claim-, of
liability or loss which arise out of the ownership, use and/or occupancy of the Site by the
indemnifying party. This indemnity does not apply to the extent any claims arising from the sole
negligence or intentional misconduct of the indemnified party. The obligations under this
section shall survive the expiration or termination of this Lease.
Section 15, Hazardous Substances. Landlord represents that it has no knowledge of any
substance, chemical or waste (collectively, "substance's on or under the Property or Site that is
identified as hazardous, toxic or dangerous in any applicable federal, state or local law or
regulation. Tenant shall not introduce or use any such substance on the Site in violation of any
applicable law. Landlord and Tenant shall hold each other harmless and indemnify the other
from and assume all duties, responsibility and liability at each others sole cost and expense, for
all duties, responsibilities, and liability (for payment of penalties, sanctions, forfeitures, losses,
costs, or damages) and for responding to any action, notice, claim, order, summons, citation,
directive, litigation, investigation or proceeding which is in any way related to: a) failure to
comply with any environmental or industrial hygiene law, including without limitation any
regulations, guidelines, standards, or policies of any goverrunnental authorities regulating or
imposing standards of liability or standards of conduct with regard to any environmental or
industrial hygiene concerns or conditions as may now or at any time hereafter be in effect,unless
such compliance results from conditions caused solely by the Tenant; and/or b) any
environmental or industrial hygiene conditions arising out of or in any way related to the
condition of the Property or activities conducted thereon, unless such environmental conditions
are caused by the Tenant, then Tenant shall hold harmless, indemnify and defend Landlord for
all costs and expenses,including attorneys' fees for said sole negligence of Tenant_
Section 16. Taxes. Tenant shall be responsible for all real and personal property taxes
assessed directly upon the Site that arise directly from its use of the WSF on the Site.
Section 17. insurance. Tenant shall procure and maintain commercial general liability
insurance, with limits of not less than Two Million Dollars ($2,000,000) combined single limit
per occurrence for bodily injury and property damage liability, with a certificate of insurance to
be furnished to Landlord prior to Tenant's occupancy of the Site. landlord shall be named as an
additional insured under the insurance policies required of Tenant, and such insurance shall be
primary with respect to Landlord and non-contributing to any insurance or self-insurance
maintained by Landlord. Such policy shall provide that cancellation will not occur without at
least thirty(30) days prior written notice to Landlord. Insurance requirements shall be reviewed
by Landlord and adjusted by Landlord, in Landlord's sole and reasonable discretion, on every
five-year anniversary date of this Lease_ Tenant shall provide any new certificates of insurance
with new limits of liability coverage to Landlord within Fourteen (14) days of receipt of written
notice by Landlord to Tenant to adjust said insurance requirements.
Section 18, Maintenance. Tenant shall be responsible for repairing and maintaining the
WSF and any other improvements installed by Tenant at the Site in a proper operating and safe
condition; provided, however, if any such repair or maintenance is required due to act s of
a vy_
_ E°u
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Landlord, its agents or employees, Landlord shall reimburse Tenant for the reasonable costs
incurred by Tenant to return the damaged areas to the condition which existed inunediately prior
thereto. Landlord will maintain and repair all other portions of the property of which the Site is
a part in a proper operating and reasonably safe condition.
Section 19. possesso Interest. In accordance with California Revenue and Tax Code
section 107.6, Landlord hereby notifies Tenant that the interest created by this Lease may be
subject to property taxation and Tenant may be subject to the payment of a property/Possessory
interest tax levied on such interest. Tenant shall be solely responsible for the payment of such
taxes and shall defend, indemnify and hold Landlord harmless from and against any and all
claims or actions for payment(or nonpayment)of such taxes.
Section 20_ Miscellaneous.
A. This Lease applies to and binds the successors, and assigns of the parties to this
Lease:
B. This Lease is governed by the laws of the State of California;
C_ This Lease (including the Exhibits) constitutes the entire agreement between the
parties and supersedes all prior written and verbal agreements, representations,
promises or understandings between the parties, and any amendments to this
Lease must be in writing and executed by both parties;
D. If any provision of this Lease is invalid or unenforceable with respect to any
party, the remainder of this Lease or the application of such provision to persons
other than those as to whom it is held invalid or unenforceable, will not be
affected and each provision of this Lease will be valid and enforceable to the
fullest extent permitted by law; and court to enforce or interpret
E. The prevailing party in any action or proceeding ,
the terms or conditions of this Lease is entitled to receive its reasonable attorzneys
fees and other reasonable costs and expenses from the non-prevailing party.
Section 21. Recordation. In entering into this Lease, Tenant and Landlord acknowledge
and agree that, among other things, it is the express intention of the parties that any and all other
persons and/or potential successors in interest and assigns of Tenant have actual and constructive
notice of Tenant's obligations under, and the benefits and burdens of,this Lease. Therefore,the
Parties agree to execute a Memorandum of WSF Site Agreement (Exhibit '71,which shall be
recorded by Tenant in the officialrecords of encement of�co ountY of nsnuction��,�atdinost of�e id recording of this
dum
shall be recorded prior to comet
Memorandum shall be paid for by Tenant.
Section 22 Subordination andNon-Disturbs ems. At Landlord's option,this Lease shall
be subordinate to any mortgage or other security interest by Landlord which from time to time
may encumber all or part of the Property or right-of-way; provided, however, every such
mortgage or other security interest shall recognize the validity of this Lease in the event of a
foreclosure of Landlord's interest and also Tenant's right to remain in occupancy of and have
access to the Site as long as Tenant is not in default of this Lease. Tenant shall execute whatever
instruments may reasonably be required to evidence this subordination clause. In the event the
Property is encumbered by a mortgage or other security interest, the Landlord immediately after
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T-281 P.008/010 F-873
this Lease is executed, will obtain and furnish to Tenant, a non-disturbance agreement for each
such mortgage or other security interest in recordable form. In the event the Landlord defaults in
the payment and/or other performance of any mortgage or other security interest encumbering
the Property, Tenant, may, at its sole option and without obligation, cure or correct Landlord's
default and upon doing so, Tenant shall be subrogated to any and all rights, titles, liens and
equities of the holders of such mortgage or security interest and the Tenant shall be entitled to
deduct and setoff against all rents that may otherwise become due under this Lease the sums paid
by Tenant to cure or correct such defaults.
Section 23. Destruction of Site. If the Site or Property is destroyed or damaged so to
hinder its effective use of the Property by Tenant, Landlord shall endeavor to make available to
Tenant a temporary site on the Progeny which is equally suitable for Tenant's use as permitted
under this CUP. Tenant may construct, operate, and maintain substitute WSF thereon until the
WSF is fully restored and operational on the ,Site. Rent shall abate in fill during any time that
Tenant is unable to operate the WSF on the Property. Alternatively, either party may elect to
terminate this Lease as of the date of the damage or destruction without liability to either party
may elect to terminate this Lease as of the date of the damage or destruction without liability to
either party by so notifying the other party by no less than thirty (3) days written notice
following the date of damage or destruction.
Section 24. Further Consideration. In $other consideration of Landlord's execution of
this Lease, Tenant shall construct by use of a CUP and in accordance with the provisions of the
Redlands Municipal Code Chapter 18.178, Wireless Service facilities, stealth treatment of the
Wireless Service Facility and Cell Tower located at El Carmelo Retreat, 926 E. Highland
Avenue, Redlands, California, within eight (8) months of when Tenant obtains ownership of the
cell tower and/or permission from the current owner and/or Lease holden to stealth treat this cell
tower site. Tenant shall notify City in writing when ownership of the cell tower site and/or
permission to stealth treat the cell tower site is obtained from the cw i ent owner and/or Le-ase
holder of said same cell tower site. If Tenant fails to comply with this provision, Landlord may
exercise any and all legal remedies provided for in this Lease for Tenant's default of this Lease,
including specific performance,to enforce compliance with this provision.
[SIGNATURE PAGE FOLLOWS]
714 245 2515 T-281 P.009/018 F-873
o9-29-2003 02:18pm From-WIRELESS CAPITAL
IN WITNESS WHEREOF, the Parties hereto have set their hands and axed their seals
the day and year first above written.
LANDLORD TENANT
CrTY OF REDLANDS PACIFIC BELT WIFELESS,LLC,
A municipal corporation a Nevada limited liability company:
d/b/a CINGULAR WIRELESS
By: GSM Facilities,LLC,
Its sole member
By: Cipzdar Wireless TLC
its agent
By: By:
Mayor Charles Vranek
Title:Vice President,
Special projects/Real Estate
Date: Date:
ATTEST:
City Clerk
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' 714 245 2515 T-281 P.010/018 F-873
EXHIBIT "A"
LEGAL DESCRIPTION OF THE PROPERTY
The Property of which the Site are a part is described as follows:
Sunset Reservoir Helen Court
Redlands CA 923 73
APN: 0300-451-08
All that real property located in the State of California, County
follows: of SanBernardino, described as
a
09-29-?003 02:18am Frog-WIRELESS CAPITi1l
1142A5 2515 T-281 P.O11/018 F-813
EXHZBI'T "B"
DESCRIPTION OFT E SITE
The Site consists of those specific areas described/shown below Shereande Sass° tedunicati ns
antennas, equipment, and cables occupy the Property. dimensions, and locations as
connections and access, including license, ingress, egress, b Tenant at the
described/shown below, are approximate only, and may be adjusted or changedY
time of constriction to reasonably accommodate sound engineering criteria and the physical
features of the Property.
A parcel of land approximately six hundred twenty five (625) square feet, and any required
airspace, together with a non-exclusive license and right of way in and over the Property to
provide physical access by personnel and equipment from the nearest o��u right of way,
on in meads
utilities from the nearest service, to or from the Site; and, a temporary
reasonably necessary, to permit the
constructioninstallation of Tenant's Facilities on
Site. Tenant agrees promptly to repair y
areas ed within this temporary
easement-
(See attached drawings identified as CM-365-11-B1,dated 10/02/02)
See attachments as follows:
-
: r' `' f ��3� �'�'�3��.� ✓ '!' .. <-r � ,t�fir` ^` � �,,'�'^3
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714 245 1515 T-281 P.012/018 F-873
EXHIBIT C
CONDITIONAL USE PERMIT
(TO FOLLOW) CUP 774
7
f
h
_,-..; .;;>,._..,....._...w...,..m;,,:,,........�.��.r�, -�:z✓ '� �z�:�'�.a-.,�.es>�._ :,„.w.___ � .. U �;_� ..�,'a.�rr�,ss€":,,. -��_a�� :
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EXHIBIT "D"
LICENSE AGREEMENT
DC-29-2003 02:19pm From-WIRELESS CAPITAL
714 145 2515 T-281 P.014/010 F-873
10
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL
TO:
City Clerk
City of Redlands
PO Box 3005
Redlands, CA 92373-1505
LICENSE AGREEMENT
This License Agreement ("Agreement") is made and entered into this day of
November 2002 (the "Effective Date"), by and between the City of Redlands, a municipal
corporation ("Licensor") and pacific Bell Wireless, LLC, a Nevada limited liability company,
d/b/a Cingular Wireless ("Licensee").
RECITALS
A. Licensor is the owner of real property located in the City of Redlands which is
commonly known as a portion of Sunset Reservoir Helen Court (the "Property"). Licensor and
Licensee have entered into a Site Agreement Lease for the Property for the purpose of Licensee's
Operation of a personal communications service system facility. A copy of the Site Agreement
Lease is attached hereto and incorporated herein by this reference as Exhibit"A."
B. Licensee desires to place related stealth antenna towers, and nun cables to diose
antennas, on the Property.
C. Licensor desires to grant Licensee a non-exclusive license to enter upon the
,Property for the purpose of placement of stealth antenna towers and cables from the antennas to
Licensee's equipment for purposes of facilitating the operation of Licensee's personal
communications service system facility.
In consideration of the mutual promises contained herein, Licensor and Licensee agree as
follows:
AG�N'I'
1. Grant of License_ Licensor hereby grants to Licensee a non-exclusive license to
enter upon and use the Property for the purpose of placement of stealth antenna towers, and the
running of cables from the antennas, to the leased facility equipment area. Such antennas and
cables shall be placed on the property as specifiedlux Exhibit "BTM which is ahed hereto andtivity shall be performed by ttac
incorporated herein by this reference Such ac .Licensee in
conformance with all applicable federal, state and local laws, and shall not interfere with any of
Licensor's activities on the Property,
0629-20Q3 02:19am From-WIRELESS CAPITkI
T14 245 2515
2. Condition of Property Not Warranted. Licensor does not warrant or represent that
the Property is safe, healthful or suitable for any particular use, or for any other purpose, and
Licensee agrees that its entry upon the property and activities thereon are performed at
Licensee's own risk,recognizing that the Property is in an"AS IS" condition.
3. lerm. This License shall commence upon the Effective
termination of the Site
ue
thereafter until terminated s�bitt' to the provisions governing
Agreement Lease attached a
4_ Insurance!Indemnity, Licensor and Licenses incorporate herein by this ref
crc�nce
the indemnity provision found in Paragraph 14, and the insurance provision found in Paragraph
17,of Exhibit"A,"as though both are fully set forth herein.
5 A gement. Licensee shall not assign or transfer this License Agreement without
the prior written consent of Licensor, which consent will of be unreasonably
nun s p oo ablwithheld.consent,such
event Licensee attempts any assignment or transfer
action shall be null and void, and this Agreement shall immediately be subject to termination at
t]-1e option of Licensor.
6. Entire Agreement. This License Agreement embodies the entire understandingor oral,
the Parties hereto, and there are no further or other agreements or understandings,
in effect between the Parties relating to the praat of this revocable license.
7. A.ttoMeys Fees. In the event any legal action is commenced to enforce or
revailing party m such action
interpret the terms or conditions of this License sts and other reli�ireasonable attorneys fetes.
shall be entitled to recover m addition
8. . This license Agreement shall be governed by and construed in
accordance with the laws of the State of California.
[SIGNATURE PACE FOLLOWS]
r
IRS I
x 09-29-2003 02:20pn From-WIRELESS CAPITAL
714 245 2515 T-281 P.016/018 F-873
ri
below. In witness whereof the parties have executed this Agreement as of the dates indicated
CITY OF REDLANDS, 'Licensor
Mayor bate:
ATTEST:
City Clerk
Licensee
PACIFIC BELL WIRELESS,LLC,
A NEVADA LIMIT D LIA.BILITy COMPANY,
d/b/a CINGULAR WIRELESS
By: GSM Facilities,LLC,
its sole member
By: Cingular Wireless LLC,
its agent
By:
Charles Vranek
Title: Vice President,Special Projects/Real Estate
Date:
MOO
�� T14 245 2515 T-281 P.017/018 F8T3
09-29-2003 0?:20am Fron-WIREIESS CAPI7�IL
ExHmrr „F"
NTMOg_, OF LEASE
ed as of November 1, 2002,is between
This Memorandum of
Lease ("Memorandum") dated
and pacific Bell 'Wireless, LLC, a
City of Redlands, a municipal corporation ("Landlord"),
Nevada limited liability company, d/b/a Cingular Wireless("TeIIant")•
RF UALS
WREREAS, Landlord and 'Tenant have executed that certain Wireless
enn s cSert�ain p ce ]Facility
Land Lease Agreement ("Lease") dated as of November 19, 200 t c €
-one 721 square feet (the "Site") situated on a portion of
consisting of seven hundred twenty ( )o San Bernardino,State of Califoruia,which real
that certain real property located in the County „ respectively,
prop�y and Site are more particularly described in Exhibit "A" and Exhibit `l3,
attached hereto and incorporated herein by this reference,and
WHEREAS, Landlord and Tenant desire to record notice of the Lease in the Official
gecords of San Bernardino County, California.
NOW, THEREFORE, in consideration of the foregoing, Landlord and Tenant hey eby
declare as follows:
l as leased the Site to Tenant(together with access rights), and
D� Landlord In
Tenant has hired the Site from Landlord, subject to the terms, covenants, and
conditions contained in the Lease.
2. Expiration Date. The term of the Lease("Term',)is scheduled to commence on or
before November 2002 and shall expire five (5) years thereafter, subject to
Tenant's option to extend the Term pursuant to Section 2 of the Lease for three(3)
each-additional terms of five(5)years
This Memorandum is solely for the purpose of giving
of the
constructive notice of the Lease- In the event the Lease halic ontrol.the terms
Lease and this Memorauduru,the teems o
[SIGNATURE PAGE FOLLOWS]
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T14 245 1515 T-281 P.018/018 F-873
IN WITNESS WHEREOF, Landlord and Tenant have executed this Memorandum of
lease as of the date and year first written above.
CITY OF REDLANDS,Landlord
Date:
ate:
ATTEST:
City CIerk
Tenant
PACIFIC BELL WMELEsS,LLC,
A NEVADA LDOrM LLABR ITy COMPANY,
d/b/a CINCTT,TF.AR VJ7P-FLESS
Dy: GSM Facilities,LLC,
its sole member
By: Cingnlar wirelecc T I.C,
its agent
By.
Charles Vmnek
Title; Vice President,Special Prnjects/Real Estate
DaW
ti �
}CHIBIT
TO PURCHASE AND SALE OF[EASE
TENANT NOTIFICATION LETTER
[Tenant Name &Address]
p ,
Re: Leased Telecommunications Site Pro erty: Tower ID # Site� Lease
Name: , located at
dated as of , as amended(the"Lease"), WCP #
Effective as of , all rights of the undersigned in and to the Lease were sold
and assigned by the undersigned to Wireless Capital Partners, LLC
«WCp"). 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� Landlord under ayments in the Lease should be made payable
pect of real property taxes and
assessments, any amounts payable by you
to "Wireless Capital Partners, LLC", sub_vexed to ect to any further WCP at Dept #2732, Los
Ange Anghereafter
eles, forma
receive from WCP, and should be deli
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.
[LANDLORD SIGNATURE]
Novanber 13,2003 9
e
WCP"7096
e
scar
a
X fl3 rr C
IQ EUR 14A qE AND SALE OF I EASE
Tenant Name: Pacific Bell Wireless, LLC d/b/a Cin lar Wireless
less
Tenant Address: c/o Cingular Wireless, Mail Code GAN02, Attn: Network Real Est;
Administration, 6100 Atlantic Blvd., Norcross, GA 30071
Expiration Date: December 19, 2022 (including options to extend)
Tenant's Option or Current term expires on 12/19/07, with three (3) options to extend of five (.
Renewal Rights: years each.
Current Annual Rent $25,000.00
Payment:
Adjustment or Rent will be increased every five 5
) years Recalculation of Annual Commencement Date by fifteen n percent (15/) on the anniversaryof th
Rent Payment:
Security Deposit: -0-
Preliminary
0_Preliminary Title An Ownership and Encumbrances Report was ordered from Land America.
Report:
November 13,2003 1
WCP#47096
S
EXHIBIT
TO PURCHASE AND SALE OF LEASE
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
WIRELESS CAPITAL PARTNERS, LLC
2800 28`h Street, Suite 100
Santa Monica, California 90405
Attn: Steven M. Wheelon
MEMORANDUM OF PURCHASE AND SALE OF EASEMENT AND LEASE
AND SUCCESSOR LEASE
This Memorandum of Purchase and Sale of Easement and Lease and Successor
Lease (this "Mem)randum") is made as of between ________
"Landlord"), and
WIRELESS CAPITAL PARTNERS, LLC, a Delaware limited liability company("WCP")-
A. Landlord and WCP are parties to a Purchase and Sale of Easement, Lease
and Successor Lease dated on or about the date hereof(the "A 9e� ement"), 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 "Lease") 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 easement granted therein.
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 theP urpose of inspecting, 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 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 terms and subject to the conditions set forth in the Agreement. The successor
1 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 under the Lease.
Novemba 13.2003 11
WCP M47096
ra
ONE
W
The terms and conditions of the Lease and the Agreement are hereby incorporated
herein by reference as if set forth herein in full.
maintained by WCP at the address of WCP above Codies of the are availableLease and the Agreement are
request. This Memorandum has been duly executed by the undersigned interested
o f pies upon
written above. the date first
Landlord:
By:
Name:
Its:
WCP:
WIRELESS CAPITAL PARTNERS, LLC
By:
Name:
Its:
[NOTE: ALL SIGNATURES MUST BE PROPERLY NOTARIZED]
Navartba 13,2003
WCP#470% 12
r
SCHEDULE A
LEGAL DESCRIPTION
AND
LEASE DESCRIPTION
13
November 13,2003
VVCP 0$47096