HomeMy WebLinkAboutContracts & Agreements_43-2008_CCv0001.pdf Siteftl: IE341213C
Site Name: Hillside Memorial Park
WIRELESS SERVICE FACILITY
LAND LEASE AGREEMENT
This Land Lease Agreement ("Lease") is made and entered into this I" day of
April, 2008 ("Effective Date") by and between the City of Redlands, a municipal
corporation ("Landlord") and Oninipoint Communications Inc., a subsidiary of T-Mobile
USA Inc., a Delaware corporation with its principal place of business at 3 Imperial
Promenade, #I 100, Santa Ana, CA. 92707 (hereinafter referred to as "Tenant") Landlord
and Tenant are individually referred to herein as a "Party," and collectively as the
"Parties."
PREAMBLE
A. Landlord, for and in consideration of the rent to be paid by Tenant
and for the covenants and provisions to be kept and performed by
Tenant under this Lease, hereby leases to Tenant for Tenant's sole
use, and the Tenant agrees to lease from Landlord an approximately
four hundred and forty-eight (448) square foot portion (the "Site") of
Landlord's property (the "Property") located at 1540 Alessandro
Road (APN 0175-161-03, 0175-261-07, & 0175-261-03), Redlands,
California 92373, as more particularly described in Exhibit "A"
attached hereto. A copy of the plan of development of the Site to be
leased by Tenant pursuant to the Lease is attached hereto as Exhibit
g4B."
B. The Site is to be used for an antenna support< structure and
communication equipment for a personal communications Wireless
Service Facility ("WSF"), using stealth treatment, as required
pursuant to the Redlands Municipal Code.
AGREEMENT
Section 1. Intent of Pat-ties. It is the intent of the Parties that Tenant will
develop on the Property a WSF on the Site, as defined herein, by using stealth treatment,
as required pursuant to the Redlands Municipal Code. Tenant shall apply for and obtain
from. Landlord a Conditional Use Pertnit ("CUP") from the City, pursuant to Redlands
Municipal Code Chapter 18.178, "Wireless Service Facilities," as well as a Building
Permit as a precondition to construction of the WSF.
Section 2. Site Change. If, after the execution hereof, Tenant and Landlord
desire to change the location of the Site on the Property, said change in Site location may
be made only upon the mutual written consent of the Parties', in which event filial
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approval of the new Site location within the Property shall be made by Tenant and
Landlord's City Manager (with concurrence of the City Attorney). Any such agreed upon
new Site location on the Property shall be evidenced by a written Memorandum of
Understanding between the Parties as to the change in Site; location and by amended
Exhibits `�A" and.. "B", all of which are to be attached to the Lease. No other agreement or
formal amendment to this Lease in connection with such change in Site location shall be
necessary.
Section 3. Term.
A. Pre-CUP
Tenant hereby agrees to lease the Site from Landlord for the rent of One
Thousand Two Hundred Dollars ($1,200.00) per year payable within forty-five (4 ) days
of the Effective Date of this Lease. Prior to;the approval of the CUP, the "Term" of this
Lease shall mean the period beginning on the Effective Date of this Lease and ending on
the date on which the CUP is approved. Upon approval of the CUP, the "Term." of this:
Lease skull automatically convert to that described;in Section (B) below.
(1) If Tenant fails to receive approval of a CUP from Landlord, or (2) if
Tenant fails to make application for a CUP within six (G) months of the Effective Date of
this Lease, this Lease shall immediately terminate with no liability or responsibility by
either Landlord or Tenant as to the ether.
B, Post-CUP Approval
Upon approval of the CUP for Tenant's development of the Site, the
"Term" of this Lease shall mean the five-year period beginning on the date of approval of
the CUP`("Commencement Date"), as may be extended in accordance with the terms of
this Section (B). Starting on the Commencement Date, Tenant shall pay rent in, the
amount of One Thousand aline Hundred Ninety-Nine 00/100 Dollars ($1,999.00) per
month. On the anniversary of the Commencement Date, Dent shall increase to Two
Thousand One Hundred and 00/100 Dollars ($2,100.00) per month and shall remain the
same for the rest of the Term. On the Commencement Date, Tenant shall pay prorated
rent: for the month in which the Commencement Date occurs, based on the number of
days remaining until the end of the month. Thereafter, Tenant shall pay rent on the first
day of each month until the expiration or earlier termination of this Lease. Rent shall be
paid to the City of Redlands or to such other person as Landlord may, from time to time
designate by written notice delivered to Tenant. The Term (post-CUP) of this Lease shall
be automatically extended. for four (4) additional five (5) year terms (each a "Renewal
Term") unless; (a) either Party provides, at leash six ( ) months prior to the end of the
then-current term, written notice to the other of its intent to terminate this Lease or (b '
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this Lease is tenninatedas otherwise provided for herein. Rent shall be increased at the
commencement of each Renewal Term by Eighteen Percent (1,8%) of the rent in effect
for the previous Term or Renewal Term.
Section 4. Use of Site. Subject to the conditions set forth in Conditional Use
Permit No. attached hereto and incorporated herein by reference as Exhibit "Cl'
(or to be attached upon procurement of the CUP), during the Tenn of this Lease, the Site
shall be used by Tenant for the '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 for ingress and egress to and from the Property and access to the
Site, for any utilities to reach the Property and for Tenant. access to the Site, as shown on
Exhibit, "B." Tenant shall have access to the Site twenty-four (24) hours per day, seven
days per week. Tenant shall use the Site in a manner which shall not unreasonably
disturb Landlord's occupancy and use of the Property, Landlord's other existing Tenants,
or visitors to the Property.
Section 5. As Is Condition Except as otherwise expressly stated herein, Tenant
is leasing the Site in "AS IS" 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.
Section 6. Title and Quiet Possession. Landlord represents and agrees that: (a)
it is the owner of the Site; (b) it has the right to enter into this Lease; (c) the person
signing this Lease has the authority to sign on behalf of Landlord; and (d) Tenant is
entitled to access to and use of the Site as provided herein throughout the Term of this
Lease, as may be extended. Notwithstanding the foregoing, in the event 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 as are required to protect individuals or personal property from such substantial
barn or damage; provided, however, that promptly and no longer than forty-eight (48)
hours after Landlord's entry onto the Site, Landlord shall give Tenant telephonic and
written notice of Landlord's entry onto the Site, Landlord covenants that, so long as
Tenant timely pays the rent and per-forms its covenants under this Lease, Tenant shall
peaceably, and quietly have, hold and enjoy the Site.
Section 7. Assignment /Subletting. Subject to the conditions of the CUP,
Tenant may sell, assign, or transfer this Lease or sublet all or any portion of the Site at any
time without Landlord's consent to: (a) any of Tenant's partners or parent firms and
Tenant's and their affiliates and subsidiaries; (b) to any entity which acquires all or
substantially all of Tenants 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 (c) any entity which acquires or receives an interest in the
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majority of communication towers of Tenant in the market defined by the Federal
Communications Commission in which the Property is located. Upon such assignment,
Tenant shall be relieved of all liabilities and obligations hereunder and Landlord shall'
look solely to the assignee for performance under this Lease and all obligations
hereunder'.
Additionally, Tenant may, upon notice to Landlord, collaterally assign or grant a security
interest in this Lease;and the WSF, and may assign this Lease and the Antenna Facilities
to any mortgagees or holders of security interests, including their successors or assigns
(collectively "Secured Parties"). In such event, Landlord shall execute such consent to
leasehold financing as may reasonably be required by such Secured Parties.
Except as otherwise provided in this Section 7, Tenant shall not sell, assign or transfer
this Lease or sublet all or any portion of the Site to any other party without the prior
written consent of Landlord, which consent shall not be unreasonably withheld. In the
event that Tenant attempts any assignment, sublease or transfer requiring Landlord's
consent without Landlord's prior written consent, such action shall be null and void.
Section 8. Notices. All notices shall be in writing and shall become effective
three (3) days after deposit in the United States mail, certified and postage prepaid.
Mailed notices shale be addressed as set forth below, but each party may change its
address by written notice in accordance with this Section.
Tenant: Landlord`:
T-Mobile USA, Inc; City of Redlands
12920 SE 38"' Street Municipal Utilities Department
Bellevue,WA 98006 P.O. Box 300
Attn: PCS Lease Administrator (Site Redlands, CA 92373
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With a copy to
Attn: Legal Dept.
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And with a copy to
Omnipoint Communications Inc;
A subsidiary of'T-Mobile USA Inc.
3 Imperial Promenade, l 10
Santa Ana, OA 92707
Attu: Lease Administrator Manager (Site
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With a copy to
Attn: Legal Dept.
Section 9. Improvements. Tenant may, at its sale expense, male any
improvements on the Site as permitted by the CUP Tenant may mare substitutions,
replacements, upgrades and modifications to its WSF; provided, however, that such
improvements remain within the physical prarneters of the Site and do not violate the
provisions of the CUP. Tenant shall cause the access easement to the cell tower to be
repaved within sixty (b ) days of construction of the cell tower.:
Section 10. Construction and,Operation. Tenant shall restrict construction and
noise created by the generator on the Site during in-progress funerals or interments. The
amount of none during these events, conducted at any time, should not exceed that
allowed for single-family residential districts during 10 p.m;. to 7 a.m., as required by
Redlands Municipal Code section 8.06.070.
Section 11. Compliance with Laws. Tenant shall comply with all applicable laws
relating to Tenant's operation of the WSF and to Tenant's construction of improvements
on the Site pursuant to the CUP.
Section 12. Interference. Tenant shall resolve interference problems with ether
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 date, if Tenant desires to add additional
equipment to the Site. Landlord will not permit the use of the Property or the installation
of any future equipment that results in interference problems with Tenant's then-existing
equipment, subject to the terns 'set forth herein. Landlord shall have the right to allow'
other third parva providers to install equipment on the Property (other than at Site),
provided that such new provider's use may not interfere with. Tenant's operations at the
Site. Tenant shall allow installation of equipment for use by the Landlord, or its agencies;
or departments ("New Equipment" Ildwever, prior to installation of any New
Equipment at the Property, .Landlord shall give Tenant not less than ninety 90) days
prior written notice,: which notice shall include the technical specifications of the New
Equipment proposed to be installed and its proposed location. Landlord shall use its best'
efforts to locate the New Equipment on the Property in such manner as to prevent any
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interference between the operation of Tenant's equipment and the proposed New
Equipment. If, despite such efforts by Landlord, interference cannot be avoided, Tenant
may either (1) continue this lease or (2) terminate this Lease by giving Landlord thirty
(30) days prior written notice of termination. Tenant shall pay rent on a prorated basis
until Tenant removes the TSF (except the antenna structure as Landlord has thirty (30)
days to exercise its option to purchase it pursuant to Section 13.C) from the Site.
Section 13. Utilities. Landlord grants Tenant the right to obtain electrical and
telephone service for the operation of its W and shall have the right to install, operate
and maintain such utilities in the location designated in Exhibit "B" and pursuant to the
CUP attached as Exhibit "C" (or to be attached upon the procurement of the CUP).
Tenant shall pay for all utilities it uses 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, and will, sign any license agreement or other instrument
reasonably required by the utility company and reasonably acceptable to Landlord;
provided, however, that Landlord shall not incur any cost or expense therefore unless
such costs are reimbursed therefore by Tenant.
Section 14. Termination.
A. Tenant may terminate this Lease at any time upon thirty (30) days
prior notice to Landlord without farther 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 and related to or reasonably necessary to operate the WSF system, or
any such Approvals are canceled, expire or are withdrawn or terminated; (ii) Landlord
fails to have ownership of the Site or authority to enter into this Lease; (iii) Landlord
violates or defaults on any of its obligations under this Lease or breaches any of its
representations, warranties or covenants in this Lease; or (iv) Tenant, for any reason, in
its sole discretion, determines that it will be unable to use the Site. Upon termination, all
prepaid rent shall be retained by Landlord, unless termination is pursuant to (i), (ii) or
(iii) above, in which case all prepaid rents shall be returned promptly to Tenant.
B. If Landlord, in its reasonable and sole discretion, determines that the
use of the Site by Tenant is impairing or hindering Landlord in its principle use of the
Property so that continued use by Tenant is determined not to be in Landlord's best
interest, and Landlord delivers to Tenant written notice of the impairment and provides
Tenant a reasonable period, not to exceed ninety (90) days from the date: such notice is
delivered, within which to cure said impainnent, and such impairment or hindrance is not
timely cured or Tenant informs Landlord that it is unable to cure said impairment within
such 90-day period, Landlord may, without further liability, immediately terminate this
Lease upon ten (10) days prior written notice to Tenant. Upon termination, all prepaid
rent, as prorated by use, shall be returned to Tenant, Lip to a maximum of six (6) months
of the then-current rent. Tenant shall be allowed. to remove all of its personal property,
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including its equipment, cabling and antennas, and return the Site to its pre-Lease
condition. Notwithstanding the foregoing, prior to exercising such termination right,
Landlord and Tenant shall meet and confer in good faith and use reasonable endeavors to
develop and implement solutions that may allow Tenant's use to continue upon the Site
or elsewhere upon the Property. The Landlord agrees not to terminate this lease within
the first Term of the agreement.
C. Notwithstanding the foregoing, upon expiration or termination of
this Lease and the written consent of Tenant, which such consent shall not be
unreasonably withheld, Landlord shall have the right to purchase Tenant's antenna
structure, but not any of Tenant's other communication eptent, facilities or
improvements, for the then-current fair market value of the antenna.. structure. Fair
market value shall be as agreed upon between the parties prior to Landlord's purchase. If
the parties cannot agree upon a price within thirty ( 0) days after Tenant's receipt of
Landlord's notice to exercise the option to purchase, each party shall pick an appraiser at
its own cost. These two appraisers will select a third appraiser. This appraiser's fees:
shall be shared by the parties. The final price shill be determined by the agreement of a
majority of the three appraisers. The purchase shall be made within ninety (90) days of
the determination of the final price, unless otherwise agreed by Landlord and Tenant.
Landlord shall, exercise its option to purchase by giving Tenant written notice within
thirty ( ) days after the termination or expiration of this Lease. If Landlord fails to give
notice of exercise of the option to purchase the antenna structure within said 30 days,
Landlord's purchase option shall immediately and irrevocably terminate and be of no
further force and effect, and Tenant shall remove the antenna structure as required udder
this Lease. if Landlord exercises the option to purchase the antenna .structure, upon
payment of the final price by Landlord, Tenant shall, transfer the antenna structure to
Landlord in its "AS-IS, WHERE-IS" condition, without any'representation or warranty
from Tenant, pursuant to a separate purchase agreement and Tenant shall thereafter be
relieved of any and all responsibility or liability with respect to the existence or condition
of the antenna structure. Landlord shall have the right to assign the foregoing right to
purchase the antenna: structure to another user of the antenna structure, which assignment
shall be in writing,, with a copy provided to Tenant.
D. Removal/Restoration. All portions of the WSF installed on the
Property by Tenant will be and resin Tenant's personal property and, at Tenant's
option, may be removed by Tenant at any time during the Term. Landlord agrees that no
part of the ' SF constructed, erected or placed on the Property by Tenant will become, or
be considered as being affixed to or a part of, the Property, it being the specific: intention
of the Landlord that all improvements of every bind and nature constructed, erected or
placed by Tenant on the Property will be and remain the property of the Tenant and may
be removed by Tenant at any time during; the Tette. Footings, foundations, and concrete
shall be removed to a depth of three-feet ( ') below grade. Tenant shall restore the
Property to its condition at the Effective Date of this Lease, reasonable wear and tearand
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loss by casualty or other causes beyond Tenant's control excepted. Tenant will not be
,responsible for the replacernent of any trees, shrubs, or other vegetation, nor will Tenant
be required to remove ti-orn the Property any underground utilities. Notwithstanding the
foregoing, Tenant shall, within ninety (90) days of expiration, cancellation or termination
of this Lease, or upon the lack of consent to the sale of the antenna structure to the
Landlord, remove its building(s), antenna structure(s), footings, fixtures and all personal
property and shall otherwise restore the Site to its original condition existing as of the
Effective Date, reasonable wear and tear excepted.
Section 15. Default. If either party is in default under this Lease for a period of
(a) fifteen (1 5) days following receipt of notice of default 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 of default from the lion-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 terminate
this Lease. If the non-monetary default may not reasonably be cured within a thirty (30)
day period, this Lease may not be tenninated if the defaulting party commences 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 the notice of default.
Section 16. Indemnity. Landlord and Tenant shall indemnify, defend and hold
each other harmless from any and all costs (including reasonable attorneys' fees) and
claims of liability or loss which arise out of the ownership, use and/or occupancy of the
Site by the inderrinifying party. This indemnity does not apply to the extent any claims or
losses arise from the sole negligence or intentional misconduct of the indemnified party.
The obligations under this section shall survive the expiration or terrnination of this
Lease.
Section 17. Hazardous Substances. Landlord represents that no substance,
chemical or waste (collectively, "Hazardous Substance") exists on or under the Property
including the Site, that is identified as hazardous, toxic or dangerous in any applicable
federal, state or local law or regulation. Landlord and Tenant, shall not introduce or use
any such Hazardous Substance on the Site in violation of any applicable law. Landlord
and Tenant shall each hold the other harmless and indemnify the other from, and assume
all duties, responsibility and liability at its 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
the indemnifying party's failure to comply with any environmental or industrial hygiene
law., including without limitation any regulations, guidelines, standards or policies of any
governmental authorities regulating or imposing standards of liability or standards of
conduct with regard to any environmental or industrial hygiene concerns or conditions as
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may now or at any time hereafter be in effect, except to the extent such noncompliance is>
caused by the ether party. Landlord shall hold harmless, indemnify and def=end Tenant for
all claims or losses, including all costs and expenses, relating to 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
solely by the Tenant, in which event Tenant shall hold harmless, indemnify and defend:
Landlord for all casts and expenses, including attorneys' fees for said sole negligence of
Tenant.
Section 18. Taxes. Tenant shall be responsible for real and personal property
taxes assessed directly upon the Site and arising from its use of the WSF on the Site.
Section ]q; Insurance. Tenant shall procure and maintain commercial general
liability insurance, with limits of not less than Three Pillion. Dollars ($3,000,000)
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
noxi-contributing to any insurance or self-insurance maintained by Landlord as with
respect to any liability from Tenant's negligence or intentional misconduct. Such policy
shall provide that cancellation will not occur without at least thirty ( p) days prior written
notice to Landlord. Insurance requirements shall;be reviewed by Landlord and adjusted
by Landlord, on every five-year anniversary date of this Lease, to insure that the
insurance maintained by Tenant is in amounts consistent with prudent practice for cities.
Tenant shall provide any new certificates of insurance with new limits of liability
coverage within thirty ( 0) days of notice by Landlord to Tenant. Notwithstanding
anything to contrary, such limits may be satisfied by a combination of primary and
umbrella policies. Tenant may satisfy this requirement by obtaining the appropriate
endorsement to any master policy of liability insurance Tenant may maintain.
Section 20. Maintenance. Tenant shall be responsible for repairing and
maintaining the WSF and any other improvements installed by Tenant at the Site;in a
paper operating and safe condition, provided, however, if any such repair or
maintenance is required due to acts of Landlord, its agents or employees, Landlord shall
reimburse Tenant for the reasonable costs incurred by Tenant to restore the damaged
areas to the condition which existed immediately prior thereto. Landlord will maintain
and repair all other portions of the Property of which the Site is a part in a paper
operating and reasonably safe condition.
Section 21. Possessory interest, In accordance with California revenue and Tax
Code Section 10 .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
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from and against any and all claims or actions for payment (or nonpayment) of such
taxes.
Section 22, 'Miscellaneous.
A. This Lease applies to and binds the successors and assigns of the Parties
to this Lease;
B. This Lease shall be governed by and construed in accordance with the
laws of the State of California;
C. This Lease (including the Exhibits) constitutes the entire agreement of
the Parties as to the subject matter hereof, and supersedes all prior written and
verbal agreements, representations, promises and understandings between the
Parties. Any amendments to this Lease shall, be in writing and executed by the
Parties;
D. If any provision of this Lease is determined by a court of competent
jurisdiction invalid or unenforceable, to 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 unless such
invalidity or unenforceability materially affects the purpose and reasons of the
Parties for entering into this Lease; and
E, In the event any action is commenced to enforce or interpret any of the
terms or conditions of this Agreement the prevailing Party shall, in addition to
costs and any other relief, be entitled to recovery of its reasonable attorneys' fees,
including fees for in-house counsel of the Parties at rates prevailing in San
Bernardino County, California.
Section 23. Recordation. Inentering 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"ASF
Site Agreement (Exhibit "D"), which shall be recorded by Tenant in the official records
of the County of San Bernardino. Said Memorandum shallbe recorded prior to
commencement of construction. The cost of the recording of this Memorandum shall be
paid for by Tenant.
Section. 24. 'Subordination and Non-Disturbance. At Landlord's option, this
Lease shall be subordinate to any mortgage or other security interest given by Landlord
which from time to time may encumber all or part of the Property or right-of-way,
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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. Landlord and 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 ether security interest Landlord will,
immediately after this Lease is executed, obtain and furnish to Tenant a non-disturbance
agreement from for each such mortgage or other security interest in recordable form. In
the event that Landlord defaults in the payment and/or tither 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 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 25, Destruction of Site. If the Site or Property is destroyed, or damaged
so as to hinder Tenant's effective use of the Site, Lessee shall have the option to attempt
to correct the damage, in which event Landlord shall make available to Tenant within
five (5) days a temporary site on the Property (ori on other property owned or controlled
by Landlord) that is mutually agreeable to both Landlord and Tenant and suitable for
Tenant's use. Tenant may construct, operate, and maintain substitute 'Wireless Service
Facilities thereon until the original fireless Service Facilities are fully restored and
operational on: the Premises. Dent shall abate in full during any time that Tenant is
unable to operate Tireless Service Facilities on the Property. Alternatively, Tenant may
elect to terminate this Lease as of the elate of the damage or destruction by so notifying
Landlord no more than thirty ( fl) days following the date of damage or destruction.
Section 2 . Condemnation. If a conderiming authority takes all, or a portion of
the Property, which taking renders the Site unsuitable for Tenant's use, then Tenant may
tennimte this Lease as of the date when possession is delivered to the condemning
authority. In any condemnation proceeding each party shall be entitled to make a claim
against the condemning authority for just compensation. Sale of all or part of the Site to a
purchaser'with the power of eminent domain in the face of exercise of such power shall
be treated as a taking by the condemning authority.
In the event of such taking, Tenant shall be entitled to the reimbursement of any
Pent prepaid by Tenant. Landlord and Tenant shall each be entitled to pursue their own
separate awards with,respect to such taking, provided that no such award to Tenant shall
reduce any award to Landlord,
Section 27. Pre-Construction Testing, Tenant shall have the right (batt not the
obligation) at any time following the full execution of this Lease, to enter the Site for the
purposes of making necessary inspections and engineering surveys (and soil tests where
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applicable) and other reasonably necessary tests (collectively "Tests") to determine the
suitability of the Site for the WSly and. for the purpose of preparing for the construction of
the'WSF. During any Tests or pre-construction work, Tenant will have insurance as set
forth in this Lease. Tenant will notify Landlord of any proposed Test or pre-construction
work and will coordinate the scheduling of the same with Landlord. If Tenant detennines
that the Site is unsuitable for Tenant's contemplated use, then Tenant will notify
Landlord and this Lease will terminate.
IN WITNESS WHEREOF, the Parties hereto have set their hands and affixed their
seats the day and year first above written.
LANDLORD: TENANT:
City of Redlands, Omnipoint Communications Inc., a
a municipal corporation subsidiary of T-Mobile USA Inc., a
Delaware corporation.
"X1
By:
Mayor, City of Redlands By:
Name: Davinj 6"rook.
Title- Director s6 en5tneene� j opw
Dater Date: �Xc
Attest as to Mayor's signature: Attest as to signature:
C*Clerk Title:
Name:
log Date:
Date:
Tobe Leal' Apnroval By".
12
IE24123C
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W,IRC'E 1Iss '?F.R4'WC:C-1V'1LII'Y"(.A\1) 1FAYiA GREJAIf" I'.
C OM XI},\1'C' FION; 1 C SI.:I3SIDIA Ry OF
I-MC)RILI'. C"SA IN('_ A DFI, 11i AR1:''ORIIC)RAHO
I lie }teal Property situ,�t c} sr� tli City, ol,I�cdkul�I�, tour l% k ! arr ".3..rlial,? nk). st,llc (i6'C°�ilrlk r;�i,1w�r �„ �3tcI irC
the att;tc hai ent:
PARCEL A
ALL THAT REAL PROPERTY SITUATED IN THE SAID CITY OF REDLANDS, COUNTY OF
SAN BERNARDINO, STATE OF CALIFORNIA, BOUNDED AND DESCRIBED AS FOLLC7W&
COMMENCING AT A' TAKE SET MAGNETIC SOUTH 75`" :30' VVE T. 1215 FEET FROM THE
SOUTH-EAST'CORNER OF THE NORTH HALF OF SECTION 3, TOWNSHIP 2 SOUTH,
RANGE 3 WEST, SAN BERNARDINO BASE ANIS MERIDIAN'; THENCE MAGNETIC SOUTH
75:; 30' VVEST; 1183 FEET, THENCE MAGNETIC NORTH 45� 30` WEST, 430 FEET; THENCE
MAGNETIC NORTH 'I ' VVEST, BCI FEET; THENCE MAGNETIC NORTH EAST, 140
FEET; THENCE MAGNETIC SOUTH 87° <1' EAST, 403 5 10 FEET; THENCE MAGNETIC
NORTH 2& 51' VVEST, 140 2"ID FEET, THENCE MAGNETIC NORTH 53t ' EAST, 434 7/10
FEET, THENCE. MAGNETIC SOUTH 40` 17° FAST, 106 21101 FEET;,THENCE MAGNETIC;
SOUTH 28" 51' EAST; 433 91`10 FEET, THENCE MAGNETIC SOUTH 3a' 12° EAST 877 1/10
FEET TO THE POINT OF BEGINNING.
E=XCEPTING SUCH PORTIONS AS HAVE BEEN HERETOFORE SOL D TO VARIOUS
PARTIES FOR BURIAL PURPOSES:
ASSESOR'S PARCEL NUMBER 01175-181-033
PARCEL B
THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 3,TOWNSHIP 2 SOUTH,
RANGE 3 VVEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF REDLANDS, COUNTY OF
SAN BERNARDINO, STATE OF CALIFORNIA, ACCORDING TO GOVERNMENT SURVEY,
MORE PARTICULARLY DESCRIBED AS FOLLOWS
BEGINNING IN THE NORTHERLY OF SAID QUARTER SECTION 641.85 FEET EAST
OF THE NORTHWEST CORNER THEREOF, THENCE SOUTH 0" 20' EAST 242.3 FEET;
THENCE SOUTH 14' SQ' VEST 218.5 FEET; THENCE SOUTH 3&) I3" EAST 203.3 FEET';
THENCE SOUTH 20;. 33, EAST 225.25 FEE=T; THENCE SOUTH 80 '18' EAST 226.2 FEET;
THENCE NORTH 71" 4' EAST 134.8 FEET; THENCE NORTH 4` 22` EAST 347,3 FEET;;
THENCE NORTH 18" 41' EAST 155.5 FEET; THENCE SOUTH 50 28` EAST 11.13 FEET,
THENCE NORTH 28- 18' EAST 132,12 FEET; THENCE SOUTH 80' 12` EAST 42,32 FEET;
MORE OR LESS. TO CENTER OF HIGHWAY; THENCE ALONG THE CENTER OF SAID
HIGHWAY, NORTH CSO:, 22' FAST 75 FEET; THENCE NORTH 33" 5` EAST 148 FEET TO THE.
NORTH LINE OF SAID QUARTER SECTION' THENCE WEST ALONG SAID NORTH LINE
751 FEE=T, MORE OR LESS TO THE PLACE OF BEGINNING
ASSESSOR'S PARCEL NUMBER. E1"I75-281-03
r
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�::t3tis'lar�l}
PARCEL C:-
A PORTION OF THE SOUTHEAST EAST'QUARTER OF SECTION 3, TOWNSHIP 2 SOUTH,
RANGE 3 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE. COUNTY OF SAN'
B RNARDINO, STATE OF CALIFORNIA, ACCORDING TO 0-OVERNMENT SURVEY
DESCRIBED AS FOLLOWS:
COMMENCING SOUTH 6" 06' WEST 990 FEET FROM THE NORTHWEST`CORNER OF
SAID SOUTHEAST QUARTER; THENCE SOUTH 36" 4 ' EAST 172 FEET; THENCE NORTH
2`� 6' VVEST 100 FEET TO THE CENTER LINE OF SUNSET DRIVE FOR THE TRUE POINT
OF BEGINNING; THENCE NORTH 3" 21'WEST 1147 FEET;, THENCE NORTH 13" T EAST
22. 1 FEET; THENCE NORTH 13"" 2 ' WEST 711 FEET TO THE NORTH LINE OF SAID
SOUTHEAST QUARTER; THENCE;EAST ALONG SAID NORTH LINE 635.35 FEET; THENCE
SOUTH Vii" 6° EAST 212.5 FEET; THENCE SOUTH 14`' 56'WEST 215.5 FEET; THENCE
SOUTH 0`` X13' EAST 205.3 FEET; THENCE SOUTH 20" 33' EAST TO THE CENTER UNE OF
SUNSET DRIVE; THENCE WESTERLY ALONG THE CENTER LINE OF SUNSET DRIVE TO
THE. POINT OF BEGINNING EXCEPT STREET.
ASSESSOR'S PARCEL NUMBER: 0175-261-07
1
Site d; IE24123C
Site Name: Hillside Memorial lark
EXHIBIT "B"
TO
DESCRIPTION OF LEASED SITE
Page l of
Plans/drawings dated 9/20/07, Sheets Tl, AI-, A2, A3, and A4, identified with Site Name:
Hillside ide 1Memorial Park and Site dumber: IE2 t23C" describing the leased Site and
location of electrical and telephone utility routes consisting of 5 pages attached hereto. In
addition to the approximately 448 square feet depicted on the attached drawings, the Site
also includes any necessary airspace for antennas and support structures.
However, it is expressly agreed and understood by and between the Landlord and Tenant
that the exact and precise location of the Tenant's WSF are subject to review and
approval by the planning and/or zoning Boards having jurisdiction over the "Site".
Therefore, it is expressly agreed and understood by and. between Landlord and Tenant
that the precise location of the Site as shown on Exhibit "B" may be modified by the
Tenant in order to complywith and obtain necessary planning and/or zoning approvals
and any and all other approvals necessary for Tenant's intended use of the property. The
Site as described herein may therefore be modified by the Tenant to reflect the final
engineering design. An amended Exhibit "B" (if necessary) will be provided by the
Tenant and attached to the lease in place of the existing Exhibit "B", a copy of which will
be provided to the Landlord for review prior to being incorporated into the lease.
a " l)
F,
Landlord Iilitial �...
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Tenant Initials 12
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SITE NUMBER: IE24123C CITY: REDLANDS
SITE NAME: HILLSIDE MEMORIAL PARK COUNTY: SAN BERNARDINt7
SITE PE: RAWLAND JURISDICTION: CITY OF RED NDS
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Site N: IF24123C
Site I^ Hillside MeniofialPaTk
EXHIBIT "C"
TO
WIRELESS SERVICE FACILITY LAND LEASE AGREEMENT
BETWEEN THE CITY OF REDLANDS AND OMNIPOINT COMMUNICATIONS
INC., A SUBSIDIARY OF T-MOBILE USA INC., A DELAWARE CORPORATION
TENANT'S CONDITIONAL USE PERMIT
Conditional Use Pen-nit No. -- Tenant's Conditional Use Permit issued by the City
of Redlands consisting of_._pages attached hereto.
The Conditional Use Permit will be attached after this lease is signed upon issuance of
the Conditional use Pe t t e City to Tenant.
Y
Landlord Initials
V
Tenant Initials
IE24123C 16
Site#: IE24123C
Site Name: Hillside Memorial Park
EXHIBIT "D"
TO
WIRELESS SERVICE FACILITY LAND LEASE AGREEMENT
BETWEEN THE CITY OF REDLANDS AND
OMNIPOINT COMMUNICATIONS INC., A SUBSIDIARY OF T-MOBILE USA
INC., A DELAWARE CORPORATION
MEMORANDUM OF LEASE
[FOLLOWS ON NEXT PAGE]
IE24123C 17
Site#; IE24123C
Site Name: Hillside Merrori al Park:
Recording Requested By;:
When Recorded Return To
Omnipoint Communications Inc.
A subsidiary ofT-Mobile USA Inc.
3 Imperial Promenade,#1100
Santa Ana.; CA 92707
Re: Cell Site IE24123C
Cell Site Name: Hillside Memorial Park
State. California
County:San Bernardino
APN: 0175-161-03, 0175-2.61-07, & ti 175-261-t13:
Space Abow This Line For Recorder's Use Only
MEMORANDUM
F
LEASE
This Memorandum of Lease is entered into on this day of , 20Q�, by anti
between the City of Redlands, a municipal corporation ("Landlord") and Olumpoint Communications'
Inc., a subsidiary of T-]Mobile USA Inc., a Delaware corporation with its principal place of business at
Imperial Promenade, ##1100, Santa Ana, CA 92707 (hereinafter referred to as "Tenant"). Landlord and
Tenant are individually referred to herein as a"Party,"and collectively as the"Parties."
1.. Landlord and Tenant entered into a certain Lease Agreement ("Lease") on the clay o
200, for the purpose of installing, operating and maintaining a
communications facility and other improvements. All of the foregoing are set forth in the
Agreement.
2 The initial Lease term will be five (5) years ("`Initial Term") commencing on the Effective
Date of the Lease, with four(4)successive five(5)year options to renew.
The property being leased to Tenant (thc `{Property") is described in Exhibit A annexed
hereto.
4. This Memorandum of Lease is not intended to amend or modify, and shall not be deemed or
construed as amending or modifying; ;any of the terms; conditions or provisions of the
Agreement, all of which are hereby ratified and affirmed. In the event of a conflict between
the provisions of this Memorandum of Lease and the provisions of the Agreement, the
provisions of the Agreement shall`control. The Agreement shall be binding upon and inure to
the benefit of the parties and their respective heirs, successors, and assigns, subject to the
provisions of the Agreement.
1.
IE24123C
Site V: IF24I23('
Site Name: Hiltside Memorial Park
N WITNESS H REEF, the Parties have executed this Memorandum of Lease as of the day and
year first above written.
LANDLORD TENANT:
City of Redlands, Omnipoint Communications Inc., a
a municipal corporation subsidiary of T-Mobile USA Inc., a
Delaware corporation.
By
Mayor, City of Redlands By
1` are: Jon Zurnsteg
Tithe: Area Director
Date: Date:
Attest as to Mayor's signature': Attest as to signature:
City Clerk _ dame:
Title:
Date: Date-
[ACKNOWLEDGMENTS T PPE ON THE NEXT PA
2
ttv2 1 z3
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of
On a before me,
Data Hers Insert Norma and rifle c1 the Officer 5
personally appeared . w.-
_w:� _
Namefsj of-Signer(s)
who proved to rite on the basis of satisfactory evidence to
be theperson(s) whose name(s) is/are subscribedto the
within instrument and acknowledged to rite that
elshe/they executed the same in his/her/their authorized
capacity(ies),:and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
! certify under PENALTY OF PERJURY under the laws
of the Mate of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal,
Place Notary Seal AboveSignature Signature of Notary F rAbt,G
_
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment'of this form to another document,
Description of Attached Document
Title or Type of Document:
Document late. _� rn � �_ � �. _ T- Number of Pages: �w
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: Signer's Name.
Individual ,,
Individual
1] Corporate Officer—Title(s) E.]Corporate Nicer -Titlt=(s�•.... a
Partner—i",j Limited LJ General 1"l Partner—0 Limited i.;: General _
"i Attorney in Fact • '"-'Attorney in Fact �
r"I Trustee l� #€hunk herr �.:_ Trustee rop of thomb here
Guardian or Conservator tc r Guardian or Conservator
i.., ether:_. ,,� C]ther:,
Signer Is Represeriting .__ .._. i Signer Is Representing
tO PM7 Nadonat Notary d.wiocatim•9350 N Soto Ave-,PO Sm 2402-Chats wrth,CA 91313-2472•www Nafonalt*Aary oro Item*5907 Rte x�k r.Calt'Y`oi1-�w E t• -tt7fx 27
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CALIFORNIA ALL—PURPOSE ACKNOWLEDGMENT
State of California
County of-
On -._ before me
Date before
Insert Hama and Title of[he.Clfiicer s
personally appeared Narno(s)of Signer(s)
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
-
Place Notary Seal Above Signature Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons retying on the document
and could prevent fraudulent removal and reattachment of this form to another document
Description of Attached Document
Title or Type of Document: _
Document Date:. _ _ —_�_ Number of Pages:
Signer(s) Other Than Named Above: _
Capacity(ies) Claimed by Signer(s)
Signer®s Nanta_ r_.. _,. Signer's Name:
_J Individual w; Individual
Corporate Officer—Title(s): : . Corporate Officer—Title(s):
Partner—` Limited ..=General w,� �,q C Parkner� _' Limited ;_ General
;..
Attorney in Pact Iuj Attorney in Pact
Trip of thurnh heie �� Top of thunib tier~
Trustee l�Trustee �
:i Guardian or Conservator � Guardian or Conservator
Other- Other:
Signer Is Representing: Signer Is Representing:
02 071slatsonal Notary Assiciatioti-93,%De Soo Ave.,P.G[30)c 2402•CtWsnwf#,C,4 91313-2402 wnrw NatOrtglNotaryr org from#5907 Reorder:CaN Ting-Free I-SMC 876.6827:
i°.XI fill IT "A"
to tlaca \] 1T101-a1`1dLIZTI oll.casc dated t11C C`it,"taf'RCtil;aracl
a municipal corporation ("Landlord—) aarad 01maipoilli Comm ullI :atic,aaS laic" is ,ubsicliLlry
of "1 '~lc i ilc I.;` . daact.. a {7 liav�'tarc ctarpor�ation Nvida its lea aaaCi ),;11 I1IaCC 0I� bUSi11CSS att
Imperial Promenade, i. I Ift Santa Ana. CA ("Tenant").
1)1 : ('RiP"I'10N t:F 14ROT'1;;I T)"
I,Tindlcard corms certain property with an address gal` 1540 .Alcsa andro Roaad, T�ecllaticlt;.
C.atdil'Oa-a-riLa 92373 d eroiaaaalter identified as the legally described as fbllo%% s<
PARCEL A
ALL THAT REAL PROPERTY SITUATED IN THE SAID CITY OF REDLANDS, COUNTY'OF
SAN BERNARDINO, STATE OF CALIFORNIA, BOUNDED AND DESCRIBED AS FOLLOWS:
COMMENCING AT A STAKE SET MAGNETIC SOUTH 75' 30'' QUEST, 1215 FEET FROM THE
SOUTH=EAST CORNER OF THE NORTH HALF OF SECTION 3, TOWNSHIP 2 SOUTH,
RANGE 3 VVEST, SAN BERNARDINO BASE AND MER101AN THENCE MAGNETIC SOUTH
75-: 30' WEST. 1185 FEET, THENCE MAGNETIC NORTH 46' 30' VVEST, 400 FEET; THENCE
MAGNETIC NORTH 31 WEST, 640 FEET, THENCE MAGNETIC NORTH 76` EAST, 140
FEET; THENCE MAGNETIC SOUTH 87,- 21' EAST, 406 5,103 FEET, THENCE MAGNETIC
NORTH 28.1 51' O,VEST, 140 2110 FEET, THENCE MAGNETIC NORTH 60' 0' EAST, 434 7/10
FEET, THENCE MAGNETIC SOUTH 40 1 7° EAST, 1033 2110 FEET, THENCE MAGNETIC
SOUTH 28..1 51" EAST, 435 ,=10 FEET, THENCE MAGNETIC SOUTH 53' 12' EAST, 67 1/10
FEET TO THE POINT OF BEGINNING:
EXCEPTING SUCH PORTIONS AS HAVE BEEN HERETOFORE SOLD TO VARIOUS
PARTIES FOR BURIAL PURPOSES.
ASSESOR'S PARCEL NUMBER; 0175-161-03
PARCEL B;
THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 3, TOWNSHIP 2 SOUTH,
RANGE 3 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF REDLANDS, COUNTY OF
SAN BERNARDINO, STATE OF CALIFORNIA, ACCORDING TO GOVERNMENT SURVEY,
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING IN THE NORTHERLY LINE OF SAID QUARTER SECTION 647.85 FEET EAST
OF THE NORTHWEST CORNER THEREOF, THENCE SOUTH 0.: 20' EAST 242.5 FFE"T
THENCE SOUTH 14 50'VVEST 2,15.5 FEET; THENCE SOUTH 30` 43' EAST 205.3 FEET;
THENCE SOUTH 20`: 33' EAST 225.25 FEET. T HENCE SOUTH 89 13' EAST 226.2 FEET;
THENCE NORTH 71-` 4' EAST 134-8 FEET; THENCE NORTH 4 22' EAST'347.3 FEET;
THENCE NORTH .48 41' EAST 155.5 FEET: THENCE SOUTH 50.: 8' EAST 1113 FEET::
THENCE. NORTH 2& 15' EAST 132.12 FEET: THENCE SOUTH 80" 12' EAST 42.32 FEET:
MORE OR LESS,TO CENTER OF HIG1IPJAY; THENCE ALONG THE CENTER OF SAID
HIGH `AY, NORTH 00'- 22` EAST 75 FEET. THENCE (NORTH 33.. 5' EAST 148 FEETTO THE
NORTH LINE OF SAID QUARTER SECTION„ THENCE WEST ALONG SAID NORTH LINE
751 FEET, MORE OR LES? TO THE PLACE OF BEGINNING.
ASSESSOR'S PARCEL NUMBER: 0175-261-03
iF2 H ;C
sm!r fl,"241" 3i
SaoName
(continued)
PARCEL.C
A, PORTION OF THE SOUTHEAST QUARTER OF SECTION 3, TOWNSHIP 2 SOUTH,
RANGE 3 VEST, SANBERNARDINO BASE AND MERIDIAN,1N THE COUNTY OF SAN
BERNARDINO,STATE CF CALIFORNIA, ACCORDING TO GOVERNMENT SURV'EY`
DESCRIBED AS FOLLOWS:
COMMENCING SOUTH 01 06' VEST 990 FEET FROM THE NORTHWEST CORNER OF
SAID SOUTHEAST QUARTER: THENCE SOUTH 331 40` EAST 172 FEET; THENCE NORTH
21° ST 100 FEET TO THE CENTER LINE OF SUNSET DRIVE FOR THE TRUE POINT
OF BEGINNING; THENCE NORTH 13" 21'WEST 1147 FEET, THENCE. NORTH 13` 7' EAST
22,4 FEET; THENCE NORTH 13' 22`VEST 711 FEET TO THE NORTH LINE OF SAID
SOUTHEASTQUARTER; THENCE EAST ALONG SAID NORTH LINE 635.39 FEET; THENCE
SOUTH 0` ' EAST 242.5 FEET; THENCE SOUTH 140 50' WEST 215.5 FEET; THENCE
SOUTH 9' 43` EAST`20 .3 FEET; THENCE SOUTH 201 33 EAST TO THE CENTER LINE OF
SUNSET DRIVE; THENCE WESTERLY ALONG THE.CENTER LINE OF SUNSET DRIVE TO
THE. POINT OF BEGINNING, EXCEPT STREET.
ASSESSOR'S R'S PARCEL NUMBER, 0175-261.07
Site#: 1E24123C Recorded in Official Records,County o1 San Bernardino 41041 008
Site Name: Hillside eek LARRY, WALKER
4:43_PM
"
R1,
ISA$r AR Auditarleantr tier — Recorder
.Recording Requested By
R Regular tail
When Recorded Return To Doc##: 2008—0150490Titles: 1 pages. 6
Fees 0.01?
Taxes
CITY CLERK � tither
CITY Cil° R DLAND � � P—A7 $e:e0
P.O. BOX 3005
MIDLANDS CA 9237
FEES NOT REQUIRED
PER GOVERNMIENT 000E
SECTION4 6113
APN: 0175.161-03,0175-261-07, &0175-261-03
Space above This Dirac For Recorder's Use only
MEMORANDUM
OF
LEASE
This. Memorandum of Lease is entered into on this 1st day of _April 2008 , by and
Between the City of Redlands, a municipal corporation ("Landlord") and Omnipoint Comm
Inc., a subsidiary of T-1° obile USA Inc., a Delaware corporation with its principal place of business at
Imperial Promenade, #1100, Santa Ana, CA 92707 (hereinafter referred to as "Tenant"). Landlord and
Tenant are individually referred to herein as a"Party,"and collectively as the"Parties."
I. Landlord and Tenant entered into a certain Lease Agreement ("Lease") on the 1st day of
April 2008, for° the purpose of installing, operating and maintaining a
communications facility and other improvements. All of the foregoing are set-forth in the
Agreement,
1 The initial Lease terry, will be five (5) years ("initial Term") commencing on the Effective
Date of the Lease, with four( ) successive five"(5)year options to renew.
1 The property being leased to Tenant (the "Property") is described in Exhibit A annexed
hereto.
4. This Memorandum of Lease is not intended to amend or modify, and shall not be deemed or
construed as amending or modifying, any of the terms. conditions or provisions of the
Agreement, all of which are herby ratified and affirmed. In the event of a conflict between
the provisions of this Memorandum of Lease and the provisions of the Agreement, the
provisions of the Agreement shall control. The Agreement shall be binding upon and inure to
the benefit of the parties and their respective;heirs, successors, and assigns, subject to the
provisions of the Agreenrent.
IE24123C:%
Site#: JE24123C
Site Name: Hillside Memorial Park
IN WITNESS WHEREOF, the parties have kxecuted this Memorandtim of Lease as of the day and
year first above wfitten.
LANDLORD: TENANT:
City of Redlands, Omnipoint Communications Inc., a
a municipal corporation subsidiary of "-Mobile USA Inc., a
Delaware corporation.
By:
Mayor, City of Redlands By:
Name: Nnnj
4-I Max
Title: Director ot
-
Date: Date:
Attest as to Mayor's signature: Attest as to signature:
7i�--,C I—er k
Name:
L/
Title:
Date:
Date:
[ACKNOWLEDGMENTS APPEAR ON THE NEXT PAGE]
IE24123C 2
ALL-PURPOSE ACKNOWLEDGMENT
T
STATE O CAA.LII~ORNIA
CO[JNTY OF SAN BERNARDINO SS
CITY OF ICE C3LANDS }
liv the authority granted under Chapter 4 Article 3, Section l 181. of the California Civil Code, and Chapter
Division 3, Section 40814, of the C.`allfornia Gov rriniQ at Code. on Aril ? '?008., before nay, `eresa Balliu(_7 r
Assistant City Clerk; on ltehalf` of Lorric Poy/er, City Clerk of the City of Redlands, California, personally
appeared Jon Harrison, Mayor and Lorre Poy er, City Clerk who proved to arae on the basis of` satisfactory
evidence to be the person(s) whose narne(s) +s arc subscribed to the within instrument and acknowledged to me
that hethey executed the same; in �their aaut',prized capacity(les) and that by s' their signatures
on the instrument the person(s), or the entity uporr behalf ofwhich the person(s) acted, executed the instrument.
1certify°under PENALTY Y OF PERJURY Lander the laws of the Mate of California that the fore0 ging paragraph is
true and correct:
WITNESS nay hand and official seal.
13v t
°r�rtt€rata a� Teresa Ballinger, Assistant Cit Clcr(909)798-7531
--------
CAPACITY CLAIMED BY SICaNh'.F~v.(S)'
{ In(livid ual(s) signing for oneself/themselves
{ 1 Corporate Officer(s)
Title(s)
Company
l aPartner(s)
Partnership
Attorney-][n-Fact
Principal(s)
{ } rrustee(s)
Trust
l x Other
Title(s): Mayor and City Clerk
Entity Represented: City of Redlands, a municipal corporation
THIS CERTIFICATE TIFICATE M[i 'TV 1 Fi A17FA;C HE;D'TO THE DOCI.1MLNT DESCRIBED BELOW
Title or Type of Document: Memorandum of"Lease
Date of Document. April 1, 2008
Signers) Other Tlaan Named Above: C?rrauipoiut C:"ranaMUniCations late., as subsidiary o 'I'-Mobile USA Inc.,
a Delaware Corporation, by Danny Ba�ennaan Director of rigine;ertttg & Operations
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of
On �:'° �°� ,� before rne, _,—� L>�t .._...�
Hera Insert Name and Title of tfie(7tfi4er
personally appeared _
Name(s)of Signer(s)
who proved to me on the basis of satisfactory evidence to
be the person whose name*is/ ubscribed to the
within instrument and acknowledged to me that
i1T67409 ,� he/ I #t r executed the same in his/ t authorized
MANZ►r � " capacity4esT, and that by his/her/Heir signature on the
OMY CWM ENP.J*Ilk 2011 instrument the person{, or the entity upon behalf of
which the persori4octed, executed the instrument.
I certify ander PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS try ha and off' ' I seal.
Signature.
Place Notary Seal Above Signature of Notary Public
OPTIONAL
Though the information below is not required by law,it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document:
Description of Attached Document
Title or Type of[document:
(document Date:. . W � _Number dumber of
Signer(s)Other Than Named Above:
Capacity(es) Claimed by Signers?
Signer's Name: __ mti.:_ _ _ Signer's Name:
Individual EI Individual
,r--] Corporate Officer------Title(s): C�Corporate Officer—Title(s):
Partner---".l Limited C�] General t*. i gg Partner—( l Limited 0) General
_.w Attorney in Pact [ Attorney in Fact
_t Trustee i Top of 1hurnh 17€,re J Trustee
Togs eat thumb here
Guardian or Conservator f "I guardian or Conservator
Other: _ El Other: .._
g
Signer Is Representing: Signer Is Representing:
02007Nat*nWNotary A,swdation-9350DeSmoAve.,P.O.Box 2402-Chalmv "fYl,C;A91313-24()2.:www.NatonWNotRry.org lem#5907 Reorder:Call Toll-Free 1-8W-87&-6827
. I,,: V51
to the N le131o3'andla' of C.t`.asc MY Apyl 3 20US- I) :h?_, Ci nt'oI P,c dI,ii-ids
til 1i unic€1 al c(}a`ll(Da'2ation ( i111d1or ,") and ()IIimt}3licadions Inc_ ,S sllb�id?ary
oF 1 '11C)itb V.4 k Inc. ,a Jkl all.arc lijaywi':kmi midi As p3ini.`ipa Malec` lit washes' at
1Mpe6 l KnuMaadC. a. 1 1N. `011ta A111, C4
1TESC'RII'`I ION OF IIIZ )1'1;,IZTN
1.<ii1111t)t'1 t'"ns vvt'n&n pn jwo "Ah an ail.d ra's (it 1540 Alcssanu9vo Road. Redlands,
iali#i) nia 92173 hercNaRcr i,ior.tilal.`d as thc Pmp4.'I tV iegall, described as k}>l:mv
PARC,E! A:
ALL THAT REAL PROPE=RTY S!T UA€a`D 1N THE SAES} C!TY OF REDLAND S, COUNTY OF
SAN EERN,ARETINO, STATE OF CALIFORNIA BOUNDED AND DESCRIBED AS FOLLOWS:
COMMENCING AT A STAKE SET MAGNETIC; SOUTH 75 30' �NEST 1211 FEET FROM THE
SOUTHEAST CORNER OF TAE NORTH HALT= OF SEC PION 33, 1 OVVN SCSI P 2 SOUTHI,
RANGE 3 VVE ST, SAN BER;NARDINO EASE AND MER!EIW "`HENICE IVIAGNETIC,SOUTH`
75 3 `'tV ST ? 85 FEET, . HENCE f0Ar'_)NT TIC NO 3 # ,46 30' VVE) 430 FEET THENCE
MAGNETIC NORTH 31 11VEST. 640 FEE=T: `I HENCE= i'si#sAGNE T tC NORI, r 76. EAST, 140
FEET: THENCE MAGNETIC SOUTH 37" .1' EAST, 436 5,,'10 F=EET, THENCE MAGNETIC
NORTH 241 31° WEST, 141E 2t,10 f=EET, THENCE MA N°EVCC NORTH 60' 9' EAST. 4341 710
FEET, THENCE MAGNETIC SOUTH 4& 1 P EAST, 1'U6 2101 FEET, THENCE MAGNETIC
SOUTH 23` 51' EAST 4135 6,13 FEET, THENCE MAGNETIC SOUTH 533'12' EAST, 677 110
FEET TO THE POINT OF BEGINNING,
EXCEPTING SUCH PORTIONS AS HAVE BEEN HERETOFORE SOLD Tmay VARIOUS
PARTIES FOR BURIAL PURPOSES
AS SESOR'S PARCEL NUMBER: 0175-161-03
PARCEL F
]"HAT PORTION OF THE SOUIHEART QUARTER OF &ETC EON 3; TOi)VN SHIP 2 SOUTH,
RANGE 3 'NEST, SAN AERN ARE INO Ei1ER DIAN;. IN T H R CITY OF RECE.AI;IES S; COUN 7v OF
SCAN BERNARD IPSO, STATE= OF CALIF=ORNIA, ACCORDING TO CCT VErRI IN"IENlT SwJRVE'(,
MORE PART0ULARLY DESCR!BED AS
BEGINNING IN THE NC-)RTHFR1,.'1( I iNE=_OF SAIE) QUARTER SECTION 647 33 FEE=T EAST
OF-1-HE NORTHWEST CORNER THE RE C*r , :tr_tv..:E SOUTH 0 _U EAST 2415 FEET;
THENCE ,SOIU I .14 2 50' WEST EST 2'15 3 FEET:
T ENCS SOUTH 3,'Y 4F3' EAST 203 3 FEET
THENCE ENCE scni s 0 3_3' EAST 22 ., FEET�JHENCE SOUTH 891 1Z` E"iS. 2212 "=''uET
THENCE NORTH 7V I EAST 1318 FEET, THENCE NORTH 427 EAST 34T3 FET
THENCE `,4ORTH 18'41t EEA` t 1055,5 FEET: THENCE SC&TH ,Tka 23 =AT 11 13 F=ETE=_T
THENCE NORTH ` '16` EAST 13Z12 FEET:' THENCE SOUTH 80 1Z EAST 4232 FEET,
MORE OR LESS.-11"D CENTER OF 1 I, ,_$ ✓rAY
THENCE A',,-CNG,
xCN . .- CENTER OF SAI"D
HIOH'tlANORTH 07Z EAST 75
t _ _ "CN%.ENOR- 1 $7 ` mSg 148 FEET TO
H
NORTH LINE OF SAID OUA r R SECTION, 2`} E°NCE WEST ALONG FSA D EFOR ! 'r` L N
751
5PFEET, MORE,EO.YLESSTO
z H ' A C 4 OF 4J E 4.7#N N i f`0... t."..
ASSESSOR'S F'At',C EL NUMBER: 01r°G 017506403
PAC_ C-
A PORTION CF- THE SCWTHEAS7 QUARI ER 3,
RANGE- 3 1,VEST, SAN SERN;
NA",D� O BASE ANAE
D " R31AKIN THE COUNTYOF S6-4,N'
BERNARDAICI STATE Of: CAUFORNIA, ACTIORIANG -','C GOVERNNlENT SURVEY'
D E SC R I D E D A S F 0 L,.,-C,`v'Nf S,:
COrvW,,,,,lENClNG SOUTH 0CU WEST 990 FEET F,-�O`v' T�-i.-E NORTH"AJEST CrY-ONEER OF
SAID THENCE SOU-7,"H 36) W EAS7 172 FEET THENCE NORT."
? & 100, F-EET TO W C-Ei","E'R ,E. OF SANSE- DRIVE FOR THE I Ru-,E POIN-7,"
OF BEG�NNI NIG: TiHE NCE-, N,ORTH 13 21' WEST 1107 FEET� THENCE �`,iOiR-H, 13- 7' EAST
22,4 FEET THENCE NORTH 13: 22--kNEST 711 FEET TO THE NORTH L!NE OF SAID
SOUTHEAST QUARTER; THENCE EAST ALONG '-AID NORTH UNE 63&35 FEED 1TANCE
SOUTH 0" 2U EAST2415 FEET: THENCE SO'LYT H 14' tvEST 215 5 FEET: THENCE
SOUTH �C' 43EAST 205 3 FEETi THENCE SO(J-.'H 20` 339 EAST 1-0 THE CENT ER LINE OF
S UNSET DRIVE; THE NCE WESTERLY ALONG 1 HE CENTER ,.:NE OF SU NSET DRIVE -11-0
THE POINT OF BEGINNING. EXCEPT STREE7
ASSESSOR'S PARCEL NUMBER: 017`5-261-07
J,
NIP
L 1,17.......