Contracts & Agreements_194-2002 - Laserfiche WebLink

Home Browse Search

WIRELESS SERVICE FACILITY LAND LEASE AGREEMENT This Land Lease Agreement (the "Lease") is made and entered into on November 19, 2002 by and between the City of Redlands, a municipal corporation ("Landlord") and Pacific Bell Wireless, LLC, a Nevada limited liability company, d/b/a Cingular Wireless ("Tenant"), collectively the "Parties." Landlord, for and in consideration of the rent to be paid by Tenant and for the covenants and provisions to be kept and performed by Tenant under this Lease, hereby leases to Tenant for Tenant's sole use, and Tenant agrees to lease from Landlord approximately seven hundred twenty-one (721) square feet of property located at Sunset Reservoir, Helen Court, Redlands, California 92373 and more particularly described in the attached legal description Exhibit A (the "Property") and plan of development of the area to be leased as set forth in Exhibit B (the Site"). The proposed Site is to be used for an antenna support structure and communication equipment for a personal communications wireless service facility ("WSF"), using stealth treatment, as required pursuant to the Redlands Municipal Code. Section 1. Intent of Parties. It is the intent of the Parties that Tenant will develop on Landlord's Property a WSF on the Site, as defined herein, by using stealth treatment, as required pursuant to the Redlands Municipal Code. In order to develop the Site, Tenant will have to apply for and obtain from the City, a Conditional Use Permit ("CUP"), pursuant to the Redlands Municipal Code, Chapter 18.178, "Wireless Service Facilities." As part of this application and as an integral part of the Lease, Tenant shall submit for approval to Landlord's Municipal Utilities Department, site plans, structural design, building plans, utility services and other designs, specifications and plans prepared by a civil engineer licensed with the State of California. Thereafter Tenant shall apply for and obtain a Building Permit so as to construct the Wireless Service Facilities. Section 2. Term. A- Pre -CUP. Commencing upon the full execution and delivery of this Lease, Tenant hereby agrees to Lease from Landlord the Site for the nominal rent of $100.00 per month payable on 1st of each month pending the application for, and the approval of, a CUP as required herein and all other approvals necessary for any governmental agency so that Tenant can construct and develop the WSF on the site. After the approval of the CUP and all other approvals necessary from any governmental agency, the terms of the Lease will convert to Section 2(B) herein, "Post -CUP." (I) If, the Tenant does not receive approval for a CUP, or if Tenant fails to make application for the CUP within 6 months of the date of this Lease, this Lease will immediately terminate with no other liability or responsibility by either Landlord or Tenant as to each other. CM-365-11 November 7, 2002 (11! 16 AM)