CONTRACT 3368 Leasing Agreement ..
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Cell Site Number: LA60XC361E
Address: 400 Lomita Street,El Segundo,CA 90245
LEASE AGREEMENT
THIS LEASE AGREEMENT ("Agreement"), dated as of the date below, is entered into by the City of El Segundo, a
municipal corporation, with a Tax ID# of 95-6000706, having its principal office/residing at 350 Main St. El Segundo, CA
90245 (hereinafter referred to as "Landlord") andSprint PCS Assets,L.L.C., a Delaware limited liability company, with a Tax
ID#of 33-0783955 having an office at 18200 Von Karman Ave.,Suite 100,Irvine,CA(hereinafter referred to as"Tenant").
BACKGROUND
Landlord owns that certain plot, parcel or tract of land, together with all rights and privileges arising in connection
therewith, located at 400 Lomita Street,El Segundo,Los Angeles County, State of California as further described on the Legal
Description of the property attached hereto as Exhibit A (collectively "Property"). Tenant desires to use a portion of the
Property in connection with its federally licensed communications business.
The parties agree as follows:
1. LEASE OF PREMISES. Landlord leases to Tenant portions of the Property consisting of(a)ground space of
approximately 108 square feet and(b)space on the structure and such easements as are necessary for the antennas and initial
installation as described on attached Exhibit B (collectively, "Premises").
2. PERMITTED USE. Tenant may use the Premises for the transmission and reception of communications signals and
the installation, maintenance, operation, repair and replacement of its communication fixtures and related equipment, cables,
accessories and improvements (collectively the"Communication Facility") and any other items necessary to the successful and
secure operation of the Communication Facility, as substantially described in Exhibit B; such use includes the right to test,
survey and check title on the Property. Landlord's execution of this Agreement will signify Landlord's approval of Exhibit B.
Tenant has the right to make Property improvements, alterations or additions ("Tenant Changes") consistent with the building
and facility specifications attached hereto as Exhibit B. Prior to the initial installation of Tenant's Changes,Tenant will supply
the Landlord with plans and specifications consistent with Exhibit B ("Plans") to be reviewed and approved by the Landlord
prior to commencement of Tenant's Changes. Landlord's approval will not be unreasonably withheld. After approval, the
Plans will be considered incorporated in this Agreement as Exhibit C. If the Landlord disapproves the plans then the Tenant
will provide the Landlord with revised plans. In the event Landlord disapproves of the Plans upon a second (2nd) submission,
Tenant may terminate this Agreement. Landlord will not knowingly permit or suffer any person to copy or utilize the Plans for
any purpose other than as provided in this Agreement except to the extent provided by the Public Records Act and other
applicable law. Tenant agrees to comply with all applicable governmental laws, rules, statutes and regulations, relating to its
use of the Communication Facility on the Property. Tenant has the right to modify, supplement, replace, or upgrade the
Communication Facility so long as such do not physically alter the exterior appearance of the facilities,and such modifications
are subject to the same approval process set forth above. However, any changes which alter the exterior physical appearance of
the Communication Facility, shall require Landlord's prior written consent, which may be withheld in the Landlord's sole
discretion.
3. TERM. (a) The initial lease term will be five (5) years ("Initial Term"),commencing upon the Commencement Date,
as defined below. The Initial Term will terminate on the last day of the month in which the fifth annual anniversary of the
Commencement Date occurred.
(b) This Agreement will automatically renew for three (3) additional five (5) year Term(s) (the "Extension
Term"), upon the same terms and conditions unless the Tenant notifies the Landlord in writing of Tenant's intention not to
renew this Agreement at least ninety(90)days prior to the expiration of the existing Term.
(c) If Tenant remains in possession of the Premises after the termination or expiration of this Agreement then
Tenant will be deemed to be occupying the Premises on a month to month basis (the "Holdover Term"), subject to the terms
and conditions of this Agreement. Should this occur, Landlord may terminate this Agreement upon thirty (30) days written
notice.
(d) The Initial Term and the Extension Term and the Holdover Term are collectively referred to as the Term.
("Term").
4. RENT. (a) Commencing on the date that Tenant commences construction("Commencement Date"), Tenant will pay
the Landlord a monthly rental payment of One Thousand Five Hundred Dollars and 00/100 ($1,500.00), plus any applicable
tax, at the address set forth above, on or before the 5h day of each calendar month in advance. Rent will be prorated for any
partial month.
(b) Beginning with year two (2) of the Initial Term, and each year thereafter, including throughout any option terms
exercised,the yearly rent will be increased by three percent(3%)over the previous year's Rent.
5. APPROVALS. (a) Landlord agrees that Tenant's ability to use the Premises is contingent upon its suitability for
Tenant's intended use and Tenant's ability to obtain all governmental licenses, permits, approvals or other relief required of or
deemed necessary by Tenant for its use of the Premises, including without limitation applications for zoning variances, zoning
ordinances,amendments, special use permits, and construction permits(collectively referred to as"Governmental Approvals").
Tenant will prepare, execute and file all required applications to obtain Governmental Approvals for Tenant's use under this
Agreement and Landlord agrees to reasonably cooperate with Tenant with such applications.
(b) Tenant has the right, at its sole expense, to obtain a title report or commitment for a leasehold title policy
from a title insurance company of its choice and to have the Property surveyed by a surveyor of its choice. Tenant shall have
thirty days from the effective date of this Agreement to either accept or reject matters of record title. If Tenant rejects any
matters of record title, Landlord can in its sole discretion correct any such matters within thirty (30) days. In the event that
Landlord does not correct any record title matters objected to by Tenant,Tenant may either terminate this Agreement,or accept
such matters of record title.
(c) Tenant may also obtain,at Tenant's sole cost and expense engineering or environmental tests or reports
("Tests")relating to the feasibility of locating the Communication Facility on the Premises. Tenant shall have thirty(30)days
from execution of this Agreement to accept the Site or accept it in its"AS IS"state.
6. TERMINATION. This Agreement may be terminated as follows:
(a) by either party on thirty (30) days prior written notice, if the other party remains in default under Paragraph
14 of this Agreement after the applicable cure periods;
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(b) by Tenant upon written notice, if 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 construction or
operation of the Communication Facility as now and hereafter intended by Tenant or if Tenant determines in its sole discretion
that the cost of obtaining or retaining the same is commercially unreasonable; or for any other reason identified in this
Agreement.
(c) by Tenant on ninety(90)days written notice for any reason.
7. INTERFERENCE. (a) There are existing radio frequency user(s) on the Landlord's Property, the Landlord
will provide Tenant with a list of all existing radio frequency user(s) and their frequencies on the Property to allow Tenant to
evaluate the potential for interference between the Communication Facility and the existing frequency users. Tenant shall
conduct testing prior to activation of the Communication Facility to ensure that the operation of its Communication Facility
does not interfere with existing radio frequency users.
(b) Landlord will not grant,after the date of this Agreement,a lease,license or any other right to any third party
for use of the Property,if such use materially interferes with the operations of Tenant's Communication Facility,unless such
interference is the result of operations that are intended to be a part of,or enhance,Landlord's police and fire communication
system. Landlord will notify Tenant prior to granting any third party the right to install and operate communications equipment
on the Property.
(c) Landlord will not use,nor will Landlord permit its employees,tenants,licensees,invitees or agents to use,
any portion of the Premises that in any way that materially interferes with the operations of Tenant or the rights of Tenant under
this Agreement except as necessary to carry out emergency operations of Landlord or as otherwise permitted under this
Agreement. Landlord will cause unauthorized interference to cease upon not more than twenty-four(24)hour notice from
Tenant.
(d) It is understood that Landlord operates a police and fire emergency communication system and that the
operation of such is paramount over any operation of Tenant's Communication Facility hereunder. It is further understood that
Landlord may alter its current police and fire communication system in the future. Accordingly,the installation,maintenance
and operation of the Communication Facility shall not interfere with the Landlord's existing or future communications
equipment,operations,or transmissions on or from the Property. In the event Tenant's installation,maintenance or operation of
its Communication Facility interferes with the Landlord's existing or future communications equipment,operations,or
transmissions,Tenant will immediately cease such interference,after verbal or written notice thereof until it is able to resolve
the interference problem. The Landlord shall be entitled to specific enforcement in order to cause such interference to cease
and desist without allowing Tenant an opportunity to cure such interference as provided in Section 16 hereof. If the
interference cannot be resolved within a reasonable period of time under the circumstances,either party is entitled to terminate
this Agreement.
8. INDEMNIFICATION. (a) Tenant agrees to indemnify,defend(with counsel reasonably acceptable to Landlord)
and hold Landlord harmless from and against any injury, loss, damage or liability (or any claims in respect of the foregoing),
costs or expenses(including reasonable attorneys'fees and court costs) arising directly from performance of this Agreement,the
installation, use, maintenance, repair or removal of the Communication Facility, except to the extent attributable to the sole
active negligence or willful acts or omissions of Landlord,its employees,agents or independent contractors..
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(b) Landlord agrees to indemnify, defend (with counsel reasonably acceptable to Tenant) and hold Tenant
harmless from and against any injury, loss, damage or liability (or any claims in respect of the foregoing), costs or expenses
(including reasonable attorneys' fees and court costs) arising directly from the actions or failure to act of Landlord and its
employees.
9. MAINTENANCE AND REPAIR. Landlord will maintain the areas surrounding the Property in good condition and
repair and free from weeds,debris and rubbish.
10. WARRANTIES. Tenant and Landlord each acknowledge and represent that it is duly organized, validly existing and
in good standing and has the right,power and authority to enter into this Agreement and bind itself hereto through the party set
forth as signatory for the party below. Landlord represents and warrants that: (i) to the best of its knowledge, Landlord solely
owns the Property as a legal lot in fee simple, or controls the Property by lease or license, unencumbered by any liens,
restrictions, mortgages,covenants,conditions,easements, leases, agreements of record or not of record, which would adversely
affect Tenant's use and enjoyment of the Premises under this Agreement; (ii) as long as Tenant is not in default then Landlord
grants to Tenant actual, quiet and peaceful use, enjoyment and possession of the Premises; (iii) to the best of Landlord's
knowledge, its execution and performance of this Agreement will not violate any laws, ordinances, covenants or the provisions
of any mortgage, lease, or other agreement binding on the Landlord; and (iv) if the Property is or becomes encumbered by a
deed to secure debt, mortgage, or other security interest, Landlord will use its best efforts to notify Tenant of such and give
Tenant the opportunity to secure a Subordination, Non-Disturbance and Attornment Agreement. However, Tenant takes
possession of the Premises subject to those matters are of record title or that Tenant could discover through reasonable due
diligence under the circumstances or that it has actual notice of.
11. ENVIRONMENTAL. (a) Landlord and Tenant agree that each will be responsible for compliance with any and
all environmental and industrial hygiene laws, including any regulations, guidelines, standards,or policies of any governmental
authorities regulating or imposing standards of liability or standards of conduct with regard to any environmental or industrial
hygiene condition or matters as may now or at any time hereafter be in effect, that are now or were related to that party's
activity conducted in,or on the Property.
(b) Landlord and Tenant agree to hold harmless and indemnify the other from and to assume all duties,
responsibilities, and liabilities at is sole cost and expense, for all duties, responsibilities and liability (for payment of penalties,
sanctions, forfeitures, losses, costs, or damages) and for responding to any action, notice, claim, order, summons, citation,
directive, litigation, investigation or proceeding which is related to (i) failure to comply with any environmental or industrial
hygiene law, including without limitation any regulations, guidelines, standards or policies of any governmental authorities
regulating or imposing standards of liability or standards of conduct with regard to any environmental or industrial hygiene
conditions or matters as may now or hereafter be in effect, and(ii)any environmental or industrial hygiene conditions that arise
out of or are in any way related to the condition of the Property or activities conducted by the party thereon, unless the
environmental conditions are caused by the other party.
(c) The indemnifications of this Paragraph specifically include reasonable costs, expenses and fees incurred in
connection with any investigation of Property conditions or any clean-up, remedial, removal or restoration work required by
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any governmental authority. The provisions of this Paragraph will survive the expiration or termination of this Agreement
and/or any transfer or assignment of the rights and obligations under this Agreement.
12. ACCESS. At all times throughout the term of this Agreement,and at no additional charge to Tenant,Tenant and its
employees, agents, and subcontractors, will have access to and over the Property between 7:00 a.m. and 4:00 p.m., Monday
through Friday, from an open and improved public road to the Premises, for the installation,maintenance and operation of the
Communication Facility and any utilities serving the Premises. Tenant shall provide two (2) hour prior notice, except in the
case of an emergency in which event Tenant shall provide as much notice as possible to Landlord's General Services Manager
of its intent to enter the Premises. Landlord may in its reasonable determination deny such access if such will interfere with the
Landlord's operations. In the event any public utility is unable to use the access provided to Tenant the Landlord hereby agrees
to grant an additional access either to Tenant or to the public utility,for the benefit of Tenant,at no cost to Tenant.
13. REMOVAL. All portions of the Communication Facility brought onto the Property by Tenant will be and remain
Tenant's personal property and, at Tenant's option, may be removed by Tenant at any time during the Term. Landlord
covenants and agrees that no part of the Communication Facility constructed, erected or placed on the Premises 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 remain the
property of the Tenant and may be removed by Tenant at any time during the Term. Within sixty(60) days of the termination
of this Agreement for whatever reason, Tenant will remove all such improvements and return the Premises to the Landlord in
the same or better condition as the Premises were in on the Commencement Date,reasonable wear and tear excepted.
14. RELOCATION. Upon request by Landlord, from time to time, Tenant will make minor relocations of its
Communication Facilities equipment so long as such does not interfere with Tenant's operation of its Communication Facility.
Upon relocation of the Communications Facility,or any part thereof,all references to the site in this Agreement will be deemed
to be references to the relocation site. Upon permanent relocation, the parties shall execute an amendment to this agreement
which redefines the Property, Premises, and the Communication Facility and which deletes the existing Exhibits A, B and C,
and replaces such with revised Exhibits A,B and C. Except as expressly provided in this Section,Owner and Tenant agree that
in no event will the relocation of the communications facility of Tenant, or any part thereof, except as provided in this
paragraph 14,affect,alter,modify or otherwise change any of the terms and conditions of this Agreement.
15. MAINTENANCE; UTILITIES. (a)Tenant will keep and maintain the Premises in good condition,reasonable wear
and tear and damage from the elements excepted. Landlord will maintain and repair the Property and access thereto, in good
and tenantable condition,subject to reasonable wear and tear and damage from the elements.
(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 Tenant on the Premises. Landlord will fully cooperate with any utility company
requesting an easement over, under and across the Property in order for the utility company to provide service to the Tenant. In
the event Tenant cannot secure its own metered electrical supply,Tenant shall,at its own cost and expense,install a submeter to
the Landlord's meter. Tenant will pay on a monthly basis the current local utility company rate for submetered electric, after
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the meter is read by the Landlord and billed to Tenant. Landlord will not be responsible for interference with,interruption of or
failure,beyond the reasonable control of Landlord,of such services to be furnished or supplied indirectly by Landlord.
16. DEFAULT AND RIGHT TO CURE. (a) Tenant will be deemed to be in default and breach of this Agreement if
Tenant fails to perform any term or condition under this Agreement within forty-five (45) days after Landlord gives written
notice that identifies a specific failure by Tenant under this Agreement. No such failure, however, will be deemed to exist if
Tenant has commenced to cure such default within such period and provided that such efforts are prosecuted to completion with
reasonable diligence. Delay in curing a default will be excused if such is due to causes beyond the reasonable control of Tenant.
If Tenant remains in default beyond any applicable cure period,Landlord will have the right to exercise any and all rights and
remedies available to it under law and equity.
(b) Landlord will be in deemed to be in default and breach of this Agreement if Landlord fails to perform any
term or condition under this Agreement within forty-five (45) days after Tenant gives written notice that identifies a specific
failure by Landlord under this Agreement. No such failure, however, will be deemed to exist if Landlord commenced to cure
the default within such period and provided such efforts are prosecuted to completion with reasonable diligence. Delay in
curing a default will be excused if it is due to causes beyond the reasonable control of Landlord. If Landlord remains in default
beyond any applicable cure period,Tenant will have the right to exercise any and all rights available to it under law and equity,
including the right to cure Landlord's default and to deduct the costs of such cure from any moneys due to Landlord from
Tenant.
17. ASSIGNMENT. Tenant may assign, sell or transfer its interest under this Agreement without the approval or consent
of Landlord, to the Tenant's principal, affiliates, subsidiaries, subsidiaries of its principal or to any entity which acquires all or
substantially all of the Tenant's assets in the market defined by the Federal Communications Commission in which the property
is located by reason of a merger, acquisition, or other business reorganization. Notwithstanding any such assignment by
Tenant,Tenant will remain primarily responsible for performance under this Agreement.
18. NOTICES. All notices, requests, demands and communications hereunder will be given by first class certified or
registered mail, return receipt requested, or by a recognized overnight courier, postage prepaid, to be effective when properly
sent and received,refused or returned undelivered. Notice will be addressed to the parties at the addresses set forth below:
Tenant: Sprint Contracts&Performance,
Mailstop KSOPHT0101-Z2650,
6391 Sprint Parkway,
Overland Park,Kansas 66251-2650
with a copy to: Sprint Law Department,
Mailstop KSOPHT0101-Z2020,
6391 Sprint Parkway,
Overland Park,Kansas 66251-2020,
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Attn.: Sprint Real Estate Attorney
Landlord:
Attn:City Manager
City of El Segundo
350 Main Street
El Segundo,CA 90245
Either party hereto may change the place for the giving of notice to it by thirty (30)days written notice to the other as provided
herein.
19. SEVERABILITY. If any term or condition of this Agreement is found unenforceable, the remaining terms and
conditions will remain binding upon the parties as though said unenforceable provision were not contained herein. However,if
the invalid, illegal or unenforceable provision materially affects this Agreement then the Agreement may be terminated by
either party on ten(10)days prior written notice to the other party hereto.
20. CONDEMNATION. In the event Landlord receives notification of any condemnation proceedings affecting the
Property,Landlord will provide prompt notice of the proceeding to Tenant. If a condemning authority takes all of the Property,
or a portion sufficient, in Tenant's sole determination, to render the Premises unsuitable for Tenant, this Agreement will
terminate as of the date the title vests in the condemning authority. The parties will be entitled to share in the condemnation
proceeds in proportion to the values of their respective interests in the Property, which for Tenant will include, where
applicable,the value of its Communication Facility,moving expenses,prepaid rent,and business dislocation expenses. Tenant
will be entitled to reimbursement for any prepaid Rent.
21. DAMAGE TO PROPERTY. Landlord will provide prompt notice to Tenant of any damage affecting the
Property. If any part of the Communication Facility or Property is damaged by fire or other cause so as to render the Premises
unsuitable, in Tenant's sole determination, then Tenant may terminate this Agreement by providing written notice to the
Landlord, which termination will be effective as of the date of such damage or destruction. 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.
22. WAIVER OF LANDLORD'S LIENS. Landlord hereby waives any and all lien rights it may have, statutory or
otherwise, concerning the Communication Facility or any portion thereof. The Communication Facility shall be deemed personal
property for purposes of this Agreement, regardless of whether any portion is deemed real or personal property under applicable
law, and Landlord hereby consents to Tenant's right to remove all or any portion of the Communication Facility from time to time
in Tenant's sole discretion and without Landlord's consent.
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23. POSSESSORY INTEREST TAXES. Tenant is informed by Landlord pursuant to Cal. Rev. &Tax. Code § 107.6 that its
property interest in the Property may be subject to property taxation if created and that Tenant may be subject to the payment of
property taxes levied on its interest. Tenant may not deduct such amount from Payments to Landlord.
24. MISCELLANEOUS. (a) Amendment;Waiver. This Agreement cannot be amended, modified or revised unless
done in writing and signed by Landlord's city manager and an authorized agent of the Tenant. No provision may be waived
except in a writing signed by both parties.
(b) Short Form Lease. Either party will, at any time upon fifteen (15) day's prior written notice from the other,
execute, acknowledge and deliver to the other a recordable Memorandum of Lease. Either party may record this memorandum
at any time,in its absolute discretion.
(c) Bind And Benefit. The terms and conditions contained in this Agreement will run with the Property and
inure to the benefit of the parties,their respective heirs,executors,administrators,successors and assigns.
(d) Entire Agreement. This Agreement and the exhibits attached hereto, all being a part hereof, constitute the
entire agreement of the parties hereto and will supersede all prior offers,negotiations and agreements.
(e) Governing Law. This Agreement was drafted in, and will be construed in accordance with the laws of the
State of California,and exclusive venue for any action involving this agreement will be in Los Angeles County.
(f) Interpretation. Unless otherwise specified, the following rules of construction and interpretation apply: (i)
captions are for convenience and reference only and in no way define or limit the construction of the terms and conditions
hereof; (ii) use of the term "including" will be interpreted to mean "including but not limited to"; (iii) whenever a party's
consent is required under this Agreement, except as otherwise stated in the Agreement or as same may be duplicative, such
consent will not be unreasonably withheld, conditioned or delayed; (iv) exhibits are an integral part of the Agreement and are
incorporated by reference into this Agreement; (v) use of the terms "termination" or "expiration" are interchangeable, 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 fifteen (15) days prior written notice from the other, execute,
acknowledge and deliver to the other a statement in writing(i)certifying that this Agreement is unmodified and in full force and
effect(or, if modified,stating the nature of such modification and certifying this Agreement,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
claimed. Any such statement may be conclusively relied upon by any prospective purchaser or encumbrancer of the Premises.
Failure to deliver such a statement within such time will be conclusive upon the requesting party that (i) this Agreement is in
full force and effect, without modification except as may be properly represented by the requesting party, (ii) there are no
uncured defaults in either party's performance,and(iii)no more than one month's rent has been paid in advance.
(h) No Option. The submission of this Agreement for examination or consideration does not constitute a
reservation of or option for the Premises. This Agreement will become effective as an Agreement only upon the legal
execution,acknowledgment and delivery hereof by Landlord and Tenant.
(i) Survival of Terms. Sections 9, 11, 13 and 24 6) will survive the termination of this Agreement.
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3368 .
(j) Insurance.Before commencing performance under this Agreement,and at all other times this Agreement is
effective,Tenant will procure and maintain the following types of insurance with coverage limits complying,at a minimum,
with the limits set forth below:
Tvve of Insurance Limits(combined single)
Commercial general liability: $1,000,000
Workers compensation Statutory requirement.
(a) Commercial general liability insurance will meet or exceed the requirements of ISO-CGL Form No. CG 00
01 11 85 or 88. The amount of insurance set forth above will be a combined single limit per occurrence for
bodily injury, personal injury, and property damage for the policy coverage. Liability policies will be
endorsed to name Landlord, its officials, and employees as "additional insureds" under said insurance
coverage and to state that such insurance will be deemed"primary"such that any other insurance that may be
carried by Landlord will be excess thereto. Such insurance will be on an "occurrence," not a"claims made,"
basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to
Landlord.
(b) Tenant will furnish to Landlord duly authenticated Certificates of Insurance evidencing maintenance of the
insurance required under this Agreement, endorsements as required herein, and such other evidence of
insurance as may be reasonably required by Landlord from time to time. Insurance must be placed with
insurers with a current A.M.Best Company Rating equivalent to at least a Rating of"A-:VII"
[SIGNATURES ON NEXT PAGE]
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IN WITNESS WHEREOF,the undersigned has caused this Agreement to be executed this 17 day of Auy,2004.
"LANDLORD"
The City of El Segund a municipal corporation
"Segund a municipal co,
"Y 0'
By:
Print N e: a trenn
Its: City Man r of
Date: 4-4165v-
APPROVED AS TO
MARK D.HENS i��Y
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0 D AS T
NS NEY
By:
Karl H. er s' nt t Attorney
Date:
"TENArNT'
Sprint PCS Asse L. . a elaware limited liability company
By:
Print Name:
Its:
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EXHIBITS A &B
DESCRIPTION OF PREMISES
Page 1 of 6
to the Agreement dated 200_,by and between the City of El Segundo,a municipal corporation,as
Landlord,andSprint PCS Assets,L.L.C.,a Delaware limited liability company, ,as Tenant.
The Premises are described and/or depicted as follows:
EXHIBIT A(LEGAL DESCRIPTION):
The land referred to herein is situated in the State of California,County of Los Angeles,described as follows:
Lot Four(4)in Block Thirty-four(34)of El Segundo,Sheet No.7 in the City of El Segundo,County of Los Angeles,State of
California,as per map recorded in Book 22,pages 64 and 66 of Maps,in the office of the county recorder of said county.
EXHIBIT B(SITE PLANS):
Attachment follows(page 2 through 6).
Notes:
1. This Exhibit may be replaced by a land survey of the Premises once it is received by Tenant.
2. Any setback of the Premises from the Property's boundaries shall be the distance required by the applicable governmental authorities.
3. Width of access road shall be the width required by the applicable governmental authorities,including police and fire departments.
4. The type,number and mounting positions and locations of antennas and transmission lines are illustrative only.Actual types,numbers and mounting
positions may vary from what is shown above.
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TO MEMORANDUM OF LEASE
Site Description: Site located at 400 Lomita Street, City of El Segundo, situated in the County of Los
Angeles, State of California, commonly described as follows:
APN: 4135-023-900
Legal Description
The land referred to herein is situated in the State of California,County of Los Angeles,described as follows:
Lot Four(4)in Block Thirty-four(34)of El Segundo,Sheet No.7 in the City of El Segundo,County of Los Angeles,State of
California,as per map recorded in Book 22,pages 64 and 66 of Maps,in the office of the county recorder of said county.
Owner Initials: Sprint PCS Initials:
Owner and Sprint PCS may,at Sprint PCS'option,replace this Exhibit with an exhibit setting forth the legal description of the property on
which the Site is located and/or an as-built drawing depicting the Site.
*[Use this EXhihitAfor Site Agreement, OptionAgreeent,andemorandumofA eent.]
2
ATTACHMENT 1
MEMORANDUM OF LEASE
[FOLLOWS ON NEXT PAGE]
Return to:
Delta Groups EnSineering
2362 McGaw Ave.
Irvine,CA 92614
Cell Site No.:
State: California
County:Los Aneeles
MEMORANDUM
OF
LEASE
This Memorandum of Lease is entered into on this day of ,200_,by and between the City of
El Segundo,a municipal corporation having a mailing address of 350 Main St.El Segundo,CA 90245 (hereinafter referred to
as"Landlord")andSprint PCS Assets,L.L.C., ,a Delaware limited liability company, , with an office at 18200 Von Karman
Ave.,Suite 100,Irvine,CA 926112(hereinafter referred to as"Tenant").
1. Landlord and Tenant entered into a certain Lease Agreement ("Agreement") on the day of
, 200_, for the purpose of installing, operating and maintaining a communications facility
and other improvements. All of the foregoing are set forth in the Agreement.
2. The term of the Agreement is for an Initial Term of five(5)years commencing on the date that Tenant commences
construction and ending on the last day of the month in which the fifth (5th) anniversary of the Commencement
Date occurs,with three(3) successive five(5)year options to renew.
3. The portion of the land being leased to Tenant(the"Premises")is described in Exhibit 1 annexed hereto.
4. The Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, successors,
and assigns,subject to the provisions of the Agreement.
13
n 68
IN WITNESS WHEREOF, the parties have executed this Memorandum of Lease as of the day and year first above
written.
"LANDLORD"
The City of El Segundo,a municipal corporation
By:
Print Name: Mary Strenn
Its: City Manager
Federal Tax ID#: 95-6000706
"TENANT"
Sprint PCS Assets,L.L.C.,a Delaware limited liability company
By:
Print Name:
Its: System Development Manager
W
14
'3368
LANDLORD
STATE OF )
ss:
COUNTY OF )
On ,before me, ,personally
appeared ,proved to me on the basis of satisfactory evidence
to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on
the instrument the person(s) acted,executed the instrument.
WITNESS my hand and official seal
Notary Public
Print Name:
My commission expires:
TENANT
STATE OF )
ss:
COUNTY OF )
On ,before me, personally
appeared ,proved to me on the basis of satisfactory evidence
to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on
the instrument the person(s) acted,executed the instrument.
WITNESS my hand and official seal
Notary Public
Print Name:
My commission expires:
15 ZOw
EXHIBIT 1
DESCRIPTION OF PREMISES
Page 1 of 1
to the Agreement dated 2004,by and between the City of El Segundo,a municipal corporation,as
Landlord,andSprint PCS Assets,L.L.C.,a Delaware limited liability company, ,as Tenant.
The Premises are described and/or depicted as follows:
LEGAL DESCRIPTION:
The land referred to herein is situated in the State of California,County of Los Angeles,described as follows:
Lot Four(4)in Block Thirty-four(34)of El Segundo,Sheet No.7 in the City of El Segundo,County of Los Angeles,State of
California,as per map recorded in Book 22,pages 64 and 66 of Maps,in the office of the county recorder of said county.
Notes:
1. This Exhibit may be replaced by a land survey of the Premises once it is received by Tenant.
2. Any setback of the Premises from the Property's boundaries shall be the distance required by the applicable governmental authorities.
3. Width of access road shall be the width required by the applicable governmental authorities,including police and fire departments.
4. The type,number and mounting positions and locations of antennas and transmission lines are illustrative only.Actual types,numbers and mounting
positions may vary from what is shown above.
16
3368
RECORDING REQUESTED BY AND
WHEN RECORDED,RETURN TO:
Sprint PCS Assets, L.L.C.
c/o Delta Groups Engineering
2362 McGaw Ave, Irvine, CA 92614-5832
Site I.D.: LA60XC361E
APN No. 4135-023-900
Memorandum of Lease
This Memorandum of Lease is entered into on this-1.7—day of August ,200 4,by and between the City
of El Segundo,a municipal corporation having a mailing address of 350 Main St.El Segundo,CA 90245
(hereinafter referred to as"Landlord")and Sprint PCS Assets,L.L.C.,,a Delaware limited liability company,,with
an office at 18200 Von Karman Ave.,Suite 100,Irvine,CA 926112(hereinafter referred to as"Tenant").
1. Landlord and Tenant entered into a certain Lease Agreement ("Agreement") on the 17 day of
August ,200_4,for the purpose of installing,operating and maintaining a communications
facility and other improvements. All of the foregoing are set forth in the Agreement.
2. The term of the Agreement is for an Initial Term of five(5)years commencing on the date that Tenant
commences construction and ending on the last day of the month in which the fifth(5th) anniversary of
the Commencement Date occurs,with three(3)successive five(5)year options to renew.
3. The portion of the land being leased to Tenant (the "Premises") is described in Exhibit 1 annexed
hereto.
4. The Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs,
successors,and assigns,subject to the provisions of the Agreement.
IN WITNESS WHEREOF, the parties have executed this Memorandum of Lease as of the day and year first
above written.
"LANDLORD"
The4ame:
ndo,a municipal corporation
By.Pritrenn APIts:
< '
Federal Tax ID#:95-6000706 CITY ATTQRN
"TENANT"
Sprint PCS As ,L.L. ., aware limited liability compan
By. -�..
Print Name: ,Kboymen
Its: System Deve ol"pment ManagtM WtSourd
ng
7o! ,
Attach Exhibit A-Site Description
Sprint PCS Initials: -CIS..., _
EXHIBIT 1
TO MEMORANDUM OF LEASE
Site Description: Site located at 400 Lomita Street, City of El Segundo, situated in the County of Los
Angeles, State of California, commonly described as follows:
APN: 4135-023-900
Legal Description
The land referred to herein is situated in the State of California,County of Los Angeles,described as follows:
Lot Four(4)in Block Thirty-four(34)of El Segundo,Sheet No.7 in the City of El Segundo,County of Los Angeles,State of
California,as per map recorded in Book 22,pages 64 and 66 of Maps,in the office of the county recorder of said county.
Owner Initials: Sprint PCS Initials ;z_% .
Note:Owner and Sprint PCS may,at Sprint PCS'option,replace this Exhibit with an exhibit setting forth the legal description of the property on
which the Site is located and/or an as-built drawing depicting the Site.
*[Use this ExhihitA for Site Agreement, Option Agreement,and Memorandum ofAgreement.]
2
ro
O,�MR NOTARY BLOCK'
State of California ) SS.
County of appeared Mary Strenn,
ublic�,personally pp
[notary p person whose name is capacity,
On "O � ,2004,before me4 evidence)to be the
n me (or proved to me on the basis of satisfactory of which the person acted,
wled ed to me that she executed the same in her authorized cap ,
personally know' or the entity upon behalf
subscribed to the witon the Inst umen the person,
and that by her signature
executed the instrument'
AFM NOTARY SEAUSTAMP: WITNESS my band and official seal.
I�NDA OA'I'MY DO ""a ....
COMMLSOM#1 +� ..
CONCIT40 Signatur public
Signature of Notley
comm. 98
3
SAINT PCS NOTARY BLOCK: 3368
State of Kansas )
) ss.
County of J O h rl so/t-- )
`Fk
The foregoing instrument was acknowledged before me this day of
2004,by arboym—a 1as
MaMgeF-GU#JeUFeft of Sprint PCS Assets, L.L.C., a Delaware limited liability
company, who executed the foregoing instrument on behalf of the Company.
WITNESS my hand and official seal.
Signature A (Seal)
C.
VAN or
of0La
4