HomeMy WebLinkAbout0007_2_Cell Tower Lease - Alberhill Ranch ParkSite: Alberhill Ranch Pa
Address: 28200 Lake Street. Lake Elsinore
COMMUNICATION SITE LEASE AGREEMENT
THIS COMMUNICATION SITE LEASE AGREEMENT (the "Lease"), made this 8tr'
day of March, 2016, is entered into by and between the CITY OF LAKE ELSINORE, a
municipal corporation. (hereinafter referred to as 'ol-andlord") and LOS ANGELES SMSA
LIMITED PARTNERSHIP DBA VERIZON WIRELESS (hereinafter referred to as "Tenant").
RECITALS
The following Recitals are a substantive part of this Lease:
A. Landlord owns certain real property legally described in Exhibit "A" attached
hereto and depicted in ExhibitooB" attached hereto. commonly known as Alberhill Ranch Park
generally located at 28200 Lake Street. Lake Elsinore. CA"92532; Assessor's Parcel Number 389-
020-056 (the "Property").
B. Tenant desires to construct and operate a wireless communications facility on a
portion of the Property.
C. Subject to tlie foregoing terms and conditions, Tenant desires to lease a portion of
the Property along with any necessary easements over other portions of the Property and/or shared
use of Landlord's easements over other real property necessary for Tenant's access and utilities to
the Lease Area (as defined below) for the purpose of constructing and operating a wireless
communication facility.
AGREEMENT
The parties agree as follows:
1. LEASE OF PREMISES. Landlord hereby leases to Tenant a portion of the Propefty,
which portion generally consists of (i) approximately 20' by 13'-4" area comprising approximately
two l.rundred and sixty-seven (267) square feet of exterior ground space (the "Lease Area") located
on the Property, wliich Lease Area will be improved; (ii) a non-exclusive right for ingress and
egress fiom a public right-of-way. seven (7) days a week, twenty four (24) hours a day, over the
Property (the "Access Route") for the purpose of installation, operation and maintenance of
communications equipment; (iii) the right to install, maintain, replace and repair
telecommunication related \A,ires, cables. conduits and pipes underground and along a right-of-way
extending from the underground power trench to the Lease Area (the "Underground Telco
Trench"): and (iv) the right to install. maintain, replace and repair electrical power related wires,
cables. conduits and pipes underground to the Lease Area (the "Underground Power Trench").
The Lease Area, the Access Route, the Underground Telco Trench, and the Underground Power
Trench are hereinafter collectively referred to as the "Premises" and are depicted on the sheets
Cell 'Iou'er Lease - Alberhill Ranch Park
attached to Exhibit "C" attached hereto. In the event any public utility is unable to use either the
Underground Telco Trench and/or the Underground Power Trench. Landlord hereby agrees to
grant an additional right-of-wa1, either to Tenant or to the public utilitl' at no cost to Tenant.
provided. however. that such additional right-of--nay shall be as reasonably designated by
Landlord and shall not unreasonably interfere with the primary purpose of the Property as a pr.rblic
park.
2, PERMITTED USE/ALTERATIONS AND ADDITIONS.
(a) Tenant shall r.rse the Premises exclusively for the transmission and reception of
communications signals and the installation. maintenance. operation, repair and replacement of its
communications fixtures which includes the Iist improvement structures] as generally depicted in
Exhibit "C" along with the related equipment" cables. accessories and improvements (collectivell,.
the "Communication Facility") and uses incidental thereto in accordance with this Lease and in
compliance with all applicable law-s and for no other purpose. Before commencing any subsequent
material alterations or improvements to the Premises (except for upgrades or replacenlents of "like-
kirrd" equiprnent which is comparable in dirnensions and weight. or equipn-rent *'hich is
comparable in dimensions and weight and wholly contained within the Lease Area. Tenant shall
submit plar-rs and specifications to Landlord for Landlord's written approval. which approval shall
not be unreasonably withheld. conditioned or delayed.
(b) Prior to commencing an),' work (except fbr (i) routine maintenance or repairs. or
(ii) respondirrg to an emergency) related to the Communication Facility improven"lents or any other
improvements approved by Landlord. Tenant shall endeavor to notify Landlord in writing of the
expected commencement date. Landlord shall have the right thereafter to post and rnaintain on
the Prentises such notices as Landlord deems necessary to protect Landlord and the Premises frorn
tuechanics' liens. materialmen's liens or any other applicable liens. Tenant shall pay, wl-ren dr"re"
all claims fbr labor and materials furnished to or for Tenant for use in improving the Premises.
Tenant shall pay" when due. all claims for labor or materials furnished to or for Tenant at or fbr
Ltse on the Prernises. which claims are or may be secured by any mechanics' or materialmen's lien
against the Premises or any interest therein. If Tenant. in good faith. contests the validity of any
sr,rch lien. claiu or demand. then Tenant shall. at its sole expense. defend itself and Landlord
against the same and shall pay and satisfy any such adverse judgment that may be rendered thereon
betbre the enforcement thereof against Landlord or the Premises.
(c) Tenant's performance under this Lease is conditioned upon Tenant obtaining. at its
sole expense, all governmental licenses, permits and approvals enabling Tenant to construct and
operate i,r'ireless communications facilities on the Premises. Prior to the commencement of
construction of anv improvements on the Premises. Tenant shall. without limitation. apply for and
secllre the fbllowing. and pay all costs. charges and fbes associated with any perntits and fbes
required by the City of Lake Elsinore. the County of Riverside. and any other governmental agency
having .iurisdictiorr. Landlord agrees to cooperate w,ith Tenant's reasonable requests fbr
Landlord's signatures as real property owner on permit applications, for allowing site inspections
by governtrental agencies required in connection with reviewing permit applications, and fbr
cooperative assistance in obtaining such necessary approvals. provided tl'rat such cooperation and
assistance sliall be at no expense to Landlord and upon the express understanding that the execution
of this Lease does not constitute the granting of or a commitment to obtain any required land use
permits. entitlentents or approvals required by the City of Lake Elsinore.
3. TERM.
(a) The initial term of this Lease (''lnitial Tern-r") shall be five (5) years commencirrg
on the first day of the tnonth in which Tenant begins construction of the Communication Facility
on the Pretrises or tlle first day of the month that is three (3) months from the date of full execution
of this Lease. rvhichever occLrrs first ("Comn'lencement Date"). Tenant shall proruptly deliver
n'ritten notice to Landlord of the Comntencement Date.
(b) Tenant shall have the right to extend the Initial Term of this Lease for four (4)
additional terms (each a "Rerrewal Term") of five (5) years each. The terms and conditions fbr
each Reneu,al Term shall be the same ternls and conditions as irr this Lease. except that the Arurual
Rertt shall be increased as set fbrth herein below'. This Lease shall automatically be extended fbr
each successive f.ive (5) I'ear Renewal Term unless Tenant notifies Landlord ir-r w'riting of Tenant's
iutention ltot to extend this Lease at least thirtl,(30) days prior to the expiration of tlie Initial Ternr
or then existing Renewal Term.
(c)
"Term."
The lnitial Tertn. and the Renewal Term(s) are collectively ref-erred to as tlie
4.RENT.
(a) Upon the Comtnencement Date. Tenant shall pay Landlord in advance. as annual
rent. the sut't't of Thirty Thousand Dollars ($30.000.00) per year. which is subject to annual
adiustment by Landlord as provided belou'(the "Annual Rent"). The Annual Rent shall be dr"re
ar-rd payable from Tenant to Landlord. and Tenant shall pa1, such Annual Rent. in full on the
Commencement Date and thereafter on each anniversary of the Commencement Date without
otfset. in advance. Tenant shall rnake all payments to City at the fbllowing address:
City of Lake Elsinore
Adrninistrative Services Department
130 South Main Street
Lake Elsinore. CA 92530
(b) ThroughoLrt the Term on each anniversary of the Commencement Date. the Annual
Rent sl'rall increase by an amount equal to two and one-half percent (2.5%) of the Annual Rent
paid in the in-rn,ediately preceding year. By way of example. the Annual Rer-rt due on the first
anniversary of the Comrnencement Date shall be $30.750.00. the Annual Rent due on the second
anniversary of the Commencement Date shall be $31.518.75. and so on.
(c) Any and all sums in addition to the Annual Rent payable by Tenant to Landlord
pllrsuant to tlie provisions of this Lease or arising from Tenant's use and occupancy of the Premises
shall be deerned additional rent under this Lease and default by Tenant. after its receipt of written
t-totice ar-rd the expiration of all applicable cure periods. in the payment of any such sums shall
entitle Landlord to all the same remedies as would be applicable in the case of nonpayment of
Annual Rent hereunder.
(d) If Tenant fails to make any payment of Annual Rent, or other charges when due
and the failure is not cured within fifteen (15) days after Tenant's receipt of written notice of such
failure. it would be impracticable or extremely difficult to fix the actual damage to Landlord
resulting fiom such nonpayment and the collection efforts of Landlord necessitated thereby.
Therefore, Landlord and Tenant estimate that such damage shall be ten percent (10%) of the unpaid
amount, and Tenant shall pay, as additional rent. that sum. in addition to all other sums owing. In
addition. Tenant shall pay to Landlord, as additional rent. a fee of $45.00 for any check presented
by Tenant that is dishonored by the banking institution.
5. TERMINATION. This Lease may be terminated. without penalty or further liability, as
follows:
(a) by written notice from the non-defaulting party, if the defaulting party remains in
default under Paragraph 15 of this Lease after its receipt of written notice and the expiration of the
applicable cure periods:
(b) by Tenant upon written notice if, for any reason other than Tenant's lack of
reasonable diligence, Tenant is unable to obtain or maintain, any required approval(s) or the
issuance of a license or permit by any agency. board, court or other governmental authority
necessary for the installation and operation of the Communication Facility; or
(c) by Tenant on sixty (60) days written notice for any reason. other than (a) or (b)
above, or in paragraphs 1 9 or 20, below, so long as Tenant pays Landlord a termination fee equal
to three (3) months Annual Rent. at the then current rate.
6. INSURANCE. Tenant shall procure and maintain for the duration of the Term insurance
against claims for injuries to persons or damages to property which may arise from or in connection
with the Tenant's operation and use of the Prernises in accordance with the terms and conditions
of this Section 6. The cost of such insurance shall be borne bv Tenant.
(a) Minimum Scope of Insurance. fn" lnrrrunce required to be maintained
by Tenant shall provide coverage at least as broad as:
i. Insurance Services Office Commercial General Liability coverage
(occurrence form) or substantial equivalent.
ii. Workers' Compensation insurance as required by the State of Califomia and
Employer's Liability.
iii. Property insurance against all risks of loss to any the Communciation
Facility and Tenant's other improvements or betterments at the Premises.
iv. Automobile liability insurance covering all owned. non-owned and hired
vehicles.
4
(b) Minimum Limits of Insurance. Tenant shall maintain limits no less than:
i. General Liability: $5.000.000 per occurrence for bodily injury. and
propefiy damage and $5.000.000 general aggregate.
ii. Employer'sLiability: $1.000.000eachaccident/disease/policylimit.
iii. Property Insurance: Full replacement cost with no coinsurance penalty
provlslon.
iv. Automobile: $1,000.000 combined single limit each accident fbr bodily
injury and property damage.
(c) Other Insurance Provisions. The general liability policy shall:
i. Include Landlord. its officers. elected and appointed officials. and
employees as an additional insured as their interest may appear under this
Agreement.
ii. Be primary insurance as respects Tenant's operations. Any insurance or
self-insurance maintained by Landlord shall be excess of Tenant's
insurance and shall not contribute with it in this respect.
(d) Acceptability of Insurers. Insurance is to be placed with insurers with a cLrrrent
A.M. Best's rating of no less than A: VII.
(e) Verification of Coverage. Tenant shall furnish Landlord with original certificates
evidencing coverage required by this Section 6. All certificates are to be received by the Landlord
witliin tliirty (30) days after the Commencement Date.
(0 Subrogation Waiver. Landlord and Tenant hereby wail,e any rights of recovery
each may have against the other for any' loss or damage to Landlord or Tenant. or their respective
propertl'. the Premises or its contents arising from any risk typically insured by fire. extended
coverage and an,v other property insurance. The respective insurance policies will also conform
to such waivers.
7. INTERFERENCE.
(a) Landlord may grant. after the date of this Lease. a lease. license or any other rigl'rt
to an)'third party for the use of that portion of the Property not included in the Premises. if such
use does not adversely aflect or does not cause harmful interference which is measurable in
accordance with then existing industry standards to Tenant's then existing Communications
Facility'. and subject to further provisions hereof. Landlord will notify Tenant in rvriting prior to
granting any third party the right to install and operate communications equipment on the Property.
Provided that Tenant complies u'ith requirements set forth in Section 2. nothing contained herein
u'ill restrict Tenant nor its successors and assigns from installing and modifying its
communications equiprnent in a manner consistent with Exhibit "8" and in cornpliance with
applicable Laws.
5
(b) Landlord will not use" nor will Landlord pennit its employees, tenants. licensees.
invitees or agents to use" any porlion of the Property in any way tl-rat (i) unreasonably interferes
u'ith the operations of Tenant or the rights of Tenant under this Lease or (ii) causes harmful
interf-erence which is measurable in accordance with then existing industry standards to Tenant"s
then existing Communications Facility. To the extent possible. Landlord will caurse such
interfbrence to cease as soon as reasonably practicable. but in any event witl'rin seventy-two (72)
hours following notice from Tenant. Notwitl'rstanding the foregoing. Tenant acknowledges and
agrees that Landlord's Fire Department occupies other portions of the Property and operates
conrmunication equipment thereon. Tenant has had the opportunity to analyze the effect of such
existir-rg uses on its current use of the Premises and Tenant acknowledges that such existing uses
do not currently callse harmful interference which is measurable in accordance with then existing
industry standards to Tenant's then existing Communications Facility. Notwithstanding the
fbregoing and in recognition of the critical public safety mission carried out by Landlord's Fire
Department. under no circumstances shall the use of clrrrent or future communication eqr-ripment
b1'the Fire Department constitute a harniful interference r.l'ith the operations of Tenant irrespective
of industrl'standards. ln such circumstance. Tenant's sole remedy shall be to terminate this Lease.
8. INDEMNIFICATION.
(a) Tenant agrees to indemnifi,. def-end and hold Lar-rdlord. its elected and appointed
officials. officers. employees. agents and independent contractors. harrrrless from and against any
injurl'. loss. damage or liability rvhatsoever (or an1' clairns in respect of tlie foregoing). costs or
expenses (including reasonable attorneys' f-ees and coufi costs) to the extent arising out of or in
counectiot-t with the negliger-rce or i.villfirl misconduct of Tenant. its emplo_vees. contractors or
agents. except to the extent attributable to the negligent or intentional act or omission of Larrdlord.
its employees" agents or independent contractors.
(b) 'l'enant. as a rnaterial part of the consideration rendered to Landlord in entering into
this Lease. hereby r.l'aives all claims against Landlord for damages to Tenant's Comrnunication
Facilitf improvements and for death of or inj url' to Tenant. its agents. ernplol'ees. invitees or an),
third person in or about the Prernises from any callse except for Landlord's willfLrl or negligent
rurisconduct.
(c) Landlord agrees to indemnify. detbnd and hold Tenant. its employees. colltractors
atid agents. harmless frorn and against any and all injury, loss. damage or liability (or any claims
in respect of tl-re fbregoing). costs or expenses (including reasonable attorneys' f'ees and court
costs) arising out of the willful misconduct or negligence of Landlord or its ernployees or agents.
except to the extent attributable to the negligent or intentional act or omission of Tenant. its
employees. agents or independent contractors.
9. WARRANTIES.
(a) Tenant and Landlord each acknowledge and represent that it is duly organized.
validly existing and in good standing and l-ras the right. power and authority to enter into this Lease
and bind itself hereto through the party set fbrtl'r as signatory fbr the party below,.
6
(b) Landlord represents and warrants and covenants that: (i) as long as Tenant is not in
default underthis Lease after its receipt o1'written notice and the expiration of all applicable cure
periods. Tenant shall have actual. quiet and peaceful use. enjoyrnent and possession of the
Premises: and (ii) to the best of its current, actual knowledge. without investigation or inquiry,
Landlord's execution and perforrrance of this Lease will not violate any laws. ordinances.
covenants or the provisions of any mortgage, lease or other agreement binding on the Lar-rdlord.
(c) Except as otherwise set forth herein, Landlord makes no warranty. express or
implied. regarding the condition of the Property and/or the suitability of the Premises for the
installation and operation of Tenant's Comrnunication Facility. Tenant acknowledges and agrees
that tlie Premises are being leased in an "AS-IS" condition.
10. ENVIRONMENTAL. Landlord warrants and agrees that neither Landlorcl nor. to
Landlord's knowledge" any third party has used, generated. stored or disposed of. or permitted the
Llse. generation" storage or disposal of. any Hazardous Material (as defined below) on. under. about
or w'ithin Landlord's Property in violation of any law or regulation. Landlord and Tenant each
agree that they will llot Lrse. generate. store or dispose of any Hazardous Material on" under. about
or u'ithin Landlord's Property in violation of any law or regulation. Landlord and Tenant each
agree to defend and indemnity the other and the other's partners, affiliates, agents and employees
agairrst any and all losses. liabilities, claims and/or costs (including reasonable attorneys' f-ees and
costs) arising from any breach of any warranty or agreement contained in this paragraph.
"Hazardous Material" shall mean any substance, chemical or waste identified as hazardous, toxic
or dangerous in any applicable f'ederal, state or local law or regulation (including petroleum and
asbestos).
1 1. SPECIAL CONDITION RELATED TO TECHNOLOGY IMPROVEMENTS.
Tenant agrees that as equipment installed as part of this Lease needs replacement due to
obsolescence or the end of its useful lifb (as determined by Tenant. based on its sole and absolr.rte
discretion). that Ter-rant shall endeavor to ensure that such replacement will be done u'ith the least
visually and environrnentally impacting equipment readily available on the market. Accordingly.
rvith respect to equipment replacement within the public viewshed of the Property. Tenant shall
submit plans and specification for such equipment replacement to the City of Lake Elsinore for
review'and approval. u'hich approval shall not be unreasonabl5, withheld. Tenant agrees to employ
reasonable means to mitigate any view and noise impacts of such equipment.
12. RIGHT TO RETAIN [LIST IMPROVEMENTS]. Notwithstanding Section l3 below.
in contemplatior-r of the expiration of the Term. Landlord shall have the right to request that the
flmprovements] (along with ancillary improvements to the [mprovements]" including but not
lirnited to utilities improvements necessary for lighting and operation). not be removed fior-r.r tl're
Leased Area and shall remain upon and be surrendered witl-r the Premises as a part thereof at the
expiration or sooner termination of the Term.
I 3. REMOVAL. Except as provided in Section 12. all portions of the Communication Facility
brought onto the Property by Tenant w-ill be and remain Tenant's personal property and, at
Tenant's option. may be removed by Tenant at any time during the Term, provided. however. that
I-enant shall repair any damage to the Property caused by such removal and restore tl,e Premises
to substantially the same condition existing prior to Tenant's installation of such Communications
Facility improvements. reasonable wear and tear and casualty damage by others excepted.
Landlord covenants and agrees that no part of tl-re Communication Facility constructed. erected or
placed on the Prernises by Tenant will become, or be considered as being affixed to or a part of.
the Property" it being the specific intention of the Landlord that all improvements of every kind
and nature constructed, erected or placed by Tenant on the Premises will be and rernain the
property of the Tenant and may be removed by Tenant at any time during the Term. Within thirty
(30) days of the expiration or ninety (90) days after any earlier termination of this Lease, Tenant
w'il1 remove. at its expense. all of the Communications Facility improvements and shall surrender
the Premises to Landlord in substantially the same condition as existing prior to Tenant's
installatior-r of such Communications Facility improvements. reasonable wear and tear and casualty
damage b1, others excepted. Landlord acknor.l,ledges that Tenant may enter into financing
arrangements including promissory notes and financial and security agreements fbr the financing
of the Communications Facility (the "Collateral") with a third parly financing entity and may in
the future enter into additional financing arrangements with other financir-rg entities. In connection
therew'ith. Landlord (i) consents to the installation of the Collateral to the extent that the Collateral
is part of the approved Communications Facility and is otherwise in compliarrce rvith the terms
and conditions hereof; (ii) disclairns any interest in the Collateral. as f-rxtures or otherwise: and
(iii) agrees that the Collateral shall be exempt from execution. foreclosure. sale. levy. attachrnent.
or distress for any Annual Rent due or to become due and that such Collateral may be removed at
an1' time without recourse to legal proceedings provided that the Property is returned to
substantialll' the same condition existing prior to Tenant's installation of such Communications
Facilitf improvements. reasonable wear and tear and casualty damage excepted. Not',vitlistanding
the foregoing. prior to entering into an1, such f-rnancing arrangements. Tenant shall endeavor to
notify Landlord in writing of its intention to enter into such arrangentent and shall provide
Landlord i.vith all applicable documentation reasonably requested by Landlord evidencing such
arrangements. Tenant shall not enter into any financing arrangements which would intpair tlie
rigl-rts of Landlord hereunder and in no event shall sr-rch arrangements apply to the Premises or the
Property'. In the event that any third party financing entity lorecloses on the Collateral or otherwise
takes over Tenant's operation of the Communications Facility such entity shall be bound by'and
shall compll' with all the terms and conditions of this Lease and shall execute an agreement
reasonably acceptable to Landlord assuming all of the obligations of Tenant herennder.
14. MAINTENANCE; UTILITIES.
(a) Except as provided in subparagraph (c). Tenant will keep and maintain the Lease
Area in good cor-rdition. subject to reasonable wear and tear and shall ensure that the Faux Light
Pole is provided regular maintenance due to its exposure to the elements. which maintenance shall
include periodic painting" repair and/or replacement of cornponents.
(b) Tenant will be solely responsible for and promptly pay all utilities charges for
electricity. telephone service or any other utility used or consumed by Tenarrt on tlie Prentises.
Landlord will fully cooperate with any utility company requesting a license over. under and across
the Property in order fbr the utility company to provide service to the Tenant.
8
(c) In recognition of the Faux Light Pole inherent public landmark qr,ralities and its
location u'ithin a public park. Lar-rdlord shall be responsible fbr pron-rptly' rernediating an1, graffiti
r,"ithirr the Lease Area in general and the fimprovements] in particular without additional cost to
Tenant.
I -5.DEFAULT AND RIGHT TO CURE.
(a) The follou,ing w'ill be deerned a default by Tenant and a breach of this Lease:
(i) non-payment of Annr"ral Rent (including additional rent) (as set fbrth in Section 4 hereof) if such
Annual Rent rernains unpaid for more than fifteen ( l5) days afier Tenant's receipt of written notice
of such failure to pay from Landlord; or (ii) Tenant's failure to perfbrm any other term or condition
under this Lease within thirty (30) days after Tenant's receipt of written notice from Landlord
specifying the failure. No such failure. however. will be deemed to exist if Tenant has comrnenced
to cure such default w.itl'rin such period and provided that such efforts are prosecuted to cornpletior.r
with reasonable diligence. Delay in curing a def'ault will be excused if due to causes beyor-rd the
reasouable control of Tenant. If Tenant remains in default beyond any applicable cure period.
Landlord u'ill har,'e the right to exercise any and all rights and remedies available to it under law
and equity. including the right to cure Tenant's default at Tenant's expense. Any reasonable costs
incurred by Landlord to cure a default of Tenant as set forth in tlie preceding sentence shall be
considered additional rent and shall be paid by Tenant to Landlord within thirty (30) days
fbllowing Landlord's written demand therefor.
(b) Lar-rdlord's failure to perfbrm any term or condition under tliis Lease u,ithin thirty
(30) days afler receipt of written notice fl'om Tenant specifying the failure will be deerned a default
bv Landlord and a breach of this Lease. No such failure. however. r,i'ill be deemed to exist if
Landlord has commenced to cure the default within such period and provided such ef'for1s are
prosecuted to con-rpletion with reasonable diligence. Delay in curing a default will be excused if
due to callses beyond the reasonable control of Landlord. If Landlord remains in default be.vond
any applicable cure period. Tenant will liave the right to exercise any and all rights available to it
under law and equit1,.
16. ASSIGNMENT/SUBLEASE. Tenant shall not, without Landlord"s prior. w'ritterr
consent. rvhich shall not be unreasonably withheld. conditioned or delayed. assign this Lease or
anv interest in this Lease or any right or privilege appurtenant hereto or permit use of the Premises
by any person or persons other than Tenant. its employees. agents. contractors and sub-contractors.
Consent b1'' Landlord to any assignment or subletting shall not constitute consent to an), subsequent
assignment or subletting. Notwithstanding the foregoing to the contrary. tliis Lease n'ray be sold.
assigned or transf-erred by Tenant rvithout arly approval or consent of Landlord to Tenant's
principal. affiliates. sLrbsidiaries of its prir-rcipal or to any entity which acquires all or substantialll,
all of Tenant's assets in the market defined by the Federal Communications Comruission in which
the Property is located by reason of a merger. acquisition or other business reorganization. Any
assignee. sublessee or transferee shall agree for the benefrt of Landlord to be bound by. assunte
ar,d perfbrm all the terms. covenants and conditions of this Lease. No change of stock ownership.
partnersl-rip interest or control of Tenant or transfer upon partnership or corporate dissolution of
Tenant shall constitute an assignment hereunder.
9
17. NOTICES. All notices hereunder must be in writing and shall be deemed validl.v given if
seltt by certitled or registered mail. retlrrn receipt requested. or by a recognized overnight courier,
postage prepaid" to be effective upon actual receipt or refusal as shown on the receipt obtained
pLlrsLlant to the foregoing. Notice will be addressed to the parties at the addresses set I'orth below:
Tenant:Los Angeles SMSA Limited Partnership dba Verizon Wireless
180 Washington Valley Road
Bedminster. NJ 07921
Attn: Network Real Estate
City of Lake Elsinore
Attn: City Manager
130 S. Main Street
Lake Elsinore. CA 92530
Either party l-rereto may cliange the place for the giving of notice to it by written notice to
the other as provided herein.
18. SEVERABILITY. If an1' term or condition of this Lease is fbund unenforceable. the
remaining terms and conditions will remain binding r"rpon the pafties as though said unenforceable
provision were not contained herein.
19. CONDEMNATION. In the event Landlord receives notification of any condernnation
proceedings affecting the Prernises. Landlord will provide notice of the proceeding to Tenant
within ten ( l0) da1's. If a condemning authority takes all of the Property. tliis Lease will terminate
as of the date the title vests in the condemning authority. If as a result of a partial condemnation
of the Premises or the Property, Tenant determines, in Tenant's sole discretion, tliat it is unable to
use the Prernises for the purposes intended hereunder. or if such condemnation may reasonably be
expected to disrupt Tenant's operations at the Premises for more than forty-five (45) days. Tenant
ntay" at Tenant's option. to be exercised in writing r.,n,ithin fifteen (15) business days after Tenant
receives Landlord's written notice of sucl-r condemnation (or in the absence of such notice. within
flfieen (15) business day's after the condemning authority shall have taken possession) terminate
this Lease as of tl-re date the condemning authority takes such possession. All avnards for the taking
of any part of the Premises or proceeds from the sale made under the threat of the exercise of the
pow'er of entirrent domain sliall be the property of Landlord. provided that Tenant shall be entitled
to an)' award for loss of or dantage to Tenant's fixtures and removable personal properly and
reasonable moving and relocation expenses if awarded against the condemning authority. Tenant
will be entitled to reimbursement fbr any prepaid Annual Rent.
20. CASUALTY. Landlord will provide notice to Tenant of any casualty affecting the
Premises w'ithin ten (10) days of the casualty. Consistent with paragraph 6(t) of this Lease,
Landlord shall not be required to repair any injury or damage, by fire or other casualty, to the
property of Tenant. or to make repairs or replacements of any Communication Facility or other
it-nprovemerrts installed on the Premises by or for Tenant. If any parl of the Communication
Facility or Premises is darnaged by fir'e or other casualty so as to render the Premises unsuitable,
in Tenant's reasonable determination. then Tenant may terminate this Lease by providing written
Landlord:
10
notice to the Landlord no later than thirty (30) days following Tenant's receipt of Landlord's notice
of casualty (or in the absence of such notice. within thirty (30) days after the casualty event). which
termination will be effective as of the date of Tenant's notice of termination. Upon such
termination. Tenant will be entitled to collect all insurance proceeds payable to Tenant on account
thereof and to be reimbursed for any prepaid Rent.
21. WASTE, NUISANCE. Tenant shall not use the Premises in any manner that may result
in waste or the creation of a nuisance. and Tenant shall maintain the Premises free of any
objectionable and unreasonable noises, odors or disturbances. Tenant's use as permitted hereunder
shall not be deemed a nuisance or to create unreasonable noises. odors or disturbances.
22. TAXES.
(a) Tenant shall pay prior to delinquency all taxes, assessments, license f'ees and other
public charges levied. assessed or in-rposed or which become payable during the Term of this Lease
upon any of Tenant's Communication Facility improvements and all other equipment and personal
property of Tenant installed or located upon or about the Premises. Whenever possible, Tenant
shall cause such property to be separately assessed. If. however, any or all of such items sliall be
assessed and taxed with the Landlord's real property. Tenant shall pay to Landlord such taxes as
are attributable to Tenant's Communication Facility improvements and all other equipment and
personal property of Tenant located at the Premises within thirty (30) days after receipt of an
invoice from Landlord advising Tenant of the taxes applicable to Tenant's property together with
a copy of the tax bill.
(b) Tenant recognizes and understands that this Lease may create a possessory interest
pursuant to California Revenue and Taxation Code Section 107 and as such this Lease may result
in tlie assessment of property taxes against the Premises by the County of Riverside. Tenant shall
pay, prior to delinquency. any possessory interest taxes assessed against Tenant's interest in the
Premises or Tenant's interest in the underlying realty during the Term.
(c) Tenant shall pay any business tax or license fee imposed upon its operation or its
interest under this Lease by any applicable governmental authority.
23. ENTRY BY LANDLORD. Tenant shall permit Landlord and Landlord's agents to enter
the Premises at all reasonable times after Tenant's receipt of written notice from Landlord (which
notice shall not be required in the event of an emergency) and with a representative of Tenant
present (unless Tenant elects not to require the presence of sucl-r representative) for the purpose of
inspecting the same" or for the purpose of posting notices of non-responsibility for alterations"
additions or repairs. Landlord ackr-rowledges and agrees that Tenant's equipment and
improvements are highly sensitive. Accordingly, it is agreed, that only authorized engineers.
employees or properly authorized contractors of Tenant or persons under their direct supervision
will be permitted to handle or touch Tenant's equipment and improvements.
24. HOLDING OVER. If Tenant should remain in possession of the Premises after the
expiration of the removal period described in Section 13 above without executing a new.agreement
or unless the parties are negotiating a new lease or lease extension in good faith, then such holding
11
over shall be construed as a tenancy from year-to-year, subject to all conditior-rs" provisions and
obligations of this Lease insofar as they are applicable to a year-to-year tenancy. except the Annual
Rerrt shall be increased to one l-rundred and ten percent (110%) of the Annual Rent applicable
dr"rring the vear immediately preceding sucli expiration or earlier termination.
2.5. ATTORNEYS' FEES. In the event of any legal action or proceeding between the parties.
the prevailing party shall be entitled to reasonable attorneys' fbes and expenses as a part of tlie
.i udgrnent resulting therefrom.
26. NO PRECEDENTIAL VALUE TO EITHER PARTY. The terms and conditions of
this Lease are specific to this particular transaction and this Lease shall not have any precedential
value to either party.
27, MISCELLANEOUS.
(a) Amendment; Waiver. This Lease cannot be arnended. modified or revised unless
done in writing and signed by an authorized signatory of the Landlord and an authorized signatorl,
of the Tenant. No provisionma) be rvaived except in ar,lriting signed bv bothparties.
(b) Short Form Lease. Either party will, at any time upon f-rfteen (15) days prior
u'ritten notice from the other. execute. acknowledge and deliver to the other a recordable
Memorandur.n of Lease in form reasonably acceptable to both parties. Either pafiy nlay record this
nrerrorandum at any time" in its absolute discretion.
(c) Successors and Assigns. The temrs and conditions contained in this Lease shall
bind and inure to the benefit of the parties. tl-reir respectir,,e heirs. execlltors. administrators.
sLlccessors and assigns.
(d) Entire Agreement. This Lease and the exhibits attached hereto. all being a part
hereof. corlstitLlte the errtire agreement of the parties hereto and will supersede all prior ofltrs"
negotiations and agreements.
(e) Governing Larv. This Lease r.vill be governed by the lau's of the State of
Califbrnia" without regard to conflicts of law.
(f) Interpretation. Unless otherwise specified. the fbllowing rules of construction and
interpretation apply: (i) captions are for convenience and ref-erence only' and in no way define or
lintit the construction of the ternrs and conditions hereofl (ii) use of the ternt "including" w,ill be
interpreted to mean "including br.rt not limited to"': (iii) w-henever a part).'s consent is required
under this Lease. except as othenvise stated in the Lease or as same rrray be duplicative. such
coltsent will not be unreasonably withl-reld. conditioned or delayed; (iv) exhibits are an integral
part of the Lease and are incorporated by ref'erence into this Lease: and (vi) reference to a default
will take into consideration any applicable notice. grace and cure periods.
(g) Estoppel. Either party will. at any time upon thirty (30) days prior written notice
fl'om the other. execllte. acknowledge and deliver to the other a statement in writirrg (i) certifying
12
that this Lease is unmodified and in full fbrce and efl-ect (or. if modified. stating the nature of suclt
rnodification and certilying this Lease. as so modified. is in full force and effect) and the date to
which the rent and other charges are paid in advance" if any. and (ii) acknowledging that there are
not. to such party's knowledge. any uncured defaults on the part of the other party hereunder. or
specifying such defaults if any are clairned. Any such statement may be conclusively relied uporr
by any prospective purchaser or encumbrancer of the Premises.
(h) No Option. The submission of this Lease for examination or consideration does
not constitute a reservation of or option for the Premises. This Lease will become effective only
upon the legal execution and delivery hereof by Landlord and Tenant.
(i) Time is of the Essence. Time is of the essence in this Lease.
(j) Relationship of Parties. The relationship of the parties hereto is that of Landlord
and Tenant and it is expressly understood and agreed that Landlord is not in any way or for any
purpose a pafiner of Tenant, or a joint ventllrer with Tenant in the conduct of Tenant's business or
otheru'ise.
13
IN WITNESS WHEREOF. the undersigned have caused tliis Lease to be executed as of
the dates set fbrth belor.l.
..LANDLORD'
CITY OF LAKE ELSINORE, a municipal
corporation
Dated:
Grant Yates. City Manager
ATTEST:
CITY CLERK
Susan Domen. City Clerk
APPROVED AS TO FORM:
Barbara l-eibold. Citv Attornev
..TENANT''
LOS ANGELES SMSA LIMITED
PARTNERSHIP dbaVERIZON WIRELESS
By: AIR TOUCH CELLULAR. its
general partner
Dated:B),:
Harold W. Navarre. Executive
Director
By:
B)':
B)':
14
EXHIBIT ..A"
PROPERTY LEGAL DESCRIPTION
[Attached Sheets I through 2 ]
EXHIBIT ..B''
PREMISES DEPICTIONS
[Attach Sheets 1 through _2_]
Vicinity Map and Aerial Map
EXHIBIT'OC''
IMPROVEMENT DEPI CTIONS
[Attach Sheets 1_ through 1_]
The Lake Elsinore Plar-rning Commission approved project plans dated October 6.2015 fbr
Conditional Use Pennit No. 2015- 10.
Plan Sheets:
Tl - Title Sheet & Project Data
LS-l - Site Survev
A-1 - Overall Site Plan
A-2 - Er-rlarged Site & Antenna Plan
A-3 - Landscaping & Irrigation Plan
A-4 - Elevations
A-5 - Eler,'ations