2011/07/01 Riverside, County Cell tower on Fire Station Lease Agreement SITE N-UMBER: MN002
SITE NAME: Menifee fire Station #76
TowerCo ID/Name: CA2957/Menifee Fire Station
COMMUNICATIONS SITE LEASE AGREEMENT l
THIS COMMUNICATIONS SITE LEASE AGREEMENT ("Lease") dated /�J 2011,
is between COUNTY CE RIVERSIDE, a political subdivision of the State of Califor is ("County") whose
address is 3403 Tenth Street, Suite 500, Riverside, CA 92501 and TowerCo Assets LLC ("Lessee')
whose address is 5000 Valleystone Dr., Cary, NC 27519,
WHEREAS, Lessee is the successor in interest to Cox PCS Assets, LLC under that certain lease
for the Premises by and between County of Riverside and COX PCS ASSETS, LLC, as Lessee dated
June 27, 2001 ("Prior Lease");
WHEREAS, County and Lessee desire to replace the Prior Lease with the terms and conditions
of this Lease, all on the terms set forth below.
NOW THEREFORE, effective upon the Commencement Date, this Lease will amend and restate
the Prior Lease by deleting the Prior Lease in its entirety and replacing it with the terms and conditions set
forth herein.
1. Premises. County represents that it owns the real property legally described in
Exhibit "A" commonly known as 29950 Menifee Road, Menifee, CA (Assessor's Parcel Number: 340-040-
008). Subject to the following terms and conditions, County leases to Lessee that portion of County's
property ("Property") legally described in Exhibit "B" and depicted in Exhibit "C", consisting of an area of
510 sq ft), along with easements for ingress and egress and utilities, the ("Premises"). Leasing said real
property is in the public interest and the use thereof will not substantially conflict or interfere with County's
use of its own electronic communications equipment nearby.
2. Use. The Premises may be used by Lessee for any lawful activity in connection with
the provisions of rnobile1wireless communications services, including without limitation, the transmission
and the reception of radio communication signals on various frequencies and the construction,
maintenance and operation of related communications facilities. County agrees, at no expense to
County, to cooperate with Lessee, in making application for and obtaining all licenses, permits and any
and all other necessary approvals that may be required for Lessee's and Lessee's sublessees or
licensees intended use of the Premises.
County consents to the continued occupancy of the Premises by Lessee's existing sub-tenant,
Sprint PCS Assets LLC, dba Sprint and its affiliates, successors or assigns (°Sprint"). The sublease and
any further subleasing shall be in accordance with Articles 4(c) and 13 herein.
3. Term. The term of this Lease ("Term") shall be ten (10) years commencing on July 1,
2011 ("Commencement Date") and shall expire June 30, 2021. Upon the commencement of the tern of
this Lease, the Prior Lease, which is hereby amended, restated and replaced in its entirety with this
Lease, shall terminate automatically, and shall become null and void, of no further force or effect.
4. Rent.
(a) Upon the Commencement Date, Lessee shall pay County, as rent, the sum of
Two Thousand Seven Hundred Thirty Seven Dollars and 14 Cents ($2,737.14) ("Rent") per month. Rent
shall be payable on the 1 st day of each month in advance to County at County's address specified in
Paragraph 19 of this Lease. In addition, Lessee shall pay a one-time processing fee of $3,000,00,
payable to County within forty-five (45) days of full execution of this Lease
(b) Beginning on July 1, 2012, and on each anniversary thereafter, monthly Rent
shall increase by three percent(3%) over the previous year's monthly Rent.
(c) Upon written County consent to sublease or license in accordance with Article 13
herein, Lessee agrees to pay to County forty percent (40%) of the rental, license or similar payments
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SITE N-UMBER: MN002
SITE NAME:Menifee Fire Station#76
TowerCo ID/Nance: CA2957,Menifec Fire Station
actually received by Lessee (excluding any reimbursement of taxes, construction costs, installation costs,
revenue share reimbursement or other expenses incurred by Lessee) within thirty (30) days after receipt
of said payment by Lessee ("Additional Rent"). The obligation to pay Additional Rent will not apply to the
Sprint subtenant referenced in Section 2 above.
5. l m prove m ents__Access.
(a) Lessee has the right to construct, maintain, install, repair, replace and operate on
the Premises radio communications facilities, including but not limited to, radio frequency transmitting and
receiving equipment, batteries, utility lines, transmission lines, radio frequency transmitting and receiving
antennae, a generator and related fuel tank, and supporting structures and improvements ("Lessee's
Facilities"). Notwithstanding the foregoing, Lessee shall, upon notice to County, be permitted to perform
equipment replacements ;with equipment that is of a "like kind" or substantially similar in nature. In
connection therewith the Lessee has the right to do all work necessary to prepare, add, maintain and alter
the Premises for communications operations and to install utility fines and transmission lines connecting
antennas to transmitters and receivers. Lessee shall have the right to install any warning signs on or
about the Premises required by federal, state or local law. All of Lessee's construction and installation
work shall be performed at Lessee's sole cost and expense and in a good and workmanlike manner. Title
to Lessee's Facilities and any equipment placed on the Premises by Lessee shall be held by Lessee, its
subtenants or their respective equipment lessors, successors or assigns. Lessee's Facilities shall not be
considered fixtures. Lessee has the right to remove any or all of Lessee's Facilities at its sole expense on
or before the expiration of this Lease or within sixty (60) days after an early termination of this Lease. All
portions of Lessee's Facility brought onto the property by Lessee will be and remains Lessee's personal
property and, at Lessee's option, may be removed by Lessee at any time during the Term. County
covenants and agrees that no part of the communication facility constructed, erected, or placed on the
Premises by Lessee will become, or be considered as being affixed to or a part of, the Property, it being
the specific intention of the County that all improvements of every kind and nature constructed, erected, ?.
or placed by Lessee on the Premises will be and remain the property of the Lessee and may be removed
by Lessee at any time during the Term. Notwithstanding the foregoing, at the earlier of the expiration or
termination of this Lease, Lessee will be responsible for the replacement of any trees, shrubs, or other
vegetation if removed or destroyed during the Lessee's equipment removal process. At County's option,
Lessee will be required to remove from the Premises or the Property foundations to a depth of six (6)feet
below ground, underground utilities, equipment building and antenna support structure used in connection i
with the Lessee's Facilities.
(b) Lessee shall comply and remain in compliance with ail conditions as set forth in
any Conditions of Approval issued by the appropriate jurisdiction and all other local, state and federal
government requirements and regulations.
(c} County shall provide access to Lessee, Lessee's employees, agents, contractors
and subcontractors to the leased premises twenty four (24) hours a day, seven (7) days a week. County
represents and warrants that it has full rights of ingress and egress from a public right-of-way to and from
the Premises, and hereby grants such rights to Lessee to the extent required to construct, maintain,
instal! and operate Lessee's Facilities on the Premises, and to remove them there from. Lessee's
exercise of such rights shall not cause undue inconvenience to County.
(d) County shall maintain all access roadways from the nearest public roadway to
the Premises in a manner sufficient to allow reasonable access. County shall be responsible for
maintaining and repairing such roadways, at its sole expense, except for any damage caused by
Lessee's use of such roadways. If Lessee causes any such damage, it shall promptly repair same.
(e) Lessee shall have the right to install utilities, at Lessee's expense, subject to
County's approval of the location, which approval shall not be unreasonably withheld, conditioned or
delayed, which existing utilities servicing the Premises are deemed approved by Lessor. Lessee shall
have the right to place utilities on County's Property in order to service the Premises and Lessee's
Facilities.
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SITE NUMBER: MN002
SITE.NAME: Menifee Fire Station 476
TowerCo ID,rNar e: CA2457/Menifee Fire Station
(f) Lessee shall fully and promptly pay for all utilities furnished to the Premises for
the use, operation and maintenance of Lessee's Facilities.
(g) Upon the expiration, cancellation or termination of this Lease, Lessee shall
surrender the Premises to County in good condition, less ordinary wear and tear.
Notwithstanding anything to the contrary in this Lease, Lessee (or its successors or
assigns) shall remove Lessee's Facilities completely from County's Property in the event of Abandonment
of Lessee's Facilities. ("Abandonment of Lessee's Facilities" shall have the meaning provided in County
of Riverside ("County") Ordinance No. 348.)
6. I•VlaintCe'nal ice, i?eaairs Right to Enter
(a) Lessee shall at all times from and after the Commencement Date, at its own cost
and expense, maintain the Premises and all of Lessee's equipment and improvements in clean and good
condition and in safe operating order. Upon surrender of the Premises, Lessee shall deliver the Premises
to County in good order, condition and state of repair, but shall not be responsible for damages resulting
from ordinary wear and tear.
(b) If Lessee refuses or neglects to repair, replace, or maintain the Premises, or any
part thereof, in a manner reasonably satisfactory to County, County shall have the right, upon giving
Lessee reasonable written notice of its election to do so, to make such repairs or perform such
maintenance or maintenance on behalf of and for the account of Lessee. If County makes or causes any
such repairs to be made or performed, as provided for herein, Lessee shall pay the cost thereof to
County, as additional rent, promptly upon receipt of an invoice together with reasonable evidence of the
cost therefore.
(c) Lessee shall permit County, or its authorized representatives, to enter the
Premises at all times during usual business hours to inspect the same, and to perform any work therein
(a)that may be necessary to comply with any laws, ordinances, rules or regulations of any public
authority, (b) that County may deem necessary to prevent waste or deterioration in connection with the
Premises if Lessee does not make, or cause to be made, such repairs or perform, or cause to be
performed, such work promptly after receipt of written demand from County, and (c)that County may
deem necessary in connection with the expansion, reduction, remodeling, protection or renovation of any
County-constructed or owned facilities on or off of the Premises. Nothing herein contained shall imply
any duty on the part of County to do any such work which, under any provision of this Lease, Lessee may
be required to do, nor shall County's performance of any repairs on behalf of Lessee constitute a waiver
of Lessee's default in failing to do the same. No exercise by County of any rights herein reserved shall
entitle Lessee to any compensation, damages or abatement of rent from County for any injury or
inconvenience occasioned thereby, unless the damage is caused by County's or its employees', agents',
or contractors' negligence or misconduct. County will provide Lessee at least twenty four (24) hours prior
written notice prior to any entry onto the Premises, except in cases of emergency.
7. Interference with Communications.
(a) Lessee agrees not to cause interference to the radio frequency communication
operations of County, County's tenants, or anyone holding an agreement with County to operate on the
Property, so long as equipment utilized in such operations is installed prior to the execution of the Prior
Lease.
(b) After the execution of this Lease, County shall not install or modify, or permit the
installation or modification of, any equipment such that it will interfere with or restrict the operations of
Lessee. Such interference shall be deemed a material breach of this Lease by County. Should County
have knowledge of any interference (actual or contemplated) or should any such interference occur,
County shall promptly take all necessary action, at no cost to Lessee, to eliminate the cause of said
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SITE NUMBER: MN002
SITE NAME: Menifee Fire Station-`76
TowerCo ID,'Namce CA2957,'Menifee Fire Station
interference, including, if necessary, removing, or causing any tenant to remove, equipment creating said
interference.
(c) Lessee shall operate its facilities in compliance with all Federal Communications
Commission (FCC) regulations.
S. Taxes. If personal property taxes are assessed, Lessee shall pay any portion of such
taxes directly attributable to Lessee's Facilities. Lessee acknowledges that this Lease may create a
possessory interest that will subject to property taxation, and further agrees to pay any such obligation
during the Term. The Land is, and shall remain; tax exempt so long as County of Riverside remains the
owner of the Land.
g. Terniir EEatio3.
(a) This Lease, in addition to any other remedies which may be pursued in law or in
equity, may be terminated by either party upon a material default of any covenant, condition, or term
hereof by the other party, which default is not cured within sixty (60) days of receipt of written notice of sI
default, provided, both County and Lessee shall have such extended period as may be required beyond
the sixty (60) days if the nature of the cure is such that it reasonably requires more than sixty (60) days
and the cure commences within the sixty (60) day period and thereafter continuously and diligently
pursues the cure to completion.
(b) This Lease may also be terminated by Lessee without further liability on one
hundred twenty(120) days prior written notice (i) if Lessee is unable to reasonably obtain or maintain any
certificate, license, permit, authority or approval from any governmental authority, thus, restricting Lessee
from installing, removing, replacing, maintaining or operating Lessee's Facilities or using the Premises in
the manner described in Paragraph 2 above; or (6) if Lessee determines that the Premises are not
appropriate for its operations for economic, environmental or technological reasons, including without
limitation, signal strength, coverage or interference.
10. Destruction of Premises. If the Premises or the Lessee's Facilities are destroyed or
damaged, in Lessee's judgment, to the extent that the Premises or Lessee's Facilities are unusable by
Lessee for uses consistent with Lessee's existing use immediately preceding such damage or
destruction, County shall make available to Lessee within a reasonable amount of time a temporary site
on the Property; provided such temporary site is available, is reasonably practicable and is reasonably
acceptable to Lessee. Lessee may construct, operate, and maintain substitute Lessee's Facilities
thereon until Lessee's Facilities are fully restored and operational on the Premises. In the event a
temporary site is not available and Lessee is unable to operate Lessee's Facilities on the Property for
uses consistent with Lessee's existing use immediately preceding such damage or destruction, rent shall
abate in full until such time Lessee Facilities are fully restored and operational on the Premises.
Alternatively, Lessee may elect to terminate this Lease as of the date of the damage or destruction by
notifying County in writing within 30 days following the date that the parties have determined, in good
faith, whether or not a reasonably practical and acceptable temporary site is available.
11. Condemnation. If a condemning authority takes all or a portion of County s Property,
which in Lessee's opinion is sufficient to render the Premises unsuitable for Lessee's use, then Lessee
may terminate this Lease as of the date when possession is delivered to the condemning authority.
12. Insurance. Without limiting or diminishing Lessee's obligation to indemnify or hold the
County harmless, Lessee shall procure and maintain or cause to be maintained, at its sole cost and
expense, the following insurance coverage's during the term of this Lease.
(a) Workers' Compensation: If the Lessee has employees as defined by the State of
California, the Lessee shall maintain statutory Workers' Compensation Insurance (Coverage A) as
prescribed by the laws of the State of California. Policy shall include Employers' Liability (Coverage B)
including Occupational Disease with limits not less than $1,000,000 per person per accident. The policy
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SIT F NUMBER: MNao2
SITE NAME: Menifee Fire Station#r76
TowerCo IWIName: CA29 7,/Mcnifee Fire Station
shall be endorsed to waive subrogation in favor of The County of Riverside, and, if applicable, to provide
a Borrowed ServanUAlternate Employer Endorsement.
(b) Commercial General Liability: Commercial Genera[ Liability insurance coverage,
including but not limited to, premises liability, contractual liabi€ity, products and completed operations
liability, personal and advertising injury, and cross liability coverage, covering claims which may arise
from or out of Lessee's performance of its obligations hereunder. Policy shall name the County of
Riverside, its Agencies, Districts, Special Districts, and Departments, their respective directors, officers, '.
Board of Supervisors, employees, elected or appointed officials, agents or representatives as Additional
Insureds. Policy's limit of liability shall not be less than $1,000,000 per occurrence combined single limit.
If such insurance contains a general aggregate limit, it shall apply separately to this agreement or be no
less than two (2) times the occurrence limit.
(c) Vehicle Liability: If vehicles or mobile equipment are used in the performance of
the obligations under this Lease, then Lessee shall maintain liability insurance for all owned, non-owned
or hired vehicles so used in an amount not less than $1,000,000 per occurrence combined single limit. If
such insurance contains a general aggregate limit, it shall apply separately to this agreement or be no
less than two (2) times the occurrence limit. Policy shall name the County of Riverside, its Agencies,
Districts, Special Districts, and Departments, their respective directors, officers, Board of Supervisors,
employees, elected or appointed officials, agents or representatives as Additional Insureds.
(d) Professional Liability Insurance: Lessee shall maintain Professional Liability
Insurance providing coverage for the Lessee's performance of work included within this Lease, with a limit
of liability of not less than $1,000,000 per occurrence and $2,000,000 annual aggregate. If Lessee's
Professional Liability Insurance is written on a claims made basis rather than an occurrence basis, such
insurance shall continue through the term of this Lease and Lessee shall purchase at his sole expense
either 1) an Extended Reporting Endorsement (also known as Tail Coverage); or 2) Prior Dates Coverage
from i� new :Insurer with a retroactive date back to to'ie date of, or prior to, the inception� of this Lease, or 3)
demonstrate through Certificates of Insurance that Lessee has Maintained continuous coverage with the
same or original insurer. Coverage provided under items; 1), 2) or 3) will continue for a period of five (5)
years beyond the termination of this Lease.
(e) General Insurance Provisions -All lines:
1) Any insurance carrier providing insurance coverage hereunder shall be
admitted to the State of California and have an A M BEST rating of not less than A: VIII (A:8) unless such
requirements are waived, in writing, by the County Risk Manager. If the County's Risk Manager waives a
requirement for a particular insurer such waiver is only valid for that specific insurer and only for one
policy term.
2) The Lessee's insurance carrier(s) must decfare its insurance self-insured
retentions. If such self-insured retentions exceed $500,000 per occurrence such retentions shall have the
prior written consent of the County Risk Manager before the commencement of operations under this
Lease. Upon notification of self insured retention unacceptable to the County, and at the election of the
Country's Risk Manager, Lessee's carriers shall either; 1) reduce or eliminate such self-insured retention
as respects this Lease with the County, or 2) procure a bond which guarantees payment of losses and
related investigations, claims administration, and defense costs and expenses.
3} Upon written request from the County, Lessee shall cause Lessee's
insurance carrier(s) to furnish the County of Riverside with either 1) a properly executed original
Certificate(s) of Insurance and certified copies of Endorsements effecting coverage as required herein,
and 2) if requested to do so in writing by the County Risk Manager, provide Certified copies of policies
including all Endorsements and all attachments thereto, showing such insurance is in full force and effect.
Further, said Certificate(s) and policies of insurance shall contain the covenant of the insurance carrier(s)
will endeavor to provide thirty (30) days written notice to the County of Riverside prior to any material
modification, cancellation, expiration or reduction in coverage of such insurance. In the event of a
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SITE N-UMBER: MNO02
SITI NAME: Menifee Sire Station 476
TowerCo IDINarne: C.k'21957/Wnifee Fire Station
material modification, cancellation, expiration, or reduction in coverage, this Lease shall terminate
forthwith, unless the County of Riverside receives, prior to such effective date, another properly executed
Certificate of Insurance, copies of endorsements or certified copies of policies, including all endorsements
and attachments thereto evidencing coverage's set forth herein and the insurance as required herein is in
full force and effect. Notwithstanding the foregoing, this Lease shall not terminate in the event of a
material modification, cancellation, expiration, or reduction in coverage if Lessor is provided with the
foregoing Certificate of Insurance, copies of endorsements and/or certified policies, not later than fifteen
(15) business days following receipt of notice from Lessor requesting same. Lessee shall not commence
operations until the County has been furnished Certificate (s) of Insurance and certified copies of
endorsements and if requested, certified policies of insurance including all endorsements and any and all
other attachments as required in this Section. An individual authorized by the insurance carrier to do so
on its behalf shall sign the original endorsements for each policy and the Certificate of Insurance.
4) It is understood and agreed to by the parties hereto that the Lessee's
insurance shall be construed as primary insurance, and the County's insurance and/or deductibles and/or
self--insured retention's or self-insured programs shall not be construed as contributory.
5) If, during the term of this Lease or any extension thereof, there is a
material change in the scope of services; or, there is a material change in the equipment to be used in the
performance of the scope of work which will add additional exposures (such as the use of aircraft,
watercraft, cranes, etc.); or, the term of this Lease, including any extensions thereof, exceeds five (5)
years the County reserves the right to adjust the types of insurance required under this Lease and the
monetary limits of liability for the insurance coverage's currently required herein, if; in the County Risk
Manager's reasonably judgment, the amount or type of insurance carried by the Lessee has become
inadequate.
(.., 6) Lessee shall pass down the insurance obligations contained herein to all
Li ei s of j�bt.Zll ll ll pc ED YSIVI kii lg under t111J Lease.
7) The insurance requirements contained in this Lease may be met with a
program(s) of self-insurance acceptable to the County.
8) Lessee agrees to notify County of any claim by a third party or any
incident or event that may give rise to a claim arising from the performance of this Lease.
13. Assignment and Subleasing. Lessee shall not have the right to assign, mortgage,
hypothecate or otherwise transfer in any manner this Lease or sublease the Premises and its rights
herein, in whole or in part, without County's consent, which consent will not be unreasonably withheld,
conditioned or delayed; provided however, that Lessee may assign or sublease without County's consent
its interest to its parent company, to Sprint, or any of their respective subsidiaries or affiliates or to any of
their respective successors-in-interest or entity acquiring fifty-one percent (51%) or more of its stock or
assets, subject to any financing entity's interest, if any, in this Lease acknowledged by written notice to
County; and further provided however, County hereby agrees that its consent shall be deemed to have
been given unless Lessee receives written notice of County's objection within thirty(30) days following
County's receipt of a request for consent pursuant to the terms of this Section 13. Upon written consent,
or deemed consent, of County of such third party assignment, Lessee will be relieved of all future
performance, liabilities and obligations under this Lease. Assignee shall be bound to all of Lessee's
liabilities and obligations of this Lease. Notwithstanding anything in this Section 13 to the contrary,
Lessee may mortgage or grant a security interest in this Lease and Lessee's Facilities, and may assign
this Lease and Lessee's Facilities to any such mortgagees or holders of security interests including their
successors and assigns (hereinafter collectively referred to as "Secured Parties"). If requested, Lessor
shall execute such consent to leasehold financing as may reasonably be required by Secured Parties.
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SITE NUMBER: MN002
SITE NAUIB: M.enifee Fire Station#76
TowerCo ITS/Narne: CA2957/Menifee Fire Station
14. Title and Quiet Enioyment.
(a) County represents and warrants that it has full right, power, and authority to
execute this Lease. County further warrants that Lessee shall have quiet enjoyment of the Premises
during the Term of this Lease or any Renewal Term. County hereby represents and warrants that it has
obtained all necessary approvals and consents, and has taken all necessary action to enable County to
enter into this Lease and allow Lessee to install and operate Lessee's Facilities an the Premises,
including without limitation, approvals and consents as may be necessary from other tenants, licensees
and occupants of County's Property.
(b) Lessee has the right to obtain a title report or commitment for a leasehold title
policy from a title insurance company of its choice. If, in the opinion of Lessee, such title report shows
any defects of title or any liens or encumbrances which may adversely affect Lessee's use of the
Premises: Lessee shall have the right to terminate this Lease immediately upon written notice to County.
15. Repair . Lessee shall not be required to make any repairs to the Premises except for
damages to the Premises caused by Lessee, its employees, agents, contractors or subcontractors,
16. Environmental. During the term of this Lease and any extensions thereof; Lessee shall
not violate any federal, state or local law, or ordinance or regulation, relating to industrial hygiene or to the
environmental condition on, under or about the Premises, in connection with Lessee's operation thereon,
including, but not limited to, soil and groundwater conditions. Further, Lessee, its tenants, successors or
assigns, shall not use, generate, manufacture, produce, store or dispose of on, under or about the
Premises or transport to or from the Premises any flammable explosives, asbestos, radioactive materials,
hazardous wastes, toxic substances or related injurious materials, whether injurious of themselves or in
combination with other materials (collectively, "hazardous materials") except for those contained in back-
up power batteries (lead-acid batteries), fuel for the emergency generator and common materials used in
telecornrliUniC2tions operations, e.g. clearing solvents. Lessee will treat all hazardous rilaterials brought '..
onto the Premises by it in accordance with all federal, state and local laws and regulations. For the
purpose of this lease, hazardous materials shall include, but not be limited to, substances defined as
"hazardous substances," "hazardous materials," or "toxic substances" in the Comprehensive
Environmental Response, Compensation and Liability Act of 1980, as amended. 42 U.S.C. Section 9601,
et seq.; the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801,et seq.; the Resource
Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq.; and those substances defined as
"hazardous wastes" in Section 25117 of the California Health and Safety Code or as "hazardous
substances" in Section 25316 of the California Health and Safety Code, and in the regulations adopted in
publications promulgated pursuant to said laws. County does not represent that the Premises have not
been used for the generation, storage, treatment or disposal of hazardous materials; hazardous
substances or hazardous wastes. In addition, County does not represent that no hazardous materials,
hazardous substances, hazardous wastes, pollutants, asbestos, polychlorinated biphenyis (PCBs),
petroleum or other fuels (including crude oil or any fraction or derivative thereof) or underground storage
tanks are located on the Premises. County agrees that it will not use, generate, store or dispose of any
hazardous material on, under, about or within the Premises in violation of any law or regulation. County
and Lessee each agree to defend and indemnify the other and the other's partners, affiliates, agents and
employees against any and all losses, liabilities, claims and/or costs (including reasonable attorneys' fees
and costs) to the extent arising from any breach of any warranty or agreement contained in this
paragraph.
17. Indemnity. Lessee shall defend, indemnify and hold harmless County, and its
officers, employees, agents and representatives from all actions, claims, suits, penalties, obligations,
liabilities of whatsoever kind and nature arising from death, personal injury, property damage or other
cause arising from any act or omission of Lessee, its employees, agents, or any subcontractors, agents
or representatives of Lessee, or Lessee's obligations contemplated by this agreement, to or in any way
connected with the Lessee's use of the Premises except to the extent any such losses, costs, damages,
liabilities, and expenses arise out of the negligence, willful misconduct or acts of County, or its officers,
employees, agents, or representatives. Such indemnification shalt include all costs and attorneys fees.
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SITE NUMBER: MN002
SITE NAME: Monifee Fire Station V76
7owerCo IDIName: CA29571Menifee Fire Station
18. Limitation of Liability. Neither party shall be liable to the other, or any of their respective
agents, representatives, employees for any , lost anticipatory profits, incidental, punitive, indirect, special
or consequential damages, or loss of data, even if advised of the possibility of such damages, whether
under theory of contract, tort(including negligence), strict iiabiiity or otherwise.
19. Miscellaneous.
Notices shall be in writing and shall be delivered to:
Lessee: County:
Tower Co County of Riverside
5000 Valleystone Dr. Economic Development Agency
Cary, NC 27519 Real Estate Division
Attention: Property Management 3403 10th Street, Suite 500
TowerCo Site ID#: CA2957 Riverside, CA 92501
RE: MN002 Fire Station #76
or to the address specified in the most recent written notice of any change in address. Delivery of notices
shall be made by hand, U.S. mail return receipt requested or reliable overnight courier.
(a) Notice shall be effective upon actual receipt or refusal as shown on the receipt
obtained pursuant to the foregoing.
(b) This Lease shall extend to and bind the heirs, personal representative,
successors and assigns of the parries hereto.
In accordance with the terms of Section 6(c), County shall have, at any time during normal
business hours; the right to enter the Premises for the purpose of inspecting, monitoring and evaluating
the obligations of Lessee hereunder and for the purpose of doing any and all things which it is obligated
and has a right to do under this lease.
If Lessee is to pay Rent to a payee other than the County, County shall notify Lessee of the
payee's name and address in writing at least thirty(30) days before the next Rent payment due date.
If any provision of the Lease is invalid or unenforceable with respect to any party, the remainder
of this Lease or the application of such provision to persons other than those as to whom it is held invalid
or unenforceable, shall not be affected and each provision of this Lease shall be valid and enforceable to
the fullest extent permitted by law.
This Lease shall be governed under California law, and be binding on and inure to the benefit of
the successors and permitted assignees of the respective parties.
Upon request either party may require that a Memorandum of Lease be recorded confirming the
(i) Lease commencement, (ii) expiration date of the Term, and (iii) the duration of any Renewal Terms.
Lessee reserves the right to survey the Property and/or the Premises, and said survey of the Property or
Premises will then become Exhibit B-1, which will be attached hereto and made a part hereof, and will
control in the event of discrepancies between Exhibit B-1 and Exhibit "A" Exhibit "B" and or Exhibit "C"
Lessor agrees to execute an Amended Memorandum of Lease in recordable form containing the new
legal descriptions of the Property or premises if so requested by Tenant.
This Lease constitutes the entire Lease between the parties, and supersedes all understandings,
offers, negotiations and other leases concerning the subject matter contained herein. Where are no
8of12
SITE NUMBER: MN002
SITE NAME: Menifee Fire Station#76
TowerCo ID/Narne: CA2957/Menifee Fire Station
representations or understandings of any kind not set forth herein. Any amendments, modifications or
waivers of any of the terms and conditions of this Lease must be in writing and executed by both parties.
The submission of this Lease for examination does not constitute an offer to lease the Premises
and this Lease becomes effective only upon the full execution of this Lease by the parties. Each of the
parties hereto warrants to the other that the person or persons executing this Lease on behalf of such
party has the full right, power and authority to enter into and execute this Lease on such party's behalf
and that no consent from any other person or entity is necessary as a condition precedent to the legal
effect of this Lease. The captions contained in this Lease are inserted for convenience only and are not
intended to be part of this Lease. They shall not affect or be utilized in the construction or interpretation of
this Lease.
IN WITNESS WHEREOF, the parties have entered into this Lease effective as of the date first above
written-
I
Date: Y
# LESSOR:
COUNTY OF R RSf®E, a political subdivision
By:
Name: Robert Field
Title: Assistant County Executive Officer/EDA
County of Riverside Tax ID#: 95-6000930
APPROVED AS TO FORM:
Pamela J. Walls, County Counsel I LESSEE:
By: �i TOWERC -ASETS, LLC
Name: Syfithia M. Gunzel
Title: Deputy County Counsel
By:
Name_�s Catalini
JRF:ra T e President f ocation and Real Estate
1/31/11
MN002 _i te:
13.888
9 of 12
SITE NUMBER: MN002
SITE NAME: Menifee Fire Station�76
`]`owerCo ID/Name: CA2957/Menifee Fire Station
EXHIBIT "A„
LEGAL DESCRIPTION OF COUNTY'S PROPERTY
Being a portion of Parcel 25 of Parcel Map 21838, as recorded in Book 146, Pages 1-26 of Parcel Maps,
records of Riverside County.
Described as follows:
Beginning at the intersection of the centerlines of Newport Road with Menifee Road;
Thence along the centerline of Menifee Road N 0°21'37" E 372.39';
Thence S 89°38'23" E 55 00' to the true point of beginning;
Thence N 0°21'37" E 65.17' along the Right-of-Way line of Menifee Road to the beginning of a curve
concave to the East;
Thence North-Easterly a distance of 183,65' along the arc through a central angie of 9'11'23" and having
a radius of 1145.00' to a point of non-tangency;
Thence N 52013'22" E 32.62;
Thence S 82°34'27" E 23.99'to the beginning of a curve concave to the North;
Thence Easter€y a distance of 40.85' along tI ie arc U 11 LdUVI Ii CE UM ILI CFI ai Itg.le of 6-54'17" and having a
radius of 339.00' to a point of tangency;
Thence S 89028'44" E 167.01';
Thence S 0'21'37" W 262.18';
Thence N 89°38'23" W 271.92' to the true point of beginning.
Tax Parcel No. 340-040-008-7
10 of 12
SITE NUMBER: UIN002
SITE NAME: Menifee Fire Station;f76
TowerCo ID Name: CA2957/Menifee Fire Station
EXHIBIT "B"
LEGAL DESCRIPTION OF THE PREMISES
Being a portion of Parcel 25 of Parcel Map 21838, in the County of riverside, State of Cafifornia, as per
map recorded in Book 146, Page(s) 1 through 26, inclusive of Parcel maps, in the Office of the County
Recorder of said County and more particularly described as follows:
Access Easement--
A strip of land 12.00 feet wide, lying 6.00 feet on each side of the following described centerline:
Commencing at the Northwesterly corner of Parcel 25 described above; thence along the Northerly
boundary of said Parcel 25, N 89°54751" E, 42.80 feet; thence at right angles leaving said [Northerly
boundary S 00005'09" E, 107.10 feet to the point of beginning; Thence S 00°24'45" E, 234.33 feet;
Thence N 89°41'58" E, 168.52 feet to a point hereinafter referred to as Point"A" and the end of said strip.
Lease Area--
Commencing at Point "A" described above; Thence S 00°18'02" E, 6.00 feet to the Point of Beginning;
Thence continuing S 00'18'02" E, 17.00 feet; Thence S 89°41'58" W, 30.00 feet; Thence N 00°18'02" W,
17.00 feet; Whence N 89°41'58" E, 30.00 feet to the Point of Beginning.
Containing 510 square feet of land, more or less.
11 of 12
SITE NUMBER: MN002
SITE NAME: Menifee Fire Station V76
TowerCo IWName: CA29571Menifee Fire Station
EXHIBIT "C"
DEPICTION OF THE PREMISES
The Premises consist of those areas depicted/shown below where Lessee's communications tower,
antennae, equiprnent, cables and utilities are situated on County's Property,
See Attached.
12 of 12
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