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HomeMy WebLinkAboutContracts & Agreements_94A-2001ORIGINAL PCS SITE AGREEMENT Page 1 of 4 Site Name: Helen Court Water Tank 1. Property and Use. A. The City of Redlands ("Owner") is the owner of the real property and improvements described in Exhibit "A" (the "Property") and hereby leases to Cox PCS Assets, L.L.C., a Delaware limited liability company ("Cox"), a portion of the Property as described in Exhibit "A" herein referred to as the "Site" which consists of; (i) approximately 667 square feet upon which Cox will construct its equipment base station; (ii) ground space for installation of antenna poles and (iii) ground space for cable runs to connect the equipment and antenna poles in the locations on the Property described in the plans marked as Exhibit "B" attached hereto, and pursuant to the terms and conditions of Conditional Use Permit ("CUP") No. 728 attached hereto as Exhibit C., B. The Site shall be used by Cox, subject to the conditions set forth in CUP No, 728, for the sole purpose of installing, removing, replacing, maintaining, modifying and operating, at its expense, a personal communications service system facility ("PCS"), including, without limitation, related antennas, equipment, back- up power sources (including generators and fuel storage tanks), cable, wiring and fixtures and, if applicable, an antenna structure. Owner hereby grants Cox an easement for ingress to and egress from the Property and access to Cox's Site and improvements located on the Property as shown on Exhibit B and Cox shall have access to the Site twenty-four (24) hours per day, seven (7) days per week. Cox shall use the Site in a manner which shall not unreasonably disturb the occupancy of Owner's other tenants, or Owner's use of the Property. C. In construction and use of the Site by Cox, Cox shall rerrlove no trees that are present on the Property at the time Cox takes possession of the Slte. Violation of this provision shall be grounds for immediate termination of the lease by Owner at the Owner's sole discretion. Owner shall be entitled to immediate possession of the Site and retention of all prepaid rent as liquidated damages for violation of this Section. D. Cox is leasing the Site in "AS -IS" condition and Owner does not represent that the Site is suitable for Cox's intended use. Cox is responsible to undertake such due diligence as it deems necessary to determine the condition and suitability of the Site, G4CLIE:N7SUSB%SPRI T•Southern C:allRxnigSan(3errardir4SR-35-XCUR1 June 14, 2001 Site 1.0. No.: SB-35-XC-081(0) 2. Terns. The term of this Agreement (the "Initial Term") is twenty (20) years, commencing on the date ("Commencement Date") both Cox and Owner have executed this Agreement. 3. Rent. Rent shall be in the amount of Twenty -Five Thousand Dollars ($25,000.00 per year, for each year during the term of this Agreement. Rent will be increased every five years on the anniversary of the Commencement Date by fifteen percent (15%). 4. Title and Owlet Possessions. Owner represents and agrees (a) that it is the Owner of the Site; (b) that it has the right to enter into this Agreement; (c) that the person signing this Agreement has the authority to sign; (d) that Cox is entitled to access and use of the Site as provided herein throughout the term of this Agreement. Notwithstanding the forgoing, in the event of any situation which poses an immediate threat of substantial harm or damage to persons and/or property and which requires entry on the Site by Owner, Owner may enter the Site and take such actions as are required to protect individuals or personal property from such substantial harm or damage; provided that promptly after such entry into the Site (in no event later than forty-eight (48) hours), Owner gives telephonic and written notice to Cox of Owner's entry onto the Site. 5. Assignment/Subletting. Cox shall not assign or transfer this Agreement or sublet all or any portion of the Site without the prior written consent of Owner, which consent will not be unreasonably withheld. In the event Cox attempts any assignment or transfer without the Owner's prior written consent, such action shall be null and void, and this Agreement shall immediately be subject to termination at the option of Owner. 6. Notices. All notices shall be in writing and are effective three days after deposited in the U.S, mail, certified and postage prepaid, or the next business day when sent via overnight delivery. Notices to Cox are to be sent to 4683 Chabot Drive, Suite 100, Pleasanton, CA 94588 with a copy to Sprint Law Department, 6391 Sprint Parkway, Mailstop: KSOPHTO1O1-Z2020, Overland Park, Kansas 66251-2020, Attention: Sprint PCS Real Estate Attorney. Notices to Owner shall be sent to the address shown underneath Owner's signature. 7. improvements. Cox may, at its expense, make any improvements on the Site permitted pursuant to CUP No. 728, PCS SITE AGREEMENT Page 2 of 4 Site Name: Helen Court Water Tank 8. Compliance with Law. Cox shall comply with all applicable laws relating to Cox's operation of the PCS and the improvements constructed by Cox at the Site. 9. Interference. Cox shall resolve technical interference problems with other equipment located at the Site at the time of its entry onto the Site or with any equipment that Cox attaches to the Site at any future date if Cox desires to add additional equipment to the Site. Owner will not permit the installation of any future equipment which results in technical interference problems with Cox's then existing equipment, subject to the tell its set forth in this paragraph 9. Owner shall have the right to have installed equipment by any other provider that City allows on the Helen Court Water Tank site, except that this new provider's use cannot interfere with Cox's operation at the Site. Cox shall allow the installation of equipment for use by the City of Redlands or its agencies or departments ("New Equipment") and Cox shall have the obligation to resolve any interference resulting therefrom. However, prior to installation of any New Equipment at the Property, Owner will give Cox 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, Thereafter, Owner will use its best efforts to locate the New Equipment on the Property in a manner so that no interference will result between the operation of Cox's equipment and the proposed New Equipment. If, despite all reasonable efforts, interference between the City Equipment and Cox's equipment cannot be avoided, then Owner may terminate this Agreement by giving Cox thirty (30) days written notice of termination. Rent will continue until Cox vacates the Site, and will be prorated. 10. I.Jtilitim Owner grants Cox the right to obtain telephone and electrical service for the operation of its PCS in the locations designated on Exhibit B and CUP 728. Cox shall pay for all utilities used by it at the Site. Owner will cooperate, to the extent allowed by law, with Cox in Cox's efforts to obtain utilities from any location provided by Owner or the servicing utility, including signing any license agreement or other instrument reasonably required by the utility company, provided Owner incurs no cost or expense therefore, 11. Termination. A. Cox may terminate this Agreement at any time by sixty (60) days prior notice to Owner without further liability if(i) Cox does not obtain all permits, consents. easements, Site I,D, No.: SB-35-XC-051MTI non -disturbance agreements or other approvals (collectively, "approvals") reasonably desired by Cox or required from any governmental authority or any third party related to or reasonably necessary to operate the PCS system, or if any such approvals are canceled, expire or are withdrawn or terminated, or (ii) if Owner fails to have ownership of the Site or authority to enter into this Agreement, or (iii) if Cox, for any other reason, in its sole discretion, determines that it will be unable to use the Site. Upon termination, all prepaid rent shall be retained by Owner, unless termination is pursuant to (ii) above or a result of Owner's default. If, after the commencement of full rent under this Agreement, Cox terminates this Agreement pursuant to Section (iii) above, Cox will pay Owner a termination fee equal to six (6) months of the then current annual rent. 11B. If Cox violates any term or condition of CUP No. 728 or of this Agreement. or if Owner, in its sole discretion, determines the use of the Site by Cox is impairing or hindering Owner in any manner so that continued use by Cox is determined not to be in the Owner's best Interest, and after notice and a reasonable time not to exceed thirty (30) days to cure said impairment or hindrance , and at the sole discretion of Owner, Owner determines that Cox is unable to cure said impairment or hindrance, Owner may, without further liability, immediately terminate this Agreement by written notice to Cox. Upon termination, all prepaid rent, as prorated by use, shall be returned to Cox, up to a maximum of six months of the annual rent. Cox shall be allowed to remove all of its personal property, including its equipment, cabling and antennas, and return the Site to its pre -agreement condition. 12. Default. If either party is in default under this Agreement 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 terminate this Agreement. If the non -monetary default may not reasonably be cured within a thirty (30) day period, this Agreement may not be terminated 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. GACLIENTS \JSB'SPRIts111,Couchern (..ailforreaSan Dereaniith613-35- XC, 081 (BYPCS Site Agreernent,i'lnal.upd lune 14, 21).01 PCS SITE AGREEMENT Page 3 of 4 Site Name: Helen Court Water Tank 13. Indemnity. Owner and Cox each shall indemnify, defend and hold each other harmless from any and all costs (including reasonable attorneysfees) and claims 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 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 Agreement. 14. Hazardous Substances. Owner represents that it has no knowledge of any substance, chemical or waste (collectively, "substance") on or under the Site or Property that is identified as hazardous, toxic or dangerous in any applicable federal, state or local law or regulation. Cox shall not introduce or use any such substance on the Site in violation of any applicable law. 15. Taxes. Cox shall be responsible for payment of all real and personal property taxes assessed directly upon the Property and arising from its use of the PCS on the Site. 16. Insurance. Cox shall procure and maintain commercial general liability insurance, with limits of not less than One Million Dollars ($1.000,000) combined single limit per occurrence for bodily injury and property damage liability, with a certificate of insurance to be furnished to Owner prior to Cox's occupancy of the Site. Owner shall be named an additional insured under the insurance policies required of Cox, and such insurance shall be primary with respect to Owner and non-contributing to any insurance or self-insurance maintained by Owner. Such policy shall provide that cancellation or modification will nut occur without at least forty-five (45) days prior written notice to Owner. 17. Maintenance. Cox shall be responsible for repairing and maintaining the PCS and any other improvements installed by Cox at the Site in a proper operating and reasonably safe condition; provided, however, if any such repair or maintenance is required due to acts of Owner, its agents or employees, Owner shall reimburse Cox for the reasonable costs incurred by Cox to restore the damaged areas to the condition which existed immediately prior thereto. Owner 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, It Possessory Interest. In accordance with California Revenue and Tax Code Section 107.6. Owner hereby notifies Cox that the Site I.D. SB-35-XC-081(B) interest created by this Agreement may be subject to property taxation and Cox may be subject to the payment of a property/possessory interest tax levied on such interest. Cox shall be solely responsible for the payment of such taxes and shall defend, indemnify and hold Owner harmless from and against any and all claims or actions for payment (or nonpayment) of such taxes. 19. Miscellaneous. (a) This Agreement applies to and binds the successors, and assigns of the parties to this Agreement: (b) This Agreement is governed by the laws of the State of California; (c) This Agreement (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 Agreement must be in writing and executed by both parties: (d) If any provision of this Agreement is invalid or unenforceable with respect to any party, the remainder of this Agreement 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 Agreement will be valid and enforceable to the fullest extent permitted by law; and (e) The prevailing party in any action or proceeding in court to enforce or interpret the terms or conditions of this Agreement is entitled to receive its reasonable attorneys' fees and other reasonable costs and expenses from the non - prevailing party. 20. ft cordation In entering into this Agreement, Cox and Owner 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 Cox have actual and constructive notice of Cox's obligations under and the benefits and burdens of, this Agreement. Therefore, the Parties agree to execute a memorandum of PCS Site Agreement (Exhibit "D"), which shall be recorded in the official records of the County of San Bernardino, Said Memorandum shall be recorded prior to and a conduit of obtaining approval of and recording of all building permits. Costs of the recording of this memorandum shall be paid for by Cox. The following Exhibits are attached to and made a part of this Agreement: Exhibits A, B. C and D. G.`CLIENTSUSWSPRINTSouthern Caiifornin,San tirriaallnotSB-35-XC-08 I (13.1PCS 5Ite Agreernent.Final.wpd June. 14, ZOO! SIGNATURES FOLLOW ON PAGE 4 Site Name : Helen Court Water Tank OWNER: CITY OF F= EDLAN 3S a C ' cirnia municipal corporation By: Print Name: Pat Gilbreath Mayor PCS SITE AGREEMENT Page 4 of 4 S.S.rrax No,: Address for Notice and Rent: Post Office Box 3005 I nds ' ornia 9237 Phone: (909) 793-2661 Dated Sept. 19 , 2001 COX PCS ASSETS, L.L.C. a Delaware limit 1 1iabili c ItsRegional Director of Site Development Dated: George Ghantous 2001 CtcvarxLfiarY k3errrei ite Agtrem Attest: 54C-O 1 EXHIBIT A to PCS SITE AGREEMENT DESCRIPTION OF OWINEWS PROPERTY 8L DESCRIPTION OF PROPERTY LEASED TO COX Site Name: Helen Street Water Tank Site I.D, 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 Government 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, described as follows: Beginning at a point on the West line of said Section 7, being South I' 09' East 1,880.00 feet from the Northwest corner of said Section 7; thence from this point of beginning along said West line of said Section 7, South 1* 09' East 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 Government 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, 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 Government 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 corner of said portion; thence perpendicular to said line SOO*47'45"E 33.75 feet to the point of termination. Owner Initials Cox Initials EXHIBIT B to PCS SITE AGREEMENT DESCRIPTION OF COX'S SI I E Site Name: Helen Court Water Tank Site I.D. 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Dt*1 StOaraSt fa rat W IIl 3N0 POW a 1Mr1l' 115*1 501774t IS50 RUT W A POIT ON 1E SOAR UK CO 1i 0010307 31 1 [A55 AKA SM POT at7Q f!Y DE POrt Or lOommlat Pl lirr - a of Sao 9tmo l; LEMMA 0t 907111 m AS 70 rttlall( AT aE WOWS Cr of ➢sa1si731 rare 1115 AEA rroatta mw- vraer mono ISaa+ +a ,1 Ra i515 5 ala a0P, Lesend 10070170 unorro Mar TAAq Mat Callas CAE KO NDYrc 355* eo, 1 •esirt ma TAT a5-0" 4 31r-A' r at, Sr.1 t EXHIBIT C to PCS SI I E AGREEMENT CONDITIONAL USE PERMIT NO. 728 SB XC [Conditional Use Permit Issued by City of Redlands Attached Consisting of 3 Pages] Owner Initia Cox Initials COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION ONDITiONS OF APPROVAL AND DEVELOPMENT INFORMATION FOR CONDITIONAL USE PERMIT NO, 728 Date of Preparation: March 7 2001 Planning Commission Date. March 13, 2001 Applicant. Sprint PCS Location: Southwest of Helen Court The following items are information for the applicant to be aware of during the development process: ! The issuance of any permits shall comply Code, ons of the Redlands Municipal Unless construction has commenced pursuant to a building permit. or a time extension is granted in accordance with Code, this application shall expire on March 13, 2003. The proposed project is for the installation of four (4) twenty-five (25) foot cellular towers with two (2) antennas on each pole for a wireless telecommunication facility. The proposed cellular facility is located on a parcel that is approximately one (1) acre in size and contains a city water tank. The cellular facility includes six (6) ancillary equipment cabinets that would be contained within an six (6) foot high chain link fence except as noted below located In the northeast portion of the site. The proposed cellular tower would be provided with a stealth treatment in the form of a lollipop design. CONDITIONS OF APPROVAL All plans submitted to the City shall reflect all elements of the Planning Commission approval and any other changes required by the Commission and/or staff. This condition applies to site plans, landscape plans, elevations, grading, and all other illustrations, text, or plans submitted to the City in connection with the project. All utilities shall be placed underground. Plans shall be submitted that detail the undergrounding of all on -site utilities, subject to review and approval by the Community Development Director, prior to issuance of building permits. Ground mounted equipment shall be screened from public view on all sides subject to review and approval by the Community Development Director, prior to issuance of building permits. Multiple electrical meters shall be fully enclosed and incorporated architectural design of the building(s). The location and method e overall sure or screening of this equipment shall be shown on the final working drawings prior to building permit issuance. Location of said equipment shall be coordinated with appropriate utility company (i.e , Southern ,California Gas Company or Southern California Edison Company) The applicant shall submit plans showing details of screening subject to review and approval by the Community Development Director, prior to issuance of building permits. The project site shall be kept in a weed and dus of development, ee condition throughout s Noise producing equipment shall be acoustically insulated to prevent impacts cn adjacent residential uses antsfor sensitive receptors. The location of such equipment shall be shown on the site plan and shall be subject to review and approval by the Community Development Director, prior to issuance of building permits. The plans should also detail any noise reduction measures taken. Exterior fire and/or mechanical equipment shall be appropriately screened or painted to match the freeway sign color, except for equipment designated by the Fire Chief as being exempt from this requirement, Pursuant to Government Code Section 66ti20(d), certain fees, dedications, reservations or exactions imposed by the City as a condition of approval of this project are subject to a statutory ninety (90) day protest period Please be advised that the ninety (90) day protest period for those fees, dedications, reservations and exactions which are subject to Government Code Section 66020(a) has commenced to run on the date this project was approved by the City. The maximum height of all fencing shall not exceed six (6) feet in height. No barbed ire shall be placed at the site: 10 The equipment cabinet area shall be enclosed on the n foot tall decorative block wall. The south and west side foot tall chainlink fence. Approved by: y L. Shaw rrtunity Development Director h and east side by a six (6) ay be enclosed by a six (6) INTER OFFICE MEMORANDUM Community Development Department PLANNING DIVISION DATE: MARCH f2, '2001 TO: PLANNING COMMISSION FROM: JOHN JAQUESS CITY PLANNER SUBJECT. CUP 728 - SPRINT PCS Since the staff report was prepared and transmitted to the Planning Commission, it was brought to the attention of staff by the City Attorney's office that an additional condition of approval was needed, This condition is to address the fact that any approval to use the City property for private use must be subject to an approved lease between the City Council and the leasee, ift this case Sprint PCS. Therefore, the following condition of approval is proposed to be added as part of the Planning Commission's action if approval is granted. Condition No. 11 (added) 11, Approval of this application for a conditional use permit does not allow the applicant the right to enter onto City property unless and until an approved executed lease agreement exists between the applicant and the City for the right to place a wireless telecommunication facility on site at the City's water tank property, Fuffher, approval of this conditional use permit does not commit the City to negotiate or enter into a lease agreement with the applicant: The applicant expressly consents to the addition of this condition of approval. n arw ,-ing FWOHMSTAFF REPORTS \cup728merno.wpd 0.11-1C, rs EXHIBIT D to PCS SITE AGREEMENT OftAiNDUM OF PCS SITE AGREEMENT Task TTiIS MEMOR UM OF PCS SI CE AGREEMENT is made and by and between City of Redlands, a municipal corporation ("Owner°') a Delaware limited liability company ("Corr"). That Owner has leased to Cox and (tire "Property") in the State of Californ Helen Court water Tank site, a legal d incorporated herein by reference, under t by and between Owner and Cox dated J "Agreement") for a term of twenty (2() year above Wri ESSETT-I:: tel into as of lung d COX PCS ASSETS; ed from Owner a portion of that certain real property San Bernardino, City of Redlands commonly known as of which is shown in Exhibit A attached hereto and and conditions of the urnecorded PCS Site Agreement 2001, and; incorporated herein by reference (the "NESS WHEREOF, the parties have e COX PCS ASSETS, L.L.C.; a Delaware limited liability company By: Kelly bl Title: Re Address: onal Director of Site Development 4683 Chabot Drive, Suite l00 Pleasanton, California 94588 d the Memorandum TY OF RED DS. f the day Mayor, City of Redlands ATTEST. City Clerk d year first EXHIBIT A DESCRIPTION OF OWNER'S PROPERTY & DESCRIPTION OF PROPERTY LEASED TO COX Site Name: Helen Street Water Tank Site L©. 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 Government 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, described as follows: Beginning at a point on the West line of said Section 7, being South 1° 09' East 1,880.00 feet from the Northwest corner of said Section 7; thence from this point of beginning along said West line of said Section 7, South 1° 09' East 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: ion of Government Lot 13 in Section 7, Township 2 South, Range 2 West, San Bernardino in the County of San Bernardino, State of California, according to the official plat thereof .75 feet, together with the East 29.00 feet of the West 149.00 feet portion of sheet 2 of 3 Parcel Map No. 5422 filed in Book Office of the County Recorder of said County. Lot 1 Section 7, Township 2 South, Range 2 West, San San Bernardino, State of California, according to the official plat 4 as follows: y 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 corner of said portion; thence perpendicular to said line SOO°47'45"E 33.75 feet to the point of termination. Owner Initials Cox Initials 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 September 19, 2001, before me, Beatrice Sanchez, Deputy City Clerk, on behalf of Lorrie Poyzer, City Clerk of the City of Redlands, California, personally appeared Pat Gilbreath 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. LORRIE POYZER, CITY CLERK Beatrice Sanchez, Deputy City C (909)798-7531 CAPACITY CLAIMED BY SIGNER(S) d a►l(s) signing for oneself/themselves Officer(s) Title(s): Mayor and City Clerk Entity Represented: City of Redlands, California THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW: Title or Type of Document: Memorandum of Agreement - COX PCS LLC Number of Pages : four Date of Document: June 19, 2001 Signer(s) Other Than Named Above: George Ghantous STATE OF CALIFORNIA ) ss. COUNTY OF On this day of , 2001, before me, 1ntivs-r, a Notary ,public in and for said State and. County, personally appeared , personally known to me for" o be the person(*) whose names). isk re subscribed to the within instrument and acknowledged to me that he/she{they executed the same in him -authorized capacity(ies), and that by his/her/their signature) on the instrument the person(, or the entity upon behalf of which the person( acted, executed the instrument. STATE OF CALIFORNIA COUNTY OF On this day of , 2001, efore me, , a Notary Public in and for a State and County, personally appeared , personally known to me (or vidence) to be the person(s) whose name(s) is/are and acknowledged to me that he/she/they executed the same ty(ies), and that by his/her/their signature(s) on the instrument the person(*), or the entity u behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal Notary Public in and for said State and County RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: CITY CLERK'S OFFICE City of Redlands P. O. Box 3005 Redlands, CA 92373 Recorded In Official Records, County of San Bernardino LARRY WALKER Auditor/Controller — Recorder P Counter Doc#: 2005 - 0574353 f 11 SPACE ABOVE'. T? IS LINE FOR RECDRDFR'S USE Titles: Fees Taxes Other 8/0512005 3:29 PM MP Pages: 4 Leo 0.00 e.e0 PRIG 40.0e MEMORANDUM OF AGREEMENT THIS MEMORANDUM OF PCS SITE AGREEMENT is made and entered into as of June 19 , 2001 by and between City of Redlands, a municipal corporation ("Owner") and COX PCS ASSETS, L.L.C., a Delaware limited liability company ("Cox"). WITNESSETH; That Owner has leased to Cox and Cox has leased from Owner a portion of that certain real property (the "Property") in the State of California, County of San Bernardino, City of Redlands commonly known as Helen Court Water Tank site, a legal description of which is shown in Exhibit A attached hereto and incorporated herein by reference, under the terms and conditions of the unrecorded PCS Site Agreement by and between Owner and Cox dated June 19, 2001, and incorporated herein by reference (the "Agreement") for a term of twenty (20) years. IN WITNESS WHEREOF, the parties have executed the Memorandum as of the day and year first above written. COX PCS ASSETS, L.L.C„ a Delaware li. 1ibili By: George Ghantous Title: Regional Director of Site Development Address: 4683 Chabot Drive, Suite 100 Pleasanton, California 94588 CITY OF REDLANDS By: Mayor. City of Redlands ATTEST: ACKNOWLEDGMENTS ATTACHED G C!_[k Y1 SUSI+�tiF'HI�I'Sr��lfk=m lagF�imi.�CSan i s' r'lln',\ I4 3.5 HI: IwIIHI hfli' i4 2001