19-0909_NEW CINGULAR WIRELESS PCS, LLC_Memorandum of Lease Recorded in Official Records,Orange County
Hugh Nguyen,Clerk-Recorder
II I I RIM 1E11111111111 It I H II NO FEE
RECORDING REQUESTED BY: $ R 0 0 1 1 1 1 0 1 1 0
2019000339832 12:49 pm 09/09/19
City of San Juan Capistrano 217 406 M11 38
32400 Paseo Adelanto 0.00 0.00 0.00 0.00 111.00 0.00 0.000.000.00 0.00
San Juan Capistrano, CA 92675
AND WHEN RECORDED, MAIL TO:
New Cingular Wireless PCS, LLC
Attn: Network Real Estate Administration _
1025 Lenox Park Blvd NE
3rd Floor
Atlanta, GA 30319
Exempt from Recording Fees:
Gov Code 27383
City of San Juan Capistrano
This Space for Recorder's Use Only
Memorandum of Lease
' Between the City of San Juan Capistrano and
New Cingular Wirelss PCS, LLC
APN: 121-190-57
•
New Cingular Wireless PCS, LLC
Attn:Network Real Estate Administration
1025 Lenox Park Blvd.NE
3R1 Floor
Atlanta,GA 30319
APN: 121-190-57
Re: Cell Site No. 000004
Cell Site Name: COMMUNITY CENTER
Fixed Asset No. 10082262
State: California
County:Orange
MEMORANDUM
' OF
LEASE
•
40,
-This Memorandum of Lease is entered into on this 6 day of ikk__ st ,2019,by and between
City of San Juan Capistrano, a California Municipal Corporation,having mailing address at 32400 Paseo
Adelanto,Sari Juan Capistrano,CA 92675(hereinafter retorted to as"Lessor")and New Cingular Wireless
PCS,LLC,a Delaware limited liability company, having a mailing address of 1025 Lenox Park Boulevard
NE, 3rd Floor,Atlanta, GA 30319 (hereinafter referred to as."Lessee"):
1. Lessor and Lessee entered into a certain Wireless Communications Facilities Site Lease on the 3"d
dayol'November 20093 as:Fm ended by that certain First Amendment to Wireless Communications
Facilities'Lase Agreement dated _P1v o5t jam, 2019 (hereinafter; the "Lease") for the
purpose of installing,operating"and maintiii ing a communications facii'ity anctother improvements
at Lessor's real property lOcatcd in the City of San Juan Capistrano,County of Orange,commonly
known as 25925 Camino del Avian. All of the foregoing are set forth in the Lease.
2.. The New Term will be five (5) years commencing on March 1, 2020 with two(2)successive
five(5)year options to renew.
3. The portion of the land being leased to Lessee(the"Premises") is described in Exhibit I 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 Lease,all of
which arc hereby ratified and affirmed. In the event of a conflict between the provisions of this
Memorandum of Lease and the provisions of the Lease, the provisions of the Lease shall control.
The Lease 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 Lease.
•
[SIGNATURES APPEAR ON THE NEXT PAGE]
IN WITNESS WHEREOF, the parties have executed this Memorandum of Lease as of the day
and year first above written.
LESSOR: LESSEE:
City of San Juan Capistrano, New Cingular Wireless PCS,LLC,
a California Municipal Corporation a Delaware limited liability company
By:AT&T Mobility Corporation
Its:Manager
..-�-
ame: ernyibv., Name: L,17,-,77, .577c-Mt.
Title: 647 ✓ exilev r�/ � C �
r Title:
Date: °f —5-11 Date:
C
[ACKNOWLEDGMENTS APPEAR ON THE NEXT PAGE]
PUBLIC AGENCY FORM OF ACKNOWLEDGEMENT
A notary public or other officer completing this certificate
verifies only the identity of the individual who signed the
document,to which this certificate is attached,and not the
truthfulness, accuracy, or validity of that document.
State of California )
' County of Orange ) ss.
City of San Juan Capistrano )
(Gov't Code 40814&Civil Code 1181)
On September 5, 2019, before me, Christy Jakl, Assistant City Clerk, personally appeared
Benjamin'Siegel,City Manager,who proved to me on the basis of satisfactory evidence to the be
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/there
signature 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.
(SEAL)
WITNESS my hand and official seal.
':
Chrt Ja;1,.As st,°City Clerk
OPTIONAL
Capacity Claimed by Signers Description of Attached Document
Title or Type of Document
City Manager
• Memorandum of Lease
Community Center Cell Site
Title New Cingular Wireless
Cell Site No.000004
•
Signer is Representing
City of San Juan Capistrano
LESSEE ACKNOWLEDGMENT -
A notary public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached,and not the truthfulness,
accuracy,or validity of that document.
State of California
County of fj2� -)': /�f,,
On 'l,IO�O OO Q�9 before me,gets/ez- aikA 'irmy?, G& _
(ins name and title 45f the officer)
personally appeared a I�-+'='7
who proved to me on the basis of satisfactory evidence to be the pe on(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 'of hand and official s
m.,i. CECILIA SIFUENTES
,,i Notary Public-California ?
�� / „ ���-f • z 4� 4k•} Los Angeles County
Signature '% '"`” (Seal) z '�1?'�
Seal Commission#2152447
,31rMy Comm.Ex.rtes Ma 6,.2020 .
•
EXHIBIT 1
DESCRIPTION OF PREMISES
Page 1 of 1
to the Memorandum of Lease dated ailltaf
• 1* , 2019, by and between City of San Juan
Capistrano, a California Municipal Corporation; as Lessor, and New Cingular Wireless PCS, LLC, a
Delaware limited liability company,as Lessee.
The Premises are a portion of the Property located at 25925 Camino del Avion, San Juan Capistrano, CA
92675 and legally described and/or depicted as follows:
The easterly 60 acres of Parcel"L"per map recorded in Book 2.Page 38 of surveys in the County Recorders
office of Orange County,California,in the City of San Juan Capistrano,County of Orange,State of California,
except,the.following described parcel:
Beginning at a l"itpmpipe at the most northwesterly cornet:Of said easterly&)acts;thence S 69° 14' 53"E
629:88' along the northerly line of said Parcel."L"ta'a 2'iron pipe at an angle point ire said northerly line;thence
S 89° 19'49"B 194.11' along said northerly line:thence leaving said line S 9°40' 11"W 9.25'to the beginning;
of a non tangent curve concave to the southeast having a radius of 264.75'.to which point a radial line bears N 0°
40' 11"E;thence southwesterly along said curve through a central angle of 71 03' 30"an arc distance,of
328.34';thence on a tangent line S l9°36'41"W 104.9:1' to the beginning of a tangent curve concave to the
northwest having a radius of 2335.2.5';thence southwesterly along said curve through a central angle of 70°20'
17"an arc distance of 288.80' to the beginning of a reverse curve concave to the southeast having a radius of
264.75'; thence southwesterly along said reverse curve through a central angle of 90°00' 00"an arc distance of
415.87'to a radial line of said.curve which bears S 89°56' 58"W;thence on the prolongation of said radial 8.58'
to the westerly line of the easterly 66 acres of said Parcel"L";thence NO°03' 02"W 930.68' along the westerly
line of said easterly 60 acres to the point of beginning. Containing 7.25 acres more or less.
Also excepting that portion as conveyed to the City of San Juan Capistrano as per deed recorded in,Book 1.1648,
Pages 18�5 to 1829,of Official Records.County of Orange.,California.
Cell Site No.000004
Cell Site Name: COMMUNITY CENTER
Fixed Asset No.10082262
Market:L.A.
Address:25925 Camino del Avion,San Juan Capistrano,CA 92675
FIRST AMENDMENT TO WIRELESS COMMUNICATIONS FACILITIES SITE LEASE
THIS FIRST AMENDMENT ("Amendment") TO WIRELESS COMMUNICATIONS
FACILITIES SITE LEASE), dated as of the latter of the signature dates below(the"Effective Date"), is
by and between City of San Juan Capistrano, a California Municipal Corporation, having a mailing •
address at 32400 Paseo Adelanto, San Juan Capistrano, CA 92675 (hereinafter referred to as "Lessor"),
and New Cingular Wireless PCS,LLC,a Delaware limited liability company,having a mailing address of
1025 Lenox Park Boulevard NE, 3rd Floor, Atlanta, GA 30319 (hereinafter referred to as "Lessee")
(collectively,the"Parties").
This Amendment seeks to amend the lease between the Parties entered into on November 3,2009
("Lease") and attached hereto as Exhibit A, whereby Lessor leased to Lessee certain Premises, therein
described,that are a portion of the Property located at 25925 Camino del Avion, San Juan Capistrano,CA
92675. Unless specifically addressed in this Amendment, the Lease shall be binding on all Parties for the
length of any extension of time granted by this Amendment.
NOW THEREFORE, in consideration of the foregoing and other good and valuable
consideration,the receipt and sufficiency of which are hereby acknowledged,Lessor and Lessee agree as
follows:
1. Effective Date of Amendment. Lessor and Lessee desire to extend the Term of the
Lease,provided that any changes to the Lease are effective as of the Effective Date of this Amendment.
2. Term. The Term of the Lease shall be amended to provide that the current term, which
commenced on March 1,2015,shall expire on February 28,2020,with an option for an additional five(5)
year Renewal Term (through March 3, 2025). Commencing on March 1, 2020 ("New Term
Commencement Date"), this Amendment shall automatically extend the Term of the Lease for up to
three (3) additional terms of five (5) years each(each a "Renewal Term"), or potentially until March 3,
2035, upon the same terms and conditions of the Lease, as amended herein. Provided Lessee is not in
default and has not notified Lessor in writing of Lessee's intention not to renew the Lease at least six(6)
months prior to the expiration of the then current Renewal Term, Renewal Terms shall be automatic
requiring no further action by Lessee. Lessor agrees and acknowledges Lessee's right to use and exercise
its rights under the Lease during the Lease and Amendment's Term.
3. Termination. In addition to the terms set forth in the Lease, Lessee may terminate the
Lease at any time with six(6)months prior written notice to Lessor for any or no reason.
4. New Base Rental. Beginning on March 1,2020 ("New Rent Commencement Date"),
the Base Rental under the Lease shall be Two Thousand Five Hundred and No/100 Dollars ($2,500.00)
per month,and shall continue during the Term,subject to adjustment as provided herein.
5. Modification of Lessee's Obligation to Pay — Base Rental Guarantee.
Notwithstanding Lessee's obligations to pay Base Rental set forth under the Lease, for a ninety-six (96)
month period commencing March 1, 2020 and ending February 29, 2028 ("Base Rental Guarantee
Period"),Lessee's obligation to pay Base Rental is guaranteed and such obligation will not be subject to
offset or cancellation by Lessee, except as due to loss from casualty or condemnation. Notwithstanding
Cell Site No.000004
Cell Site Name: COMMUNITY CENTER
Fixed Asset No.10082262
Market:L.A.
Address:25925 Camino del Avion,San Juan Capistrano,CA 92675
the foregoing, if Lessor exercises any of Lessor's rights to terminate the Lease, if any, other than the
Lessor's right to terminate the Lease due to the default of Lessee under the terms of the Lease beyond any
applicable grace period, Lessee will be released from any and all of its obligations to pay Base Rental
during the Base Rental Guarantee Period as of the effective date of the termination. In addition, Lessee
shall be released from any and all of its obligations to pay Base Rental during the Base Rental Guarantee
Period if any of the following shall occur: (a)Lessor is in breach of the Lease, including but not limited
to any default under the terms of the Lease beyond any applicable grace and cure period; (b) there is a
foreclosure of the Property which results in a termination of the Lease; (c)the Lessor shall require Lessee
to relocate Lessee's equipment and facilities to a location that is not acceptable to Lessee in its reasonable
business judgment if allowed for in the Lease; (d) any existing government permits and/or approvals
cannot be obtained or maintained, at no fault of the Lessee; or(e)Lessee terminates the Lease pursuant to
the terms of the Use of the Leased Premises section as set forth in the Lease. If the Lease is further
modified in the future with an obligation for Lessee to pay additional Base Rental, the payment of Base
Rental guarantee established in this paragraph will not be diminished or limited, but such Base Rental
guarantee will not extend to that future additional Base Rental obligation.
6. Annual Escalator / Extension Term Increase. The Lease is amended to provide that
Base Rental shall increase by two percent(2%) on the anniversary of the New Rent Commencement Date
and every year thereafter.
7. No Preemption. For the life of the Lease, the terms of this Amendment shall not be
preempted or impacted in any form or manner by any changes or enactments made by any state or federal
entity unless mutually agreed to in writing by the Parties.
8. Notices. Section 17.9 of the Lease is hereby deleted in its entirety and replaced with the
following:
NOTICES: All notices, requests, demands and communications hereunder will be given by first class
certified or registered mail, return receipt requested, or by a nationally recognized overnight courier,
postage prepaid, to be effective when properly sent and received, refused or returned undelivered.
Notices will be addressed to the parties as follows:
If to Lessee:
New Cingular Wireless PCS,LLC
Attn: Network Real Estate Administration
Re: Cell Site No.000004; Cell Site Name: COMMUNITY CENTER(CA)
Fixed Asset No. 10082262
1025 Lenox Park Boulevard NE
3rd Floor
Atlanta,GA 30319
With a required copy of the notice sent to:
New CinguIar Wireless PCS,LLC
AT&T Legal Department-Network
Attn:Network Counsel
Re: Cell Site No.000004;Cell Site Name: COMMUNITY CENTER(CA)
Cell Site No.000004
Cell Site Name: COMMUNITY CENTER
Fixed Asset No.10082262
Market L.A.
Address:25925 Camino del Avion,San Juan Capistrano,CA 92675
Fixed Asset No. 10082262
208 South Akard Street
Dallas,TX 75202-4206
A copy sent to the Legal Department is an administrative step which alone does not
constitute legal notice.
As to Lessor:
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano,CA 92675
ATTN: City Manager
9. Acknowledgement. Both Parties acknowledge that: 1)this Amendment is entered into of
the Parties' free will and volition; 2) Both Parties have read and understand this Amendment and the
underlying Lease and, prior to execution of this Amendment, were free to consult with counsel of its
choosing regarding Lessor's decision to enter into this Amendment and to have counsel review the terms
and conditions of this Amendment; 3)Both Parties have been advised and are informed that should either
Party not enter into this Amendment, the underlying Lease between Lessor and Lessee, including any
termination or non-renewal provision therein,would remain in full force and effect.
•
10. Memorandum of Lease. Either party will, at any time upon fifteen (15) days prior
written notice from the other,execute, acknowledge and deliver to the other a recordable Memorandum of
Lease substantially in the form of the Attachment 1. Either party may record this memorandum at any
time, in its absolute discretion.
11. Sale of Property. Lessor shall not be prohibited from the selling, leasing or use of any
of the Property or Landlord's property surrounding the Property(the"Surrounding Property").
12. Other Terms and Conditions Remain. In the event of any inconsistencies between the
Lease and this Amendment, the terms of the Lease shall control. Except as expressly set forth in this
Amendment,the Lease otherwise is unmodified and remains in full force and effect.
13. Capitalized Terms. All capitalized terms used but not defined herein shall have the
same meanings as defined in the Lease.
Cell Site No.000004
Cell Site Name: COMMUNITY CENTER
Fixed Asset No.10082262
Market:L.A.
Address:25925 Camino del Avion,San Juan Capistrano,CA 92675
IN WITNESS WHEREOF,the parties have caused their properly authorized representatives to
execute and seal this Amendment on the date and year below.
LESSOR: LESSEE:
City of San Juan Capistrano, New Cingular Wireless PCS,LLC,
a California Municipal Corporation a Delaware limited liability company
By: AT&T Mobility Corporation
Its: Manager
V'.By: )7,17"-1/ By:
d NJgIk--1E5 k-�"%/CKNEy
Name: 1prK�. �e PJ Name:
Title: t"� ..JJ AV/1u- Title: /IeEc.74 a a(E.
Date: 0"5 l 1 Date: g• .
[ACKNOWLEDGMENTS APPEAR ON THE NEXT PAGE]
PUBLIC AGENCY FORM OF ACKNOWLEDGEMENT
A notary public or other officer completing this certificate
verifies only the identity of the individual who signed the
document,to which this certificate is attached,and not the
truthfulness, accuracy, or validity of that document.
State of California )
County of Orange ) ss.
City of San Juan Capistrano )
(Gov't Code 40814&Civil Code 1181)
On September 5, 2019, before me, Christy Jakl, Assistant City Clerk,, personally appeared
1 cnjamin Siegel,City Manager, who proved to me on the basis of satisfactory evidence to the be
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/there
signature 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.
(SEAL)
• WITNESS my hand and official seal.
. Chris Jakl,Assi t. �i�ty Clerk
OPTIONAL
Capacity Claimed by Signers Description of Attached Document
• Title or Type of Document
City Manager
First Amendment to Wireless Communications
Facilities Site Lease
Title Community Center Cell Site
New Cingular Wireless
Signer is Representing Cell Site No.000004
City of San Juan Capistrano
•
Cell Site No.000004
Cell Site Name: COMMUNITY CENTER
Fixed Asset No.10082262
Market:L.A.
Address:25925 Camino del Avion,San Juan Capistrano,CA 92675
LESSEE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is'attached,and not the truthfulness,
accuracy,or validity of that.document.
State of California
County of _-_. C(ii2ANOE ) /� n ,�`
On AG c U 5r c 9 40/9 before me,C..'eet1/4�Jvue t/t"&q Afo r e f&ie,
,(insert name and title of the officer)
personally appeared i ice 6-3 V-17/.c ga
who proved to me on the basis of satisfactory evidence to be the person,}' . ase name is/a e
subscribed to the within instrument and acknowledged to me that heisladtbefexecuted the same in
his/lae/thaifauthorized capacity(.ies),and that by his/harttheifsignature in the instrument the
personnor 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.
•
]-t'A
. f
Signature ) �1..: � 'fagf (Seal)Seal
Cell Site No.000004
Cell Site Name: COMMUNITY CENTER
Fixed Asset No.10082262
Market:L.A.
Address:25925 Camino del Avion,San Juan Capistrano,CA 92675
EXHIBIT A
NOVEMBER 3,2009 AGREEMENT
•
i, , •
•
CITY OF SAN JUAN CAPISTRANO
WIRELESS COMMUNICATIONS FACILITIES SITE LEASE
New Cingular Wireless PCS,LLC
Cell Siite#: 000004-02; Cell Site Name: Community Center Light Standard
This Communications Site Facilities Lease (the "Lease") is made and entered into this 3 day
of November, 2009, by and between the CITY OF SAN JUAN CAPISTRANO, a California
Municipal Corporation (herein "LESSOR"), and NEW LINGULAR WIRELESS PCS, LLC, a
Delaware limited liability company (herein "LESSEE") (hereinafter collectively referred to as
"Parties"). •
.
RECITALS
• WHEREAS, LESSOR is the fee title owner of property described as San Juan Capistrano Sports
Park located at 25925 Camino del Avion in the City of San Juan Capistrano,.California (the
"Property") described more particularly in Exhibit A attached hereto, which description is fully
incorporated herein by this reference;and•
WHEREAS, LESSEE desires to lease space on the'Property from said LESSOR on the terms and
conditions herein in order to install and operate a digital mobile radio telecommunications site as
more fully described hereinbelow and Exhibit C(the"Facilities").
LEASE
NOW, THEREFORE, in consideration of the foregoing recitals and the mutual covenants,
conditions, and agreements contained herein, the receipt and sufficiency of which is hereby
ackinowledged, the Parties to this Lease do hereby agree as follows:
1. LEASED PREMISES:
•
•
1.1 DEMISE: LESSOR leases to LESSEE a portion of the Property containing 322 •
square feet as more particularly described in Exhibit B (the"Premises").
1.2 LESSEE ACCESS: LESSOR shall provide LESSEE, LESSEE's employees,
agents, and subcontractors' access to the Premises after LESSEE provides LESSOR
with 24 hours notice. Provided, however, that in the event of an "emergency or
special circumstance", which would leave the Facilities inoperable during normal
non-business hours, LESSEE may access the Property to make necessary repairs
and shall provide notice to LESSOR as soon as reasonably practicable. For
purposes of this Lease, the phrase "emergency or special circumstance" shall be
interpreted to mean automobile accidents and natural disasters, including, but not
limited to flooding,wind, and earthquakes.
2. USE OF LEASED PREMISES: To the extent provided in this Lease, LESSEE may use
the Premises to facilitate provision of wireless communication services, including the transmission
1 •
Cell Sitet100004-02;Cell Site Name:Community Center Light Standard •
'
and the reception of communication signals of various frequencies. Subject to the terms and
conditions of this Lease, LESSEE may install, construct, maintain, repair, replace and operate on
•
the Premises the communications and other facilities depicted and/or described in general in
Exhibit C, as approved by LESSOR in writing prior to taking such actions. To the extent
reasonable, LESSOR shall cooperate with LESSEE in applying for and obtaining all licenses,
permits, and any and all other necessary approvals that may be required for LESSEE's use of the
Premises.
LESSEE has the right to install and operate transmission cables from the equipment cabinet to the
antennas, electric lines from the main feed to the equipment cabinet and communication lines from
the main entry point to the equipment cabinet. There will be no more than 6 (six) panel antennas
attached to the light pole. All other equipment and electrical lines will be concealed inside the
equipment cabinet per Exhibit C or underground.No equipment will be visible from the Property.
The equipment cabinet will include a 20'x 11'storage area that will be designated for City storage.
The LESSEE shall donate $20,000 to San Juan Little League for the construction of a batting cage
as identified in Exhibit C for community purposes. The batting cage will serve as a buffer to the
equipment cabinet and a public benefit to the community. The batting cage will not be maintained
or operated by the LESSEE.
The LESSEE's Facilities shall comply with all applicable federal, state or local laws, rules or
regulations.
3. LEASE TERM:
3.1 INITIAL TERM: The initial term of this Lease shall commence on the first day of the
month following the date that LESSEE obtains all permits necessary allowing
LESSEE the right to construct the Facilities (the "Commencement Date") and shall
continue for five (5) years from that date (the "Initial Term") unless terminated
earlier pursuant to Section 8 hereinbelow.
3.2 RENEWAL TERM: LESSOR grants LESSEE an option to renew this Lease for an
additional ten (10) years, renewable in two (2) five (5) year increments (each, a
"Renewal Term"). This Lease shall automatically renew for each Renewal Term
unless LESSEE provides LESSOR notice of its intention not to renew not less than
thirty(30) days prior to the expiration of the then current Term. For the purpose of
this Lease, the "then current Term" shall mean either the Initial Term or the
Renewal Term,whichever is in effect at the relevant time. The Initial Term and the
Renewal Terms shall be collectively referred to herein as the"Term."
4. PAYMENT OF RENT: At the Commencement Date, LESSEE agrees to pay to LESSOR,
the amounts set forth in this section, each month in advance, on the first of each month, as
rental for said Premises for the Initial Term of the Lease and all Renewal Terms,payable to
the City of San Juan Capistrano, 32400 Paseo Adelanto, San Juan Capistrano, California
92675, Attn: Accounts Receivable, Finance Department. In addition, LESSEE agrees to do
and perform all other covenants and agreements contained in this Lease.
2
Cell SiteN 00004-02;Cell Site Name:Community Center Light Standard
4.1 BASE RENTAL PAYMENT: The Base Rental Payment under this Lease 'shall be
TWO THOUSAND TWO HUNDRED DOLLARS ($2,200.00) per month ("Base
Rental"). If the Commencement Date is a date other than the first day of the month,
the Base Rental for the first calendar month shall be paid on the Commencement
Date and prorated on the basis of the number of actual days in such partial month.
4.2 COST OF LIVING ADJUSTMENT: The Base Rental shall be automatically
adjusted on each anniversary of the Commencement'Date in an amount equal to
three percent(3%) of the rent paid during the previous year.
4.3 LATE CHARGE: LESSEE acknowledges that late payment by LESSEE to
LESSOR of Base Rental will cause LESSOR to incur costs,not contemplated by
this Lease, the exact amount of such costs being extremely difficult and
impracticable to fix. Such costs include, without limitation, processing and
accounting charges. Therefore, if any installment of Base Rental due from LESSEE
is not received by LESSOR within thirty (30) days after written notice is received
from LESSOR that the same is due and payable, LESSEE shall pay to LESSOR an
additional sum of three percent(3%)per month of the overdue Base Rental as a late
charge. The Parties agree that this late charge represents a fair and reasonable
estimate of the costs that LESSOR will incur by reason of such Iate payment by
LESSEE. Acceptance of any late charge shall not prevent LESSOR from
exercising any of the other rights and remedies available to LESSOR.
5. PROPERTY TAXES: LESSEE recognizes and understands that this Lease may create a
possessory interest subject to property taxation pursuant to Revenue and Taxation Code section
107.7 and that LESSEE may be subject to the payment of property taxes levied on such interest.
LESSEE shall timely pay all property taxes and assessments directly attributable to LESSEE's
possessory interest. In no event shall LESSOR be liable for any taxes owed as a result of this
Lease.
6. LESSOR INSPECTION AND ENTRY; ACCESS FOR INSPECTIONS:
6.1 LESSOR and/or its authorized representatives shall have the right to enter the
Premises with a Tenant escort, upon reasonable prior notice to LESSEE (which
shall not be less than twenty-four (24) hours unless the LESSOR's Public Works
Director determines that exigent circumstances warrant a shorter period of time, so
long as such entrance does not unreasonably interfere with LESSEE's use of the
• Premises):
3
Cell site 00004-02;Cell Site Name:Community Center Light Standard
A. To determine whether the Premises are in good condition and whether
LESSEE is complying with its obligations under this Lease.
B. To do any necessary maintenance to the light pole and to make any
restoration to the Premises that LESSOR has the right or obligation to
perform.
C. To serve, post, or keep posted any notices required or allowed under the
provisions of this Lease.
D. To run electric or telephone conductors, pipes, conduits, or ductwork where
necessary or desirable over, under, or through the Premises in a manner
which will not unreasonably interfere with LESSEE's use of the Premises.
6.2 LESSOR shall not be liable in any manner for any inconvenience, disturbance, loss
of business, or nuisance arising out of LESSOR's entry on the Premises as provided
in this section, except for damage resulting from the acts or omissions of LESSOR
or its authorized representatives. LESSEE shall not be entitled to an abatement or
reduction of rent if LESSOR exercises any rights reserved in this section.
7. CONSTRUCTION AND MAINTENANCE OF FACILITIES AND PREMISES:
7.1 LESSEE'S CONSTRUCTION: LESSEE shall have the right to install, construct,
maintain, repair, replace, and operate the Facilities on the Premises that are
depicted in Exhibit C. The Parties intend that the antennas and appurtenances
related thereto which are a part of the Facilities shall be constructed on a suitable
support structure in such manner as to make the cabinetry blend into the
surroundings, i.e., LESSEE shall screen the equipment. Therefore, construction by
LESSEE of any improvement, structure or work on the Premises, shall be permitted
only upon the express written consent of the LESSOR, which will not be
unreasonably withheld or delayed.
7.2 CONSTRUCTION OF IMPROVEMENTS: All improvements to the Premises
shall be made in a good and workmanlike manner, at LESSEE's expense, in
accordance with the requirements of all- laws, ordinances, and regulations
applicable thereto, including zoning requirements and building code requirements
of the City of San Juan Capistrano, and any municipal or other governmental
agency having jurisdiction over the Premises and Facilities at the time the
improvements are constructed. LESSOR agrees to cooperate with LESSEE in
connection with applying for any municipal permits for the construction of the
aforementioned improvements. It is understood and agreed that such cooperation
shall not be implied to include any expenditures of funds on the part of LESSOR or
any implied promise or warranty that such permits, discretionary, or otherwise,will
be issued to LESSEE. LESSEE shall provide reasonable notice to the LESSOR
prior to entering the Premises for purposes of constructing the Facilities, and shall
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Cell Sitet$00004-02;Cell Site Name:Community Center Light Standard
coordinate the scheduling and logistics of same with the Public Works Director to
avoid any interference with the LESSOR's operations, educational programs or
recreational programs. Once commenced, any and all improvements made by
LESSEE with respect to the installation of the Facilities shall be diligently pursued
to completion.
7.3 MECHANIC'S LIENS: LESSEE shall not allow or permit to be enforced against
the Premises, or any part thereof, and shall defend, indemnify, and hold LESSOR
harmless from any mechanic's, material suppliers', contractors', tax, or
subcontractors' liens arising from any claim, for damage, or growing out of the
work of any construction, repair,restoration, replacement, or improvement made by
or alleged to have been made by or on behalf of LESSEE. LESSEE shall pay or
cause to be paid all of such liens, claims, or demands before any action is brought
to enforce the same against the Premises. If LESSEE shall in good faith contest the
validity of any such claim, lien, or demand, then LESSEE shall, at its expense,
defend itself and LESSOR against same and shall pay and satisfy any settlement or
adverse judgment that may be entered thereupon prior to the execution thereof. In
the event of any such contest,LESSEE shall provide LESSOR with a security bond
in a form and amount LESSOR deems sufficient to allow the lien of record to be
discharged as a matter of law.
7.4 r CARE DURING CONSTRUCTION: LESSEE shall exercise great care during
construction. All applicable City standards and specifications shall be followed.
LESSOR's Public Works Director shall approve all work in writing prior to
commencement.
7.5 LESSEE MAINTENANCE OF FACILITIES AND PREMISES: LESSEE's
maintenance of the Facilities and Premises shall include,but is not limited to:
A. Maintenance of all landscaping installed by LESSEE,if any;
B. Repairs and/or replacements to LESSEE's Facilities caused by acts of third
parties,including theft,graffiti, and intentional acts;
C. Maintaining, in good, clean, safe, and sanitary condition and repair, all of
LESSEE's personal property. All Facilities on the Property must be
maintained in a first-class condition without rust, paint, or surface
deterioration. All maintenance must conform to the standards utilized by
LESSOR; and
D. All work necessary to comply with Federal, State, County, municipal, and
other governmental agencies and bodies having jurisdiction.
7.6 RELOCATION: In the event relocation is necessary due to public improvements,
LESSEE shall within twelve (12) months of LESSOR's notice thereof either
relocate the Facilities or terminate the Lease. Upon receipt of the notice, Lessee
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Cell Site,/00004-02;Cell Site Name:Conununity Center Light Standard
shall have the right to terminate the Lease and shall notify the Lessor of its intent to
terminate the Lease within 60 days from its receipt of Lessor's notice, which
termination shall be effective no later than the date corresponding to the last day of
the twelve-month notice period provided by the Lessor. Lessee shall have no
further liability to Lessor after the termination date except as expressly provided
herein. If Lessee agrees to, such relocation, Lessee agrees to pay direct cost of
relocating the Facilities to the relocated Premises and installing same thereon, and
Lessor shall pay all other costs,if any.
7.7 ABANDONMENT: If use of the Facilities is abandoned for at least two(2)months,
LESSEE or its designee shall be responsible for removing the Facilities and
returning the Premises to their original condition as approved by the Public Works
Director.
8. TERMINATION:
8.1 LESSOR'S RIGHT TO TERMINATE:
A. LESSOR may pursue any remedies available to it under applicable law,
including, but not limited to, the right to terminate this Lease, upon the
earliest of any of the following events:
1. LESSEE's failure to pay rent within thirty (30) days following
nonpayment;
2. LESSEE's failure to comply with any term, covenant, or condition
of this Lease after LESSEE has been given written notice of the
violation and has had thirty(30)days to cure same or,if such default
is not curable within such thirty(30) day period, has not proceeded
to commence such cure within such thirty (30) day period and
diligently proceeds to completion;
• 3. Interference by the Facilities with other electrical or radio frequency
equipment installed on or around the Property, which interference is
not cured by LESSEE within ten (10) days following written notice
thereof; or
4. Interfere with LESSOR's operations, or use of the Property by
LESSOR or third parties after LESSEE has been given written _
notice of the violation and has had thirty(3 0)days to cure same or, if
such default is not curable within such thirty(30) day period,has not
proceeded to commence such cure within such thirty(30) day period
and diligently proceeds to completion.
B. Additionally, upon a finding by LESSOR's City Council that the Premises
are needed for other public purposes, LESSOR shall have the right, after the
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- 4 1 •
expiration of the second renewable term, to terminate this Lease without
liability upon one(1)year's written notice of termination to LESSEE. "
8.2 LESSEE'S RIGHT TO TERMINATE: LESSEE may terminate this Lease without
further liability for any reason whatsoever upon ninety (90) days written notice to
LESSOR. Upon termination, all prepaid rent will be retained by LESSOR unless
such termination is due to LESSOR's failure of proper ownership or authority, or
such termination is a result of LESSOR's default hereunder. In the event LESSEE
terminates the Lease prior to commencement of construction of the Facilities, all-
LESSEE's obligations under this Lease shall terminate without further liability.
8.3 RETURN OF.PREMISES UPON.TERMINATION: Except as otherwise provided
herein, LESSEE shall at its sole expense remove all of LESSEE's Facilities,within
sixty (60) days following expiration or termination of this Lease. Upon the
expiration or termination of this Lease, LESSEE shall surrender the Premises to
LESSOR in a condition at least as good as existed on the date LESSEE executes
this Lease, less ordinary and reasonable wear and tear. The Parties intend that
LESSEE shall not remove or destroy any improvements to the Premises that,
subsequent to surrender of the Premises by LESSEE, will benefit or be of use to
LESSOR. Therefore, upon expiration or termination of this Lease, LESSOR may
request that LESSEE not remove or destroy all or any portion of the LESSEE's
Facilities, and, except for any electrical (other than lighting),mechanical, computer,
or similar equipment(including antennas),LESSEE shall not remove the portion of
the LESSEE's Facilities that is the subject of LESSOR's request. LESSEE shall
thereafter execute any and all documents as are reasonably required to evidence that
title to such improvements have been transferred to LESSOR, in their "as-is"
condition.
9. INTERFERENCE:
9.1 LESSEE'S OBLIGATIONS: Prior to occupancy of the Premises and operation of
the Facilities by LESSEE or its agents, assigns or LESSEE's employees, LESSEE
agrees to:
A. Submit to LESSOR,within forty-five (45) days prior to operation,proposed
plans for antenna type and size, along with operating frequencies, effective
radiated power, and other necessary on-air technical data at LESSOR's
discretion for LESSOR's review and approval. If LESSOR does not
respond in writing to LESSEE within ten (10) days following LESSEE'S
request for approval, such request will be deemed to have been approved by
LESSOR.
B. Install or cause to be installed, all equipment according to generally
accepted standard engineering practices and in a good and workmanlike
manner.
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Cell Site#00004-02;Cell Site Name:Community Center Light Standard
• +, s
C. Use reasonable efforts to investigate the cause of and mitigate any
interference caused by LESSEE on existing radio frequency equipment of
LESSOR following written notification of interference from LESSOR.
9.2 SUBSEQUENT PR OPERTY LEASES: LESSOR agrees to include in all leases
between LESSOR and future lessee's of the Property a covenant that the lessee
shall not interfere with other electrical or radio frequency equipment previously
installed on the Property and that if the lessee is not able to mitigate the
interference, the lease shall provide for termination thereof. Likewise, LESSOR
will not permit or allow the installation of any future equipment which results in
technical interference problems with LESSEE's then existing equipment.
9.3 NON-INTERFERENCE: The communication equipment and the use thereof shall
not interfere with the use of any other communication or similar equipment of any
kind and nature owned or operated by LESSOR or other occupants of the Property
existing as of the Commencement Date, except as may be permitted by applicable
laws; provided, however that subsequent to the installation by LESSEE of the
Facilities, LESSOR agrees not to install and to exercise commercially reasonable
effort to not allow installation of new equipment on the Premises if such equipment
causes interference with LESSEE's operations. All interference claims shall be
settled in accordance with the then prevailing interference rules and regulations
promulgated by the Federal Communications Commission.
10.0 DESTRUCTION OF PREMISES; If either the Premises or the Property is destroyed or
damaged as a result of a catastrophic event to the extent that, in LESSEE's reasonable discretion,
LESSEE may no longer use the Premises for the intended purposes,LESSEE may elect to either:
A. Terminate this Lease, effective upon the date of the damage or destruction, by •
delivering written notice within ninety (90) days of the date of the damage or
destruction and a request to terminate; or
B. Upon consent of LESSOR, which shall not be unreasonably withheld, conditioned
or delayed, use a portion of the Premises specified by LESSOR for provision of
Communication Services on a temporary basis until such time as the LESSEE's
Facilities on the Premises are repaired or reconstructed so that LESSEE can resume
the provision of Communication Services from the Premises. If LESSEE elects to
continue this Lease and in the event that LESSOR unreasonably delayed its consent
for LESSEE to install the temporary facility in order for LESSEE to continue its
operation, Rent shall abate for the period of non-use. Any such repair or
reconstruction shall be completed in an expeditious manner.
•
11. UTILITIES AND PROVISION OF SERVICE: LESSEE shall determine the availability of
and shall, at its sole cost and expense, cause to be installed in, on, and about the Premises all
facilities necessary to supply thereto all electricity, telephone, and other similar services required
to service the Premises. LESSOR shall allow LESSEE to have its own electrical metering
8
Cell Site#00004-02;Cell Site Name:Community Center Light Standard
equipment installed. LESSEE shall obtain all necessary approvals for the installation of the meter.
An electrical plan shall be submitted to LESSOR for approval, which approval shall not be
unreasonably withheld, conditioned or delayed prior to commencement of such work. LESSOR
agrees to cooperate with LESSEE in its efforts to obtain such utility service. During the Initial
Term and all Renewal Terms, LESSEE agrees to pay directly to the servicing utility when due all
charges for electricity, telephone and all other utility services of every kind and nature supplied to
and used by LESSEE on the Premises. LESSOR shall be responsible for its electrical and other
utility service and for the regular payment of electrical and other utility charges attributable to the
Property other than the Premises.
12. INDEMNIFICATION AND INSURANCE:
•
12.1 INDEMNIFICATION: Neither LESSOR nor any other officer or employee of
LESSOR shall be responsible for any damage or liability occurring by reason of any
acts or omissions on the part of LESSEE or its officers or employees under or in
connection with any activities under this Lease. It is also understood and agreed
that to the fullest extent permitted by law, LESSEE shall indemnify, defend (with
counsel reasonably acceptable to LESSOR), protect and hold harmless LESSOR
and its officers, agents and employees ("LESSOR's Parties") from and against any
and all claims, demands,judgments, actions, damages, losses,penalties, liabilities,
costs and expenses (including, without limitation, attorneys' fees and court costs)
arising at any time directly or indirectly from or in connection with (i) any default
in the performance of any obligation by LESSEE to be performed under the terms
of this Lease, (ii) LESSEE's use of the Premises, or(iii) the conduct of LESSEE's
business or any activity, work or things done, permitted or allowed by LESSEE in
or about the Premises, except to the extent caused by LESSOR's, LESSOR's
Parties' or LESSOR's contractors', LESSEEs', guests', invitees', or licensees'
negligence or willful misconduct. The obligations of LESSEE under this section
shall survive the expiration or earlier termination of this Lease.
12.2 ASSUMPTION OF RISK: LESSEE, as a material part of the consideration to
LESSOR, hereby assumes all risk of damage to the Premises, including, without
limitation,injury to persons in,upon or about the Premises during LESSEE's use of
the Premises, arising from any use of the LESSEE's Facilities or other activities of
LESSEE or LESSEE's agents, employees, guests, or invitees (collectively
"LESSEE's Parties") on the Premises. LESSEE hereby waives all claims with
respect thereof against LESSOR, except as otherwise stated in this Lease. LESSOR
shall not be liable for any injury to LESSEE's Facilities, Premises, or injury to or
death of any of LESSEE's Parties, or injury to LESSEE's Facilities, or injury to or
death of any other person in or about the Premises from any cause except to the
extent such is caused by the negligence or willful misconduct of the LESSOR,
LESSOR's Parties, or LESSOR's agents, contractors, tenants, guests, invitees, or
licensees.
12.3 INSURANCE:
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Cell Site#00004-02;Cell Site Name:Community Center Light Standard
A. Casualty Insurance: During the term of this Lease, LESSEE shall, at its sole
cost and expense,keep LESSEE's interest in the Premises and the Facilities,
including any improvements thereon both in the course of construction and
through the remainder of any term of this Lease, insured by insurance
companies rated A- VII or higher by A.M. Best and authorized, and
authorized to do business in the State of California or LESSEE shall self
insure, against loss or damage by fire and other such casualties as are
included in extended coverage. Such coverage shall include stipulated
value, vandalism and malicious mischief endorsements, in such amounts so
as to provide for the then actual replacement cost of all improvements on
the Premises.
B. LESSEE agrees, at its sole expense, and at all times during the term of this
Lease, to maintain in full force, or cause to be maintained in full force, a
policy or policies of commercial general liability insurance in an amount of
ONE MILLION DOLLARS ($1,000,000.00), per occurrence and ONE
MILLION DOLLARS ($1,000,000.00) in the aggregate including property
damage, written by one or more insurance companies licensed to do
business in the State of California or LESSEE shall self insure the required
coverage. LESSEE shall ensure that LESSOR is included as an additional
insured and shall evidence such additional insured status on a certificate of
insurance to be provided to LESSOR prior to the commencement of any
work. Such required commercial general liability policies shall insure
against liability for injury and death resulting therefrom and/or property
damage which may occur as a result of or in connection with the existence
of the Facilities and improvements in,on or about the Premises.
13. DAMAGE OR DESTRUCTION OF IMPROVEMENTS TO PREMISES: LESSOR shall
have no duty or obligation to rebuild the Facilities or the improvements thereon if such Facilities
or improvements are substantially damaged during the Term, in whole or in part by any casualty.
LESSOR will give LESSEE (a)notice of such casualty within thirty(30) days after the date of the
casualty and (b) the right to terminate in sixty (60) days from said casualty date. In the event
LESSOR chooses not to rebuild the Facilities or improvements thereon, LESSEE shall be entitled
to terminate the Lease.
14. ASSIGNMENT AND SUBLEASING:
14.1 ASSIGNMENT: LESSEE shall not voluntarily assign or transfer its interest under
this Lease or in the Premises without first obtaining the prior written consent of
LESSOR, which consent shall be not unreasonably withheld, delayed or
conditioned. The transfer of the rights and obligations of LESSEE to a parent,
subsidiary, or other affiliate of LESSEE, or to any successor in interest or entity
acquiring fifty-one (51%) or more of LESSEE's membership interests or assets,
shall not be deemed an assignment and LESSOR's consent shall not be required for
such transfer. Any assignment without LESSOR's consent (when such consent is
required) shall be voidable and, at LESSOR's election, shall constitute cause for
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- ► '
exercise of LESSOR's remedies under applicable law, including termination of the
Lease. No consent to any assignment shall constitute a further waiver of the
provisions of this section. Notwithstanding the foregoing, it is understood that
LESSEE shall not be released from liability hereunder by virtue of any assignment.
As a condition precedent to any such assignment which requires LESSOR's
consent, LESSEE agrees to provide written notice to LESSOR of its intention to
assign at least thirty (30) days before the proposed effective date of any such
proposed assignment which notice shall include the identity of the proposed
assignee, copies of the proposed assignment documentation and current financial
statements of the proposed assignee. As a further condition precedent to any
assignment, the assignee must assume, in writing, all of LESSEE's obligations
under this Lease.
14.2 SUBLEASING: LESSEE shall not sublease any portion of the Premises except as
expressly provided herein. LESSEE shall be permitted to sublease portions of the
Premises to a wholly-owned subsidiary of LESSEE, provided LESSEE provides
LESSOR with express written notice of such sublease.
14.3 COLLOCATION: LESSEE shall cooperate with future communications operators
that would request collocation as long as there is no adverse impact on LESSOR
from an operational,maintenance,and repair standpoint.
15. RENEWAL/HOLD1NG OVER: Upon the expiration or termination of this Lease, LESSEE
shall surrender the Premises to LESSOR. If LESSEE shall remain in possession of the Premises
after the expiration or termination of the Lease, with the consent of LESSOR, either express or
implied, such holding over shall be construed to create a month to month tenancy subject to all the
covenants, conditions, and obligations hereof, and LESSEE hereby agrees to pay LESSOR, as
monthly rental, an amount equal to one hundred twenty-five percent (125%) of the most recent
monthly rental price. Nothing above shall be construed to give LESSEE any rights to so hold over
and to continue in possession of the Premises after the expiration of the Term without the express
consent of LESSOR.
16. ENVIRONMENTAL: LESSEE and its agents, employees, or contractors subcontractors or
other representatives shall not bring upon the Premises, or permit or authorize any other person or
entity to bring upon the Property, including the Premises, any hazardous materials, hazardous
substances, hazardous wastes, pollutants, asbestos, polychlorinated biphenyls (PCBs), petroleum
or other fuels (including crude oil or any fraction or derivative thereof). Notwithstanding the
foregoing, LESSEE may bring such fuels and lubricants onto the Premises as may be required for
operation of construction vehicles during construction and backup power for generators during,
maintenance or repair of the LESSEE's Facilities. In addition, LESSEE may also bring onto the
Premises, any lead-acid batteries, cleaning solvents, and other chemicals necessary for proper
utilization and maintenance of the LESSEE's Facilities. In bringing any materials or substance
onto, or using any materials and substances on, the Premises, LESSEE shall comply with all
federal, State, and local government laws, regulations, and rules. LESSEE shall be solely
responsible for any damages or costs incurred by LESSOR due to any environmental
contamination, arising from the presence or use on LESSEE's behalf of any hazardous materials or
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Cell Site/F 00004-02;Cell Site Name:Community Center Light Standard
substances that LESSEE, its agents, employees, contractors, subcontractors or other
representatives bring onto the Premises.
17. MISCELLANEOUS:
17.1 NO WAIVER: No covenant, term, or condition thereof shall be deemed waived,
except by written consent of the Party against whom the waiver is claimed. Any
waiver or the breach of any covenant, term or condition shall not be deemed to be a
waiver of any preceding or succeeding breach of the same or any other covenant,
term, or condition. Acceptance by LESSOR of performance other than full
performance by LESSEE after the time the performance shall have become due
shall not constitute a waiver by LESSOR of the breach or default of any covenant,
term, or condition unless otherwise expressly agreed to by LESSOR in writing.
17.2 ATTORNEY'S FEES AND COSTS: If either Party hereto shall bring any action
for any relief against the other, declaratory or otherwise, arising out of this Lease,
including any suit by LESSOR for the recovery of rent or possession of the
Premises, the prevailing Party shall be entitled to have and recover from the other
Party the prevailing Party's reasonable fees and costs (including attorneys' fees),
which shall be deemed to have accrued on the commencement of such action and
shall be paid whether or not such action is prosecuted to a judgment.
17.3 NO JOINT VENTURE: Neither LESSOR nor any of its employees shall have any
control over the manner, mode or means by which LESSEE, its agents or
employees, use the Premises or Facilities described herein, except as otherwise set
forth herein. LESSOR shall have no voice in the selection, discharge, supervision
or control of LESSEE's employees, servants, representatives or agents, or in fixing
their number, compensation or hours of service. LESSEE shall perform all
covenants herein as a tenant of LESSOR and shall remain at all times as to
LESSOR a tenant with only such obligations as are consistent with that role.
LESSEE shall not at any time or in any manner represent that it or any of its agents
or employees are agents or employees of LESSOR. LESSOR shall not in any way
or for any purpose become or be deemed to be a partner of LESSEE in its business
or otherwise or a joint venturer or a member of any joint enterprise with LESSEE.
17.4 INTERPRETATION: The Parties hereto agree that all provisions hereof are to be
construed as both covenants and conditions as though the words imparting such
covenants and conditions were used in each separate section hereof The captions
of the sections and subsections of this Lease are for convenience only and shall not
be deemed to be relevant in resolving any questions of interpretation or
construction.
17.5 INTEGRATION AND GOVERNING LAW: This Lease represents the entire
understanding of LESSOR and LESSEE as to those matters contained herein. No
prior oral or written understanding shall be of any force or effect with respect to •
those matters covered by this Lease. This Lease shall be governed by the laws of
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l t ,
the State of California and construed as if drafted by both LESSOR and LESSEE.
Any action, arbitration, mediation, hearing or other proceeding related to this Lease
shall be conducted only in the County of Orange.
17.7 LEASE BINDING ON HEIRS AND ASSIGNS: Each of the terms, covenants, and
conditions of this Lease shall extend to,be binding upon, and inure to the benefit of
not only LESSOR and LESSEE, but each of their respective heirs, representatives,
administrators and assigns. Whenever in this Lease reference is made to either
LESSOR or LESSEE, the reference shall be deemed to include, whenever
applicable, the heirs, legal representatives, and assigns of each of the Parties, the ,
same as if in every case expressed.
17.8 CORPORATE AUTHORITY: Each party executing this Lease on behalf of a
corporation represents and warrants that he or she is duly authorized to execute and
deliver this Lease on behalf of said corporation, in accordance with a duly adopted
resolution of the Board of Directors of said corporation and that this Lease is
binding upon said corporation in accordance with its terms.
17.9 NOTICES: Any written notices required pursuant to this Lease shall be made by
certified or registered mail, return receipt requested, or reliable overnight courier
and delivered to the following address:
To LESSOR: City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Attn: City Manager
Copy to: Woodruff,Spradlin & Smart
555 Anton Blvd. Suite 1200
Costa Mesa, CA 92626
Attn: Omar Sandoval, City Attorney
If to Lessee: New Cingular Wireless PCS, LLC
Attn:Network Real Estate Administration
Re: Cell Site#:000004-02; Cell Site Name: Community Center(CA)
Fixed Asset No:_10082262
12555 Cingular Way, Suite 1300
Alpharetta,GA 30004
•
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Cell SiteM 00004-02;Cell Site Name:Community Center Light Standard
,t
•
•
With a required copy of the notice sent to either of the addresses above to AT&T Legal at:
If sent via certified or registered mail:
New Cingular Wireless PCS,LLC
Attn: AT&T Legal Department
Re: Cell Site#:000004-02;Cell Site Name: Community Center(CA)
Fixed Asset No:_1 0082262
PO Box 97061
Redmond, WA 98073-9761
•
Or
If sent via nationally recognized overnight courier:
New Cingular Wireless PCS,LLC
Attn: AT&T Legal Department
Re: Cell Site#:000004-02;Cell Site Name: Community Center(CA)
Fixed Asset No:_10082262
16331 NE 72nd Way
Redmond,WA 98052-7827
17.10 AMENDMENTS: This Lease may not be modified, altered, or amended except in
writing signed by both LESSOR and LESSEE. The City Council assigns to the
City Manager signature authority to execute future Lease Amendments and
extensions for periods not more than two (2) years each and provided that the City
Manager shall not have the authority to approve a decrease in the rental rate without
the prior approval of the City Council.
[SIGNATURE PAGE FOLLOWS]
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IN WITNESS WHEREOF, the Parties hereto have caused this Lease to be executed by their duly
authorized officers.
LESSOR LESSEE
CITY OF SAN JUAN CAPISTRANO, `NEW CINGULAR WIRELESS PCS,LLC,
a California Municipal Corporation a Delaware limited liability company
By AT&T Mobility Corporation
7
Its Manager
By:
Mayor
By: G,7' 444
Date: // 3- 2C,Z)9 - _ _- Name: ��� %
Title: �r,�v�rya..r.����.✓
TAX 1.' .
Date: /65'/3•
A. S.
1 Name:
Cid Title: . - -
•
Date:
Approved as to form:.
City Attomty
•
•
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Cell Site#00004-02;Cell Site Name:Community Center Light Standard
r ' l
•
• CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT '
.
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1, State of California • .
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who proved tame on the,basisof'satisfactory evidence to
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he heitheg.executed the same in his/her/their.authorized .
i • • 1. ALMA PINEDA l'}':' capacity{fes); and that by his/befltheir signature(s)-on the.- .5�� Commtsstoni'tT842097 instrument the persons) or the entity upon behalf ofz "' `� �* NotaryPuti11c-California which the person 'acted,executed the instrument.
Orange County n -
. My.Comm.'Explres Mar 26.2013 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 offi I seal. ,
Signature ( e114 A. •
t Place Notary Seal Above Signature of.Natary.Pubrx -
. - OPTIONAL .
IThough the information below is not required by law,it may prove valuable to persons relying on the document
I and could prevent fraudulent..removal and reattachment of this form td another document.
I 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 Name: Signer's Name: • '
❑ Individual • 0 Individual
O Corporate Officer—Title(s): U Corporate Officer—Title(s): .
❑ Partner—❑Limited 0 General RIGHTTHUPABPRINT 0 Partner—❑Limited 0 General RIGHTTHUMBPRINT
❑ Attorney in Fact OF SIGNER 0 Attorney in Fact OF SIGNER
❑ Trustee Top of thumb here ❑Trustee Top of thumb here •
O Guardian or Conservator ❑Guardian or Conservator
❑ Other: 0 Other:
Signer Is Representing: Signer Is Representing: -
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52007 Nadonat Notary Association•9350 Da Solo Ave..P.O.Box 2402•Chatswarth.CA 51313-2402•www.NatIonalNotaryorg Item 95907' Reorder:Cell Toll-Free 1-800.876-6827
\ . - -• ..-
PU$LIC,AGENCY FORM OF ACKNOWLEDGEMENT .
State of`California ) _ .
County of Orange. - •) ss. •
• • City of San Juan Capistrano ) . .•
(Gov't Code 40814 8i.Civil Code•1181) •
. ' On`'November 3, 2009, before me, Maria Morris, Actin. ::.City Clerk, personally appeared -
Mbx•T€Nielsen,l ay.or,who proved to me on the basis of satisfactory evidence to the be 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, and that by his/her/there signature on the
' Mstrainent the person(s),•or the entity upon behalf of which the person(s) acted, executed the •' '• . .
' iristrumerit. •
• I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing .
paragraph is true and correct. • •
(SEAL) ' .
• ' . WIT ' : o; !Id;an&off tial seal. • ,
• • . , Maria • s;1•'c ng Cityt144
OPTIONAL .
Capacity Claimed by Signers Description of Attached Document
.' Title or Type of Document•
. Officer-title •
• ' Wireless Communications Facilities Site
Mayor Lease--New Cingular Wireless PCS,LLC'— , •
Cell Site # 000004-02; Cell.Site Name: -
•Signers are Representing - • Community Center Light Standard •
• City of San Juan Capistrano -
Original ..
I
EXHIBIT A
DESCRIPTION OF THE PROPERTY
The easterly 60 acres of Parcel"L"per map recorded in Book 2,Page 38 of surveys in the County Recorders
office of Orange County,California, in the City of San Juan Capistrano.County of Orange,State of California,
except the following described parcel:
Beginning at a 1"iron pipe atthe most northwesterly corner of said easterly 60 acres;thence S 69° 14' 53"E
629.88' along the northerly line of said Parcel"L"to a 2"iron pipe at an angle point in said northerly line;thence
S 89° 19' 49"E 194.11' along said.northerly line;thence leaving said line S 9°40' 11"W 9.25'to the beginning
of a non tangent curve concave to the southeast having a radius of 264.75',to which point a radial line bears N 0°
40' 11"E;thence southwesterly along said curve through a central angle of 71°03' 30"an arc distance of
328.34'; thence on a tangent line S 19°36'41"W 104.91' to the beginning of a tangent curve concave to the
northwest having a radius of 235.15'; thence southwesterly along said curve through a central angle of 70°20'
17"an arc distance of 288.80'to the beginning of a reverse curve concave to the southeast having a radius of
264.75'; thence southwesterly along said reverse curve through a central angle of 90°00' 00"an arc distance of
415.87' to a radial line of said curve which bears S 89°56' 58"W;thence on the prolongation of said radial 8.58'
to the westerly line of the easterly 60 acres of said Parcel "L";thence N0°03' 02"VT 930.68' along the westerly
line of said easterly 60 acres to the point of beginning. Containing 7.25 acres more or less.
Also excepting that portion as•eonveyed to the City of San Juan Capistrano as per deed recorded in Book 11648,
Pages 1825 to 1829,of Official Records,County of Orange,California.
16
Cell Site#00)04-02;Cell Site Name:Community Center Light Standard
- ; A -
EXHIBIT B
DESCRIPTION OF THE LEASED PREMISES
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EXHIBIT C
DESCRIPTION OF THE FACILITIES
PROJECT DRAWINGS
(See Attached)
18
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SITE NAME: COMMUNITY CENTER
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