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AGENDA STAFF REPORT ` 12
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DATE: July 23, 2012
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Sean P. Crumby P.E., Assistant City Manager/Public Works
SUBJECT: FIRST AMENDMENT TO COMMUNICATIONS SITE
LEASE AGREEMENT FOR 1194 PACIFIC COAST
HIGHWAY ("ZOETER FIELD")
SUMMARY OF REQUEST:
That the City Council adopt Resolution No. 6294 regarding the First Amendment
to the Communications Site Agreement for 1194 Pacific Coast Highway ("Zoeter
Field") between the City of Seal Beach and Los Angeles SMSA Limited
Partnership, dba Verizon Wireless.
BACKGROUND AND ANALYSIS:
The City of Seal Beach owns real property located at 1194 Pacific Coast
Highway, and leases a portion of the site to Los Angeles SMSA Limited
Partnership, dba Verizon Wireless pursuant to a lease agreement dated October
5, 2000. Attachment D is a copy of the Communication Site Lease Agreement.
The initial term of the lease commenced on October 1, 2000 for a period of five
(5) years with Verizon Wireless maintaining the right to extend such a term for
two (2) extension terms of five (5) years each. Verizon Wireless has exercised
its rights pursuant to the extension of terms in the lease agreement, and as such,
the term will expire on September 30, 2015.
Additionally, pursuant to the amendment, and commencing on October 1, 2015,
the term shall be automatically extended three (3) additional five (5) year periods
unless Verizon Wireless terminates it at the end of the then current term.
Though the current cell site agreement with Verizon does not expire until
September 30, 2015, it is common practice by Verizon and other cell site
• providers to obtain approval of their cell site agreements so that they can more
accurately forecast their operating budget. It is also beneficial to the City to have
a stable revenue source.
Agenda Item F
ENVIRONMENTAL IMPACT:
There is not Environmental Impact related to this item.
LEGAL ANALYSIS:
The City Attorney has reviewed and approved as to form.
FINANCIAL IMPACT:
The lease amount currently stands at $4,077.38 per month ($48,928.56 per year)
and will increase annually on October 1 and throughout the term of the lease by
the percentage change in the most recent published Consumer Price Index
(CPI).
RECOMMENDATION:
That the City Council adopt Resolution No. 6294 regarding the First Amendment
to the Communications Site Agreement for 1194 Pacific Coast Highway between
the City of Seal Beach and Los Angeles SMSA Limited Partnership, dba Verizon
Wireless.
SUB TTED B NOTED AND APPROVED:
/�•.t`�
•4oL1 . ' g
Sean P. Crumby, . Ingram, City M-r .ger
Assistant City Manager/Public er/Public Works
Prepared by: Patrick Gallegos, Administrative Manager
Attachments:
A. Resolution No.6294
B. First Amendment to Communications Site Lease Agreement
C. Memorandum of Amendment to Lease
D. Communications Site Lease Agreement- 1996
Page 2
RESOLUTION NUMBER 6294
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
REGARDING THE FIRST AMENDMENT TO THE
COMMUNICATIONS SITE LEASE AGREEMENT FOR 1194
PACIFIC COAST HIGHWAY ("ZOETER FIELD") WITH LOS
ANGELES SMSA LIMITED PARTNERSHIP, DBA VERIZON
WIRELESS
THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY
RESOLVE:
SECTION 1. The City Council hereby approves an Amendment, dated
July 23, 2012, to the Agreement between the City and Los Angeles SMSA
Limited Partnership,dba Verizon Wireless.
SECTION 2. The Council hereby authorizes the City Manager to execute the
Agreement.
PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a
regular meeting held on the 23rd day of July , 2012 by the following vote:
AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members
Mayor
ATTEST:
City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Linda Devine, City Clerk of the City of Seal Beach, do hereby certify that the
foregoing resolution is the original copy of Resolution Number 6294 on file
in the office of the City Clerk, passed, approved, and adopted by the Seal Beach
City Council at a regular meeting held on the 23rd day of July , 2012.
City Clerk
IN WITNESS WHEREOF, Landlord and Tenant have caused this Amendment to be
executed by each party's duly authorized representative effective as of the date first above
written.
CITY OF SEAL BEACH LOS ANGELES SMSA,LIMITED
PARTNERSHIP,
By: dba Verizon Wireless
Jill R. Ingram, City Manager
By: AirTouch Cellular, its General Partner
Attest: \�
Walter L. Jon-s, Jr
By. Area Vice President Network
Linda Devine, City Clerk
Approved as to Form:
By:
Quinn Barrow, City Attorney
2 of 2
S7296-111411346018v3.doc
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
McGuireWoods LLP
77 West Wacker Drive
Suite 4100
Chicago, IL 60601
Attention: Andrew S. Ryerson
(Site Name: NWS)
(Space above this line for Recorder's use.)
MEMORANDUM OF AMENDMENT TO LEASE
THIS MEMORANDUM OF AMENDMENT TO LEASE ("Memorandum") evidences that an
amendment(the "Amendment") to Lease was entered into as of July 23 , 2012, by
and between CITY OF SEAL BEACH, a California Charter City ("Landlord"), and LOS
ANGELES SMSA LIMITED PARTNERSHIP, a California limited partnership, dba Verizon
Wireless ("Tenant").
Landlord and Tenant originally entered into a Communications Site Lease dated October 5,
2000, for certain real property located at 1194 Pacific Coast Highway, Seal Beach, California
90740, within the property of Landlord which is described in Exhibit "A" attached hereto
("Landlord's Property"), together with a right of access and to install and maintain utilities. The
initial term ("Initial Term") of the Lease commenced on October 1, 2000 for a period of five (5)
years, subject to Tenant's right to extend such term for two (2) extension terms of five (5) years
each (the "Extension Terms", which, together with the Initial Term, constitute the "Term").
Tenant has exercised its rights pursuant to the Extension Terms, and as such, the Term will
expire on September 30, 2015. Pursuant to the Amendment, and commencing on October 1,
2016, the Term shall be automatically extended for three (3) additional five (5) year periods
unless Tenant terminates it at the end of the then current term by giving Landlord written notice
of the intent to terminate at least six (6)months prior to the end of the then current term.
[Signatures begin on next page]
IN WITNESS WHEREOF, Landlord and Tenant have duly executed this Memorandum of
Amendment to Lease as of the day and year first above written.
CITY OF SEAL BEACH LOS ANGELES SMSA, LIMITED
PARTNERSHIP, dba Verizon Wireless
By:
Jill R. Ingram, City Manager By: AirTouch Cellular, its General Partner
vm ;Attest: `1�
By:
Walter L. Jones, Jr.
By: Area Vice President Network
Linda Devine, City Clerk
Approved as to Form:
By:
Quinn Barrow, City Attorney
EXHIBIT "A"
Legal Description of Landlord's Property
Legal description of Landlord's Property
Also referred to as Assessor's Parcel Number 043-122-33
A portion of Block 210,Block 211, and 11t11 Street, in Bay View Tract, as shown on a map
recorded in book 8,page(s)91,of Miscellaneous Maps,in the office of the County Recorder
of Orange County, California described as follows:
Beginning at the Southeast corner of Lot 17 of said Block 210, also being the Westerly right-
of-way line of 11`h Street; thence Northwesterly along the Southwesterly line of said Lot 17,
117.5 feet to the Southwest corner of said Lot 17; thence Northeasterly along the
Northwesterly line of Lots 17, 19,21, 23, 25, 27, 29, 31, 33, 35, 37 and 39 of said Block 210, a
distance of 283.35 feet; thence Southeasterly parallel with the Southwesterly line of Lot 39
and its Southeasterly prolongation, a distance of 245 feet; thence Southwesterly,parallel with
- the centerline of 11th Street as shown on the recorded map of said tract, a.distance of 248.35
feet to a a point; (said point being the point of intersection with the line,presently known as
the Northerly right-of-way line of Landing Avenue) thence Northwesterly parallel with said
Southeasterly prolongation of Lot 39 and along said right-of-way line of Landing Avenue and
its Northwesterly prolongation, 127.5 feet to a a point in the Westerly right-of-way line of said
1 Street; thence Southwesterly along said right-of-way line of 11th Street, 35 feet to the Point
of Beginning.
. . 136,A2.12� Nws
COMMUNICATIONS SITE LEASE
This Lease is made and entered into by and between the CITY OF SEAL
BEACH, a municipal corporation (hereinafter referred to as "LANDLORD") and LOS
ANGELES-SMSA LIMITED PARTNERSHIP, a California limited partnership dba Verizon
Wireless by AirTouch Cellular its general partner(hereinafter referred to as"TENANT").
1. Premises. LANDLORD hereby agrees to lease to TENANT and
TENANT agrees to lease from LANDLORD that certain parcel of real property, approximately
200 square feet in area, (seven(7) days a week, twenty-four(24) hours a day) and an access
and utility easement, located at Zoeter Field, in the City of Seal Beach, California, commonly
known by the street address of 1194 Pacific Coast Highway, hereinafter referred to as "the
Premises", all as more particularly described in Exhibits "A" hereto and by this reference
incorporated herein. This Lease is subject to the terms, covenants and conditions hereinafter
set forth and both parties covenant, as a material part of the consideration for this Lease, to
keep and perform each and every term, covenant and.condition of said Lease.
2. Term. •
A. The term of this Lease shall be for Five(5) years, subject to Two (2)
Five(5) year extensions, commencing on October I, 2000 (the"Effective Date"), provided,
however, that TENANT's obligations to pay rent hereunder shall not begin until TENANT
commences construction of its facilities upon the Premises, which date shall not exceed one
hundred and eighty(180) days after the Effective Date hereof.
B. The ability for TENANT to exercise the extensions in paragraph 2 A
above shall be subject to: (i) TENANT not being in default in the performance of any term or
condition under this Lease(after written notice and with all cure periods having lapsed); (ii)
TENANT shall provide LANDLORD with at least ninety(90)calendar days written notice
prior to the expiration of the original Lease term, or any prior extension term(s), of its
intention to exercise said extension.
Said renewal option shall be exercised by personal delivery or by certified mail,
postage prepaid, of a notice of exercise of option to LANDLORD at the address set forth
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herein for notices. Such exercise of the option granted hereunder shall automatically extend the
term of this Lease upon the terms and conditions set forth herein, and no further writing need
be given by TENANT or LANDLORD. Upon exercise, TENANT shall not have the right to
revoke said election to exercise the option. In the event that any option specified herein is not •
exercised as provided, within the time period provided,then said option and remaining options,
if any, shall expire, and TENANT shall not have any right to renew this Lease.
• C. Upon termination, both parties shall be relieved of any further
obligations under this Lease, excepting such obligations as are imposed by Sections 7.D., 8, 9,
10, 12, 19, 21, and 22 and each party shall continue to have available all remedies for any
breach of this Lease occurring prior to the date of termination. Within sixty(60) days following
the expiration or termination of this Lease, TENANT shall remove its personal property and
fixtures and restore the Premises to its original condition, reasonable wear and tear excepted
and further excepting landscaping and related irrigation equipment, or other aesthetic
• improvements made by TENANT to the Premises.
3. Rent. TENANT agrees to pay to LANDLORD rent, without prior
notice or demand by LANDLORD, in the sum of Thirty-six Thousand Dollars($36,000.00)per
year, paid in equal monthly installments in advance on or before the first day of each month
during the term of this Lease. Said rent shall be paid to LANDLORD, without deduction or
offset except as expressly provided for herein, in lawful money of the United States of America,
at 211 8th Street, Seal Beach, California 90740, or at such other place as LANDLORD may
designate, in writing.
At the time of execution hereof by TENANT, TENANT shall pay a one-time,
nonrefundable administrative fee in the amount of Twenty Thousand Dollars ($20,000.00)
CPI Adjustment. The parties agree that rent shall be adjusted annually
throughout the term of the Lease on each anniversary of the Effective Date(or the first day of
the month in which such anniversary occurs)beginning as of the first anniversary of the
Effective Date by the percentage change in the most recent published Consumer Price Index
(1982-84=100) Urban Wage Earners and Clerical Workers-Los Angeles, Anaheim, Riverside
624923 2
("Index") compared to the Index published twelve(12) months earlier. If the Index is
discontinued or changes so that it is impossible to obtain a continuous measurement of price
changes, the Index shall be replaced by a comparable government index.
4. Use.
A. TENANT shall use the Premises for the sole purpose of constructing,
maintaining, securing and operating a cellular telephone or personal communications service
facility, or other public communications facilities or services including the construction of
equipment enclosures and installation of required antennas and related communications
equipment and antenna support structures, all as depicted in the site plan, engineering and
related drawings approved by LANDLORD and attached hereto and collectively marked as
Exhibit`B." Each such antenna or antenna support structure may be configured as required by
TENANT, provided TENANT obtains all permits and approvals required by LANDLORD,
which shall not be unreasonably withheld, conditioned or delayed, and/or any other public
agency having jurisdiction over the matter. No change in the antenna configuration shall be
made and no additional antennas or other equipment which would be visible to public view shall
be added without LANDLORD's prior written approval, which shall not be unreasonably
withheld, conditioned, or delayed. TENANT shall install a security fence of chain Iink or other
material satisfactory to LANDLORD, around the perimeter of the Premises, excluding the
access and utility easement. Construction of TENANT's communications facility shall be at
TENANT'S reasonable cost and expense. Notwithstanding the aforementioned,
LANDLORD shall have the right to withhold its consent for any proposed change to the
communications facility which increases the net height, or overall structure size by more than
ten percent (10%) in any dimension, from any prior, LANDLORD approved and accepted, •
construction or modification of the communications facility.Notwithstanding anything
contained herein to the contrary, at anytime during the term of the Lease or extension thereof,
LANDLORD shall have the right to require TENANT to install light fixtures("Lights"), on
TENANT's monopole as defined and depicted on Exhibit"B". TENANT agrees that all costs
to install the Lights on the monopole, including purchase of the Lights, and installation on the
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monopole, shall be at TENANT's reasonable cost and expense. Said configuration and design
of the Lights shall be substantially similar to the lights proximately located near the Premises, as
may be used to adequately illuminate the athletic field, to be approved by LANDLORD, which
such approval shall not be unreasonably withheld, conditioned, or delayed. TENANT agrees to
run conduit from the base of the monopole to a light standard designated by LANDLORD,
through a trench as defined and depicted on Exhibit`B". The construction and design plans for
said trench shall be approved by LANDLORD, which shall not be unreasonably withheld,
conditioned or delayed. Additionally, TENANT shall also provide two, appropriately sized
electrical utility vaults, the first being at the base of said monopole, and the other at the base of
said designated light standard, as substantially defined and depicted on Exhibit`B". Landlord
will pay the cost of the electricity for the Lights.
B. In furtherance thereof, TENANT agrees that upon LANDLORD's reasonable
request, TENANT shall provide evidence satisfactory to LANDLORD that its communications
facility installed pursuant to this Lease complies in all respects with any and all Federal
Communications Commission regulations and standards governing radio frequency radiation as
may be applicable to TENANT's use as contemplated herein("Energy Compliance") •
Furthermore, TENANT agrees that LANDLORD may, at any time, require TENANT, upon no •
less than ten (10) business days' prior notice, to measure and test levels of radio frequency
energy to ensure compliance with all applicable standards. LANDLORD may effect such
testing and measurements on its own, at its option. In the event such testing reveals that
TENANT has violated the Energy Compliance , TENANT shall pay all testing costs. Where
testing by either party reveals no violation, LANDLORD shall be responsible for payment of
such costs which may be paid by LANDLORD, at TENANT's option, by offsetting rent due or
by invoice to LANDLORD whereupon the same shall be paid within thirty(30) days of receipt.
C. LANDLORD agrees that TENANT's ability to use the Premises is
dependent upon TENANT's obtaining all necessary certificates, permits and/or other approvals
which may be required from any federal, state or local authority. LANDLORD agrees to
cooperate with TENANT as to TENANT's obtaining such certificates, permits or other
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approvals. In the event TENANT is unable to obtain any necessary certificate, permit or other
approval in order to operate its communications facility, or if due to technological changes
TENANT, in its sole discretion, determines that it will be unable to use the Premises for
TENANT's intended purposes, TENANT may terminate this Lease as provided herein, upon
thirty (30) days prior written notice.
D. TENANT shall not do or permit anything to be done in or about the
Premises nor bring or keep anything therein which will cause cancellation of any insurance
policy covering the Premises or part thereof or portion of its contents. TENANT agrees to pay
any reasonable increase in the rate of fire or other insurance policy covering the Premises which
is due to TENANT's leasing of the Premises. Additionally, TENANT shall maintain the
Premises pursuant to the following: (i)TENANT shall keep the Premises secure, free and clean
of debris, and graffiti; and (ii)TENANT shall maintain it's equipment in good and proper
working order. TENANT shall not commit or suffer to be committed any waste in or upon the
Premises, provided that LANDLORD expressly agrees that TENANT'S use as authorized
herein, shall not constitute waste.
E. TENANT recognizes that the radio frequencies which it may utilize
in connection with the exercise of this Lease are situated in close proximity to the frequencies
used by public safety departments. TENANT further understands that this proximity will
require TENANT to take appropriate steps to prevent interference with Emergency
Communications(as defined herein below). Except as provided below, at all times, TENANT's
communications operations shall not prevent the City of Seal Beach from utilizing its police,
fire or other emergency radio system("Emergency Communications"), in any manner
whatsoever. In furtherance thereof, prior to commencing operations, TENANT will conduct a
test for interference in cooperation with the Seal Beach Police Department or its designee, at
TENANT's expense and at a mutual agreeable time.
TENANT shall provide a twenty-four hour telephone number to which
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interference problems may be reported and will immediately commence to resolve all
interference to Emergency Communications within 4 hours of receipt of such telephonic notice,
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provided, however, LANDLORD promptly provides TENANT written notice of such
interference. In the event TENANT fails to cure incidents of interference with any of
LANDLORD's Emergency Communications within twenty-four hours of receipt of notice of
such interference, TENANT shall immediately cease all operations and its rights under this
Lease shall be suspended pending resolution of the interference problem, except those rights as
may be necessary to cure such interference. LANDLORD agrees to work in good faith with
TENANT to identify any potential interference problems and, where problems are detected
during the preliminary test, to further work with TENANT to resolve such interference
problems to the satisfaction of both parties. It is expressly agreed, however, that in the event
TENANT is unable to cure interference problems identified by LANDLORD or the Seal Beach
Police Department, then this Lease may be terminated at LANDLORD's or TENANT's option
and without any further obligation on the part of either party, except as provided in Section
2.C.Notwithstanding the aforementioned, the cessation of TENANT's operations as provided
for herein, shall not apply to any testing TENANT deems reasonably necessary, which shall be •
coordinated with the LANDLORD, to cure such interference, and the cessation shall not
continue any longer than is absolutely necessary to cure such interference. Both LANDLORD
and TENANT agree to coordinate any such testing so as to occur at times deemed riot to cause
any interference.
F. At all times throughout the term of this Lease, TENANT's use of
the Premises shall be in conformance with and subject to all conditions contained in any
approvals required to be obtained, and obtained, from the City of Seal Beach applicable to
TENANT's operations hereunder.
G. Co-Location of another telecommunications carrier on
TENANT's tower or pole. Subject to Paragraph 4 A., and subject to the terms and conditions
of this Section, TENANT hereby agrees to permit the co-location of other compatible licensed
telecommunications carriers("Co-Locators") on the tower or pole to be erected as part of the
communications facility authorized pursuant to this Lease. Said ability to co-locate shall be
determined in good faith by TENANT, in its sole discretion, based on its engineering review of
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the proposed radio equipment, band width, signal strength, ability of the tower to accept the
additional loading imposed by placement of the Co-Locator's antennae or other equipment
and/or such other criteria as may be appropriate to the co-location request. It is expressly
understood that TENANT may require any such Co-Locator to pay TENANT its development
• costs, and any additional costs associated with the development and upkeep of the tower or
pole in proportion to the number of other co-locators on the tower or pole or using any other
reasonable method. LANDLORD agrees that it shall require such additional Co-Locators to
enter in to a lease contract with TENANT on terms and conditions reasonably satisfactory to
the TENANT, and at TENANT's discretion in accordance with any pre-existing co-location
agreements by and between the TENANT and such Co-Locator. Additionally, it is understood
that any such co-locator may be required to pay, in addition to the payments described herein
above, any such sums directly to the LANDLORD for any other lease rights for land on
LANDLORD's Property.
5. Compliance with Law. TENANT shall not use the Premises or permit •
anything to be done in or about the Premises which will in any way conflict with any law,
statute, ordinance or other governmental rule or regulation now in force or which may
hereinafter be enacted or promulgated. Subject to TENANT's right to terminate as provided in
Section 4.C, TENANT shall, at its sole cost and expense, promptly comply with all laws,
statutes, ordinances and other governmental rules, regulations or requirements now in force or
which may hereinafter be enacted or promulgated, relating to, or affecting the condition, use or
occupancy of the Premises, excluding structural changes not related to or affected by
TENANT's improvements and acts. The judgment of a court of competent jurisdiction or the
admission by TENANT in any action against TENANT, whether LANDLORD be a party
thereto or not, that TENANT has violated any law, statute, ordinance or any other
governmental rule or regulation shall be conclusive of that fact as between LANDLORD and
TENANT.
6. Alterations and Additions. Subject to Paragraph 4 A., and other than
as expressly required or permitted herein, TENANT shall not make or suffer to be made any
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alterations, additions or improvements in or to or about the Premises or any part thereof
without the written consent of LANDLORD, which shall not be unreasonably withheld,
conditioned, or delayed. Excepting only the installation of communications related equipment,
any alterations, additions or improvements in, to or about the Premises shall on the expiration
of this Lease become a part of the realty and belong to LANDLORD and shall be surrendered
with the Premises, provided TENANT determines that there will be no use to these
improvements. Any alterations, additions or improvements to the Premises desired by
TENANT, shall be made by TENANT at TENANT's sole cost and expense, and any contractor
or person selected by TENANT to make the same must first be approved of, in writing, by
LANDLORD.
7. Physical Condition of Premises; Waiver.
A. Except for latent defects which LANDLORD has failed to
disclose, or TENANT has failed to discover through a reasonable inspection, by taking
possession of the Premises, TENANT shall be deemed to have accepted the Premises as being
in good sanitary order, condition and repair. TENANT shall, at TENANT's sole cost and
expense, keep the Premises and any part thereof in good condition and repair. LANDLORD
shall have no obligation whatsoever to alter, improve or repair the Premises, or any part
thereof, and the parties hereto affirm that LANDLORD has made no representations to
TENANT respecting the condition of the Premises except as specifically set forth herein.
TENANT further agrees that it shall submit to LANDLORD, prior to applying for any permits
to renovate, reconstruct, improve, alter or in any way modify the Premises, plans and
specifications for LANDLORD's approval, which shall not be unreasonably withheld,
conditioned, or delayed.
B. LANDLORD shall not be liable for any failure to make any such
repairs, or to perform any maintenance except as specifically provided herein. Except as may
otherwise be provided herein, there shall be no abatement of rent and no liability of
LANDLORD by reason of any injury to or interference with TENANT's business arising from
the LANDLORD or TENANT making of any repairs, alterations or improvements in or to any
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portion of the Premises or in or to any fixtures, appurtenances and equipment therein, unless
such injury or interference to TENANT is due to LANDLORD'S negligence or willful
misconduct. TENANT hereby specifically waives the right to make repairs at LANDLORD's
expense under any law, statute or ordinance now or hereafter in effect. Notwithstanding the
foregoing,LANDLORD shall be responsible for any damage to TENANT's equipment or !.
facilities caused by LANDLORD's activities, except as may arise out of customary and normal
use of LANDLORD'S Property. •
C. TENANT shall accept possession of the Premises, in an "as is"
physical condition with no warranty, express or implied,by LANDLORD as to the condition of
the soil, its geology, the presence of known or unknown faults, its suitability for the use •
intended by the TENANT, any onsite soils contamination or any similar matters. It shall be the
sole responsibility and obligation of TENANT to investigate the Premises for any adverse soil,
surface or subsurface conditions of the Premises, and to take such action as may be necessary
to place the Premises in a condition entirely suitable for the use intended by TENANT and
agreed to by LANDLORD as is set forth herein. Notwithstanding the foregoing,LANDLORD
represents that, to the best of its knowledge, there is no onsite soil contamination or any other
conditioned of the soil on the Premises which would constitute a violation of any law or
regulation.
D. TENANT hereby specifically waives any rights TENANT may
have against LANDLORD with regard to the condition of the Premises, including, but not
limited to, soils, toxic or hazardous materials, fill material, compaction, geologic constraints and
faults, except as specifically provided for herein. Upon taking possession of the Premises, or
otherwise commencing any activity whatsoever on the Premises, TENANT agrees to indemnify,
defend and hold harmless LANDLORD from and against any and all claims, losses, liabilities,
damages, demands, actions,judgments, causes of action, assessments, penalties, costs and
expenses (including without limitation, the reasonable fees and disbursements of legal counsel,
expert witnesses and accountants) and all foreseeable and unforeseeable consequential damages
which might arise or be asserted against LANDLORD as a result of a claimed violation of any
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and all present and future federal, state and local laws(whether under common law, statute,
rule, regulation or otherwise), including, but not limited to, the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (CERCLA), 42 U.S.C. §§ 9601 through
9657, inclusive; Transportation of Hazardous Materials and Wastes TA
(HM )> 49 U.S.C. App.
§§ 1801 through 1813, inclusive; the Federal Resource Conservation and Recovery Act
(RCRA), 42 U.S.C. §§ 6901 through 6992, inclusive; 40 C.F.R. Parts 260 through 271,
inclusive;the California Hazardous Substance Account Act (HSAA), California Health and
Safety Code §§ 25300 through 25395, inclusive;the California Hazardous Waste Control Act
(HWCA), California Health and Safety Code §§ 25100 through 25249, inclusive;the Porter-
Cologne Water Quality Control Act, California Water Code §§ 13000 through 13999.16,
inclusive; and the Underground Storage Tank Act (USTA), California Health and Safety Code
§§ 24280 through 24299.7, inclusive, all as the same may be amended from time to time,
relating to the environment or to any hazardous substance, activity or material("Hazardous
Materials"), connected with TENANT's use of the Premises." This environmental indemnity
shall survive the expiration or termination of this Lease as to activities taking place or occurring
on or about the Premises prior to such expiration or termination. This Paragraph shall not
apply to the extent any such Hazardous Materials preexist on LANDLORD's Property prior to
the Effective Date of this Lease, or to the extent any such Hazardous Materials become present
on LANDLORD's Property due to sources other than TENANT and/or unrelated to
TENANT's use of the Premises as contemplated herein, or subsequently modified as authorized
by LANDLORD.
E. LANDLORD shall, upon request and at TENANT's cost, provide
to TENANT copies of all reports, studies, surveys and other data and information on the
Premises which is now available to LANDLORD. LANDLORD represents that it has no
information disclosable pursuant to California Health and Safety Code
§ 25359.7(a).
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F. LANDLORD will use its best efforts to provide TENANT with
notice of any applications by any other communication companies wishing to locate in the
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vicinity of the Premises. In the event any other communication company's operations interfere
with TENANT's use of the Premises, TENANT may, but not as an exclusive remedy,
terminate this lease as provided in Section 4.C. Notwithstanding the aforementioned,
LANDLORD warrants and agrees that TENANT, upon paying the rent and performing the
covenants of this Lease, shall peaceably and quietly have and enjoy the Premises.
8. Claims Against Premises. TENANT shall not suffer or permit to be
enforced against the Premises, or any part thereof; any mechanic's, materialman's, contractor's
or subcontractor's liens arising from, or any claim for any work of construction, repair,
restoration, replacement or improvement of or to the Premises or any other similar claim or
demand howsoever the same may arise, but TENANT shall pay or cause to be paid any and all
such claims or demands before any action is brought to enforce the same against the Premises.
TENANT agrees to indemnify and hold LANDLORD and the Premises free and harmless of all
liability for any and all such claims and demands, together with LANDLORD's reasonable
attorneys'fees and all costs and expenses in connection therewith.
9. Utilities. TENANT shall pay the cost of any and all water, electrical,
gas or other utility services delivered to the Premises during the term hereof and shall have such
utilities installed underground and/or connected if already installed, and maintained at
TENANT's sole cost and expense and subject to LANDLORD's reasonable satisfaction .
TENANT shall submit plans for underground construction of required utility lines to
LANDLORD for review prior to commencement of construction thereof. LANDLORD shall
approve or disapprove of same within fourteen(14) days.
10. Taxes. TENANT shall pay, or cause to be paid, before delinquency, any
and all taxes levied or assessed and which.become payable during the term hereof upon all of
TENANT's possessory interest in and to the Premises, leasehold improvements, equipment,
fixtures and personal property located in or about the Premises. TENANT agrees that, without
prior demand or notice by LANDLORD, TENANT shall, not less than fifteen (15) days prior to
the day upon which any such possessory interest or other such tax is due, provide LANDLORD
with proof of payment of such tax.
624923 11
•
11. Rules and Regulations. TENANT shall faithfully observe and comply
with all the rules and regulations that LANDLORD shall from time to time reasonably
promulgate. LANDLORD reserves the right from time to time to make all reasonable
modifications to said rules and regulations: The additions and modifications to those rules and
regulations shall be binding.upon TENANT upon delivery of a copy thereof to TENANT. This
Paragraph shall be subject to the terms and conditions contained in Paragraph 7F.
12. Holding Over. If TENANT remains in possession of the Premises or
any part thereof after the expiration of the term hereof, with the express written consent of
LANDLORD, such occupancy shall be a tenancy from month-to-month.
13. Entry by LANDLORD. TENANT hereby agrees that representatives
of the LANDLORD, as designated by LANDLORD's City Manager, shall, during normal
business hours, have the right to enter the Premises and inspect the same to determine if the
same complies with each and every term and condition of this Lease and with all applicable
City, County, State and Federal laws, rules, ordinances and regulations relating to building
occupancy and the conduct of TENANT's business, provided LANDLORD gives TENANT no •
less than seventy-two (72)hours prior written notice, and subject to escort by TENANT.
TENANT hereby waives any claim for damages or for any injury or inconvenience to or
interference with TENANT's business, any loss of occupancy or quiet enjoyment of the
Premises, and any loss occasioned thereby, except to the extent any such injury or property
damaged is caused by the LANDLORD's negligence or willful misconduct. LANDLORD shall
at all times have and retain a key with which to unlock any entrances to any perimeter .
enclosures (fencing, etc.) surrounding TENANT's facilities. It is expressly agreed that •
LANDLORD shall not utilize such key to TENANT's facilities, except in cases of emergency
likely to result in immanent peril to life or property, and TENANT expressly waives any and all
damages which might occur to TENANT's facilities including, but not limited to, damages
arising from fire, explosion or earthquake, as a result of such limitation applicable to use of said
key. Any entry to the Premises obtained by LANDLORD, as provided above, shall not, under
624923 12
- i
any circumstances, be construed or deemed to be a forcible or unlawful entry into, or a detainer
of, the Premises, or an eviction of TENANT from the Premises or any portion thereof.
14. Default. The occurrence of any one or more of the following events
shall constitute a default and breach of this Lease by TENANT:
A. Vacating or abandonment of the Premises by TENANT for a period
of six(6)months;
B. The failure by TENANT to make any payment of rent or any other
payment required to be made by TENANT hereunder, as and when due, where such failure.
shall continue for a period of seven(7) days after TENANT'S receipt of mailed written notice
thereof by registered letter from LANDLORD to TENANT, which shall be deemed to have
been received within 48 hours after the post mark;
C. A failure by TENANT to observe or perform any of the covenants,
conditions or provisions of this Lease to be observed or performed by TENANT, other than as
described in subparagraph 14.B., above, where such failure shall continue for a period of thirty
(30) days after TENANT'S receipt of mailed written notice thereof by registered letter from
LANDLORD to TENANT, which shall be deemed to have been received within 48 hours after
the post mark; provided, however, that if the nature of the default involves such that more than
thirty(30) days are reasonably required for its cure, then TENANT shall not be deemed to be in
default if TENANT commences such cure within such thirty(30) day period and thereafter
diligently prosecutes said cure to completion; or
D. The making by TENANT of an y g eneral assignment or general
arrangement for the benefit of creditors, or the filing by.or against TENANT of a petition to
have TENANT adjudged a bankrupt, or a petition or reorganization or arrangement under any
law relating to bankruptcy (unless, in the case of a petition filed against TENANT, the same is
dismissed within sixty(60) days); or the appointment of a trustee or a receiver to take
possession of substantially all of TENANT's assets located in or about the Premises or of
TENANT's interest in this Lease, where possession is not restored to TENANT within thirty
(30) days; or the attachment, execution or other judicial seizure of substantially all of
624923 13
TENANT's assets located in or about the premises or of TENANT's interest in this Lease,
where such seizure is not discharged in thirty (30)days.
15. Remedies in Default. In the event of any such material default or
breach by TENANT (after notice and required cure period), LANDLORD may at any time
thereafter and without notice or demand and, without limiting LANDLORD in the exercise of a
right or remedy LANDLORD may have by reason of such default or breach:
A. Terminate TENANT's right to possession of the Premises by any
lawful means, in which case this Lease shall terminate and TENANT shall immediately
surrender possession of the Premises to LANDLORD. In such event,LANDLORD shall be
entitled to recover from TENANT all damages incurred by LANDLORD by reason of
TENANT's default including,but not limited to, the cost of recovering possession of the
Premises, expenses of reletting, including necessary renovation and alteration of the Premises,
for reasonable attorneys'fees and costs, any real estate commission actually paid, or the worth
at the time of award by the court having jurisdiction thereof of the amount by which the unpaid
rent for the balance of the term after the time of such award exceeds the amount of such rental
loss for the same period that TENANT proves could be reasonably avoided. Unpaid
installments of rent or other sums shall bear interest from due date thereof at the rate of
eighteen percent (18%) per annum or at the maximum legal rate then in effect in California,
whichever is higher. In the event TENANT shall have abandoned the Premises, LANDLORD
shall have the option of(1) taking possession of the Premises and recovering from TENANT
the amount specified in this subparagraph, or (2) proceeding under the provisions of the
following subparagraphs.
B. Maintain TENANT's right to possession, in which case this Lease
shall continue in effect whether or not TENANT shall have abandoned the Premises. In such
event, LANDLORD shall be entitled to enforce all of LANDLORD'S rights and remedies under
•
this Lease, including the right to recover rent as it becomes due hereunder.
C. Pursue any other remedy now or hereafter available to LANDLORD
under the laws or judicial decisions of the State of California. Furthermore, TENANT agrees
•
624923 14
•
•
that no election by LANDLORD as to any rights or remedies available hereunder or under or
•
pursuant to any law or judicial decisions of the State of California shall be binding upon
LANDLORD until the time of trial of any such action or proceeding. Notwithstanding the
provisions of Section 15.A., above, if an event of default by TENANT occurs, LANDLORD
shall not have the right, prior to the termination of this Lease by a court of competent
jurisdiction, to re-enter the Premises and/or remove persons or property therefrom.
D. Notwithstanding any provision herein to the contrary, a revocation by
the City of Seal Beach of any required permit or approval shall not constitute an electable
remedy for purposes of this paragraph 15.
16. Eminent Domain. If more than fifty percent (50%) of the Premises
shall be taken or appropriated by any public or quasi-public authority under the power of
eminent domain, either party hereto shall have the right, at its option, to terminate this Lease,
and LANDLORD shall be entitled to any and all income, rent, award, or any interest therein
whatsoever which may be paid or made in connection with such public or quasi-public use or
purpose, and TENANT shall have no claim against LANDLORD for the value of any unexpired
term of this Lease. If either less than or more than fifty percent(50%) of the Premises is taken,
and neither party elects to terminate as herein provided, the rental thereafter to be paid shall be
equitably reduced.
17. Offset Statement. TENANT shall, at any time and from time to time
upon not less than thirty(30) days' prior written notice from LANDLORD, execute,
acknowledge and deliver to LANDLORD a statement in writing (a)certifying that this Lease is
unmodified and in full force and effect or, if modified, stating the nature of such modification
and certifying that this Lease, as so modified, is in full force and effect and the date to which the
rental and other charges are paid in advance, if any, and (b) acknowledging that there are not,
to TENANT's knowledge, any uncured defaults on the part of LANDLORD hereunder, or
specifying such defaults if any are claimed. Any such statement may be relied upon by any
prospective purchaser or encumbrancer of all or any portion of which the Premises are a part.
624923 15
18. Assignment and Subletting. TENANT shall not assign, sublet or
transfer this Lease or any right hereunder to any other party or parties nor shall TENANT I
sublet all or any portion of the Premises without first obtaining the written consent of
LANDLORD, which shall not be unreasonably withheld, conditioned, or delayed, it being
understood, however,that LANDLORD hereby consents to TENANT's sublease of space
'within a portion of the Premises to another cellular or PCS provider for the installation of
communications equipment and related cabling. Any other assignment or subletting of the
Premises without such prior written consent shall be void for all purposes and LANDLORD
may, at its option, declare a forfeiture of the same in any manner provided by law.
Notwithstanding the foregoing, however, TENANT shall not require LANDLORD's consent in
order to assign or transfer this Lease or any portion of the Premises, to any"affiliate" of Los
Angeles SMSA Limited Partnership, and its successors and assigns ("LASMSA"), or to any
partnership in which LASMSA or any"affiliate" of LASMSA participates, provided TENANT
provides LANDLORD with thirty(30) days prior written notice, As used herein, an"affiliate"
of LASMSA shall mean any entity which controls, is controlled by, or is under common control
with LASMSA. Consent to any other assignment, transfer or subletting shall be at
LANDLORD's sole discretion and LANDLORD is not required hereunder to consent to any
such proposed assignment, transfer or subletting of the Premises. Notwithstanding the
aforementioned, TENANT's ability to sublet the Premises as provided for herein, shall be
subject to the terms and conditions as provided for in Paragraph 4 G.
19. Attorneys' Fees. In the event that any action or proceeding is brought
by either party to enforce any term or provision of this Lease, the prevailing party shall recover •
its reasonable attorneys' fees and costs incurred with respect thereto.
20. Fixtures. All trade fixtures and/or temporary facilities installed or on the
Premises by TENANT may be removed by TENANT at any time during the term of this Lease
so long as the same may be removed without permanent damage to the Premises. TENANT
shall repair all damage which may result therefrom to the reasonable satisfaction of
LANDLORD.
624923 16
21. Indemnification. TENANT agrees to defend, indemnify and hold
•
LANDLORD and its elected officials, officers, agents and employees free and harmless from all
liabilities and claims for damage to persons or property by reason of TENANT's negligence or
TENANT's acts or those of TENANT's employees, agents, subtenants, guests or invitees in
connection with TENANT's use and occupancy of the Premises. This paragraph shall not apply
to any claim to the extent arising from or in connection with any negligent or willful misconduct
of the LANDLORD or of any agent, servant or employee of the LANDLORD.
22. Insurance. \�'
A. Fire and Extended Coverage- TENANT's Duty to Keep \��
Improvements Insured. Throughout the term hereof, at TENANT's sole cost and expense,
TENANT shall keep or cause to be kept insured, all of TENANT's improvements located on or
appurtenant to the Premises against loss or damage by fire and such other risks as are now or
hereafter included in an extended coverage endorsement in common use for such structures,
including vandalism and malicious mischief. The amount of insurance shall be the then .
replacement cost, excluding costs of replacing excavations and foundations but without
deduction for depreciation(herein called "full insurable value"). LANDLORD shall not carry
any insurance the effect of which would be to reduce the protection or payment to TENANT
under any insurance that this Lease obligates TENANT to carry. If any dispute as to whether
the amount of insurance complies with the above cannot be resolved by agreement,
LANDLORD may, not more than once every three(3) months, request the carrier of the
insurance then in force to determine the full insurable value as defined in this provision, and the
resulting determination shall be conclusive between parties for the purposes of this paragraph.
TENANT shall include the holder of any mortgage on the Lease as a loss payee to the extent of
that mortgage interest.
B. Commercial General Liability Insurance. Throughout the term
hereof, at TENANT's sole cost and expense, TENANT shall keep or cause to be kept in full
force and effect, for the mutual benefit of TENANT, and LANDLORD as an additional insured,
commercial general liability insurance against claims and liability for personal injury, death, or
624923 17
•
property damage arising from the use, occupancy, disuse, or condition of the Premises,
improvements, or adjoining areas or ways, providing protection of at least Two Million Dollars
($2,000,000.00) per occurrence for bodily injury or death, and at least Five Hundred Thousand
Dollars($500,000.00) for property damage. Any policies containing an annual general
aggregate shall be subject to LANDLORD's prior approval.
C. Policy Form. Contents and Insurer. All insurance required by
express provision of this Lease shall be carried only in responsible insurance companies.licensed
to do business in the State of California with a current A.M. Best rating of no less than A:VII.
• All such policies shall contain language to the effect that: (1) the policies are primary and
noncontributing with any insurance that may be carried by LANDLORD; (2) they cannot be
canceled or materially altered except after thirty(30) days'notice by the insurer to
LANDLORD; (3) the CITY OF SEAL BEACH and each of CITY's elected officials, officers
and employees are additional insureds; (4) any failure by TENANT to comply with reporting or
other provisions of the policies including breaches of warranties shall not affect the required
coverage; and (5)the required insurance applies separately to each insured against whom claim
is made or suit is brought, except with respect to the limits of the insurer's liability. TENANT
shall furnish LANDLORD with copies of all certificates and endorsements evidencing the
insurance. TENANT may effect for its own account any insurance not required under this
Lease.
D. Failure to Maintain Insurance;Proof of Compliance. TENANT
shall deliver to LANDLORD, in the manner required for notices, copies of endorsements to all
insurance policies required by this Lease, within the following time limits: (1)For insurance
required at the commencement of this Lease, within twenty(20)days after execution of this
Lease and prior to TENANT's occupancy of the Premises; (2)For insurance becoming
required at a later date, at least ten (10) days before that requirement takes effect, or as soon
thereafter as the requirement,if new, takes effect;(3)For any renewal or replacement of a
policy already in existence, prior to expiration or other termination of the existing policy.
624923 18
If TENANT fails or refuses to procure or maintain insurance as required by this •
Lease, or fails or refuses to furnish LANDLORD with required proof that the insurance has
been procured and is in full force and paid for, LANDLORD shall have the right, at
LANDLORD's election and on ten (10) days'written notice, to procure and maintain such
insurance. The premiums paid by LANDLORD shall be treated as added rent due from
TENANT with interest at the rate of eighteen percent(18%) per year or the maximum
allowable legal rate in effect in the State of California on the date when the premium is paid,
whichever is higher, to be paid on the first day of the month following the date on which the
premium was paid. LANDLORD shall give TENANT prompt notice and provide TENANT
with a certificate of insurance and agent's invoice evidencing payment of such premiums,
stating the amounts paid and the names of the insurer or insurers, and interest shall run from the
effective date of coverage.
23, Authority of Parties. Each individual executing this Lease on behalf of
each party represents and warrants that he or she is fully authorized to execute and deliver this
Lease on behalf of such party and that this Lease is binding upon such party in accordance with
its terms.
24. Waiver. The waiver by LANDLORD of any term, covenant or
condition herein contained shall not be deemed to be a waiver of such term, covenant or
condition on any subsequent breach of the same or any other term, covenant or condition herein
contained. The subsequent acceptance of rent hereunder by LANDLORD shall not be deemed
to be a waiver of any preceding breach by TENANT of any term, covenant or condition of this
Lease, other than the failure of the TENANT to pay the particular rental so accepted,
regardless of LANDLORD's knowledge of such preceding breach at the time of acceptance of
such rent.
25. Time. Time is of the essence of this Lease in each and all of its provisions
in which performance is a factor.
26. Late Charges. TENANT hereby acknowledges that late payment by
TENANT to LANDLORD of rent or other sums due hereunder will cause LANDLORD to
624923 19
incur costs not contemplated by this Lease, the exact amount of which will be extremely
•
difficult to ascertain. Such costs include, but are not limited to, processing and accounting
charges. Accordingly, if any installment of rent or of a sum due from TENANT shall not be
received by LANDLORD or LANDLORD's designee within ten (10) days after written notice
that said amount is past due, then TENANT shall pay to LANDLORD a late charge equal to
ten percent(10%)of such overdue amount. The parties hereby agree that such late charges
represent a fair and reasonable estimate of the cost that LANDLORD will incur by reason of
the late payment by TENANT. Acceptance of such late charges by LANDLORD shall in no
event constitute a waiver of TENANT's default with respect to such overdue amount, nor
prevent LANDLORD from exercising any of the other rights and remedies granted hereunder.
27. Inability to Perform. This Lease and the obligations of TENANT
hereunder shall not be affected or impaired because LANDLORD is unable to fulfill any of the
obligations hereunder or is delayed in doing so, if such inability or delay is caused by reason of
strike, war, civil insurrection, acts of God, or any other cause beyond the reasonable control of •
LANDLORD.
28. Sale of Premises by LANDLORD. In the event of any sale or
conveyance of LANDLORD's property to which the Premises are part of(LANDLORD's
Property), LANDLORD shall be and hereby is entirely freed and relieved of all liability under
any and all of the covenants and obligations contained in or derived from this Lease arising out
of any act, occurrence or omission occurring after the consummation of such sale or
conveyance, except to the extent LANDLORD is in breach of any said covenant and/or
obligation under the Lease prior to any such conveyance. The purchaser, at such sale or any
subsequent sale of LANDLORD's Property, or other subsequent owner of LANDLORD's
Property, shall be deemed, without any further agreements between the parties or their
successors in interest or between the parties and any such purchaser, to have assumed and
agreed to carry out each and all of the covenants and obligations of LANDLORD under this
Lease.
624923 20
29. Signs. TENANT shall not place any sign upon the Premises without
LANDLORD's prior written consent and approval thereof.
30. Successors. Subject to the provisions of this Lease with respect to
assignment and subletting, each and all of the covenants and conditions of this Lease shall be
binding on and shall inure to the benefit of the successors of the respective parties.
31. Notices. Except where otherwise required herein, any notice required or
permitted under the terms of this Lease shall be deemed served when personally served on
TENANT or LANDLORD or when the same has been placed in the United States mail,
postage prepaid and addressed as follows:
TENANT: Los Angeles SMSA LANDLORD: City of Seal Beach
Limited Partnership, dba Attention: City Manager
Verizon Wireless 211 8th Street
P.O. Box 19707 Seal Beach, California 90740
Irvine, California 92623-9707
Attention: Supervisor,
X l0
Property Management
ooO -79 (
With a copy to: S _ 6
AirTouch Cellular
P.O. Box 19707
Irvine, California 92623-9707
Attn: Legal Dept.
(949) 222-7009
32. Execution by LANDLORD Not a Waiver. TENANT understands and
agrees that LANDLORD, by entering into and executing this Lease, shall not have waived any
right, duty, privilege, obligation or authority vested in the City of Seal Beach to approve,
disapprove or conditionally approve any application which TENANT may be required to make
under any laws, rules, ordinances or regulations now or hereafter in effect which said City may
be empowered to apply, including, but not limited to any use permit or approval, whether
similar in nature or not.
624923 21
33. Entire Agreement. This Lease contains the entire agreement between
the parties. No promise, representation, warranty, or covenant not included in this Lease has
been or is relied on by either party. Each party has relied on its own examination of this Lease,
the counsel of its own advisors, and the warranties, representations, and covenants in the Lease
itself. The failure or refusal of either party to inspect the Premises or improvements, to read the
Lease or other documents or to obtain legal or other advice relevant to this transaction
constitutes a waiver of any objection, contention, or claim that might have been based on such
reading, inspection, or advice.
34. Memorandum of Lease. At either party's request the parties shall properly
execute and secure notarization of a Memorandum of Lease substantially in the form of Exhibit"C."
Within 30 days of the expiration or earlier termination of this Lease,TENANT shall provide
LANDLORD with a Quit Claim Deed,releasing its interest in LANDLORD's Property, which shall be
recordable upon the expiration or earlier termination of this Lease. Any interested party should review
the actual Lease to determine specific terms and conditions.
•
624923
22
{ {
•
•
WHEREFORE, the parties hereto have entered into the Lease as of the date set
forth below opposite the name of each signatory hereto.
{
LANDLORD: TENANT:
CITY OF SEAL BEACH, a municipal LOS ANGELES SMSA LIMITED
corporation PARTNERSHIP,dba VERIZON
. WIRELESS by AirTouch Cellular its general
partner
By: �� By:
�j
Name: Donald F. Mclntyr Robert F. Swaine,Area Vice President,
Its: City Manager Network Southwest Area
•
•
624923 23
•
•
EXHIBIT"A"
Legal description of Landlord's Property
Also referred to as Assessor's Parcel Number 043-122-33
A portion of Block 210,Block 211,and 11`h Street, in Bay View Tract, as shown on a map
recorded in book 8,page(s)91,of Miscellaneous Maps,in the office of the County Recorder
of Orange County, California described as follows:
Beginning at the Southeast corner of Lot 17 of said Block 210, also being the Westerly right-
of-way line of 11th Street; thence Northwesterly along the Southwesterly line of said Lot 17,
117.5 feet to the Southwest corner of said Lot 17; thence Northeasterly along the
Northwesterly line of Lots 17, 19,21, 23, 25, 27,29, 31, 33,35, 37 and 39 of said Block 210, a
distance of 283.35 feet; thence Southeasterly parallel with the Southwesterly line of Lot 39
and its Southeasterly prolongation, a distance of 245 feet;thence Southwesterly,parallel with
the centerline of 11" Street as shown on the recorded map of said tract, a.distance of 248.35
feet to a a point; (said point being the point of intersection with the line,presently known as
the Northerly right-of-way line of Landing Avenue) thence Northwesterly parallel with said
Southeasterly prolongation of Lot 39 and along said right-of-way line of Landing Avenue and
its Northwesterly prolongation, 127.5 feet to a a point in the Westerly right-of-way line of said
I I`" Street; thence Southwesterly along said right-of-way line of 11' Street, 35 feet to the Point
of Beginning.
624923 24
• Exhibit "B" nPN: 093-122-33
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AND WHEN RECORDED RETURN TO:
AirTouch Cellular
P.O.Box 19707
Irvine,California 92623-9707
Attention: Legal Department
Site Name:NWS
(Space above this line for Recorder's use.)
MEMORANDUMf OF LEASE
THIS MEMORANDUM OF LEASE evidences that a lease was entered into as of ,20_,by and between
("LANDLORD"),and LOS ANGELES SMSA LIMITED PARTNERSHIP,dba VERIZON WIRELESS by AirTouch Cellular its
general partner("TENANT")concerning certain real property located at ,in the City of
County of ,State of California,within the property of LANDLORD which is described in Exhibit"A"attached hereto("LANDLORD's
Property"),together with a right of access and to install and maintain utilities,for an initial term of ( )years commencing on
,which term is subject to certain rights to extend by TENANT.Any.interested party should review the actual Lease to determine specific terms and
conditions.
IN WITNESS WHEREOF,LANDLORD and TENANT have duly executed this Memorandum of Lease Agreement as of the day and year first
above written.
LANDLORD: TENANT:
CITY OF SEAL BEACH,a municipal corporation LOS ANGELES SMSA LIMITED PARTNERSHIP,dba VERIZON
WIRELESS by AirTouch Cellular its general partner
By:
By: Robert F.Swaine,Area Vice President,Network
Name:Donald F. McIntyre Southwest Area
Its: City Manager
DO NOT SIG
Exhibit"C"
201693 26 •