HomeMy WebLinkAbout06 - CC-4 - Attachment 2 - 9/20/2016ATTACHMENT 2
I
January 27, 2011
CITY OF COSTA MFS,
CALIFORNIA 92628-1200 P.O. BOX 1200
FROM THE OFFICE OF THE CITY CLERK
Danny Bazerman, Director
Network Operations and Engineering
T -Mobile West Corporation
2008 McGaw
Irvine, CA 92614
Dear Mr. Bazerman:
RE: Lease Agreement with T -Mobile West Corporation
At the regular meeting held on January 18, 2011, the City Council approved the
lease agreement for a cell tower at the Costa Mesa TeWinkle Park with T -Mobile
West Corporation, for the term beginning January 18, 2011 and five (5) years
after, with five (5) year options, in the amount of $24,00D per year with a 3%
annual increase.
A fully executed copy of the Communications Site Lease Agreement and
Technical Requirements for Third Party Collocation are enclosed for your
records.
Sincerely,
1
ULIE FOLCIK
City Clerk
Enclosures (2)
JF:sj
cc: Anna Tellez, Telecommunications
ITEM NO. 11-6
77 FAIR DRIVE
T —Al c
i
COMMUNICATIONS SITE LEASE AGREEMENT
THIS COMMUNICATIONS SITE LEASE
AGREEMENT (".Lease")
dated as of
January 18, 2011, 204 -0 -("Effective Date") is
between T -Mobile
West
Corporation,
a Delaware corporation, ("Lessee") whose local market
address is, 3 MacArthur
Place #1100, Santa Ana, CA. 92707, and the City of
Costa Mesa,
a Municipal
corporation, ("Lessor") whose address is 77
Fair Drive,
Costa Mesa,
CA 92628-
1200 (the Lessor and Lessee are sometimes
collectively
referred to herein as the
"Parties").
The parties hereto agree as follows:
1. Premises. Lessor represents that Lessor owns the real property legally
described in Exhibit "A" commonly known as TeWinkle Park, 980 Arlington Drive,
Costa Mesa (Assessor's Parcel Number 141-342-43). Subject to the following
terms and conditions, Lessor leases to Lessee that portion of Lessor's property
("Lessor's Property") depicted in Exhibit "B", including any applicable easements for
access and utilities (the "Premises"),
2. Use. The Premises may be used by Lessee for any lawful activity in
connection with the provisions of mobile/wireless 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. Lessor agrees, at no expense to
Lessor, 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 intended use of the Premises.
3. Condition Precedent, This Lease is conditioned upon Lessee, or Lessee's
assigns, obtaining all governmental licenses, permits and approvals enabling Lessee,
or its assigns, to construct and operate mobile/wireless communications facilities on
the Premises. This Lease is limited to those specific facilities and devises which are
shown on the approved plans and permits. Any expansion or sublease of the
Premises will require modification to this Lease agreement.
4. Term. The initial term of this Lease ("Initial Term") shall be Flve (;5) years i
commencing+ .with the, .IssuancE.,of . a:, .local bu'.ilding,{pe,r�rnit., allowing• ~Lessee-,Ao
construct its mobile/wireless communications facilities on the Premises, or twelve
(12) months from the Effective Date, whichever first occurs, ("Commencement
Date"). Lessee shall have the right to `e ' h, Terrn-Lofi this3 �eas'e for fi�ue>(5)
Additional =.Terms'("Renewal :Term") of five (5) years. each (the InitalTerm-4ar�d
Renewal Term are sometimes hereinafter 'collectively referred to as the "Term").
Each Renewal Term shall be on the same terms and conditions as set forth herein.
This Lease shall. on a le lly�b:e extPndnd:,for-,:the,..first�-end second five„ -.N(5) yeaj�
Renewal Term unless -Lessee notifies ~Lessor in writing of Lessee's intention not to
extend this Lease at least ninety (90) days prior to the expiration of the then-
BoilerPlateCellSite LeaseAgreement 1
existihlg Term or Renewal Term.
ar_,cf ttth., Henew:al .I erms .upon approval "of Less'or's City :Councl At least ninety
(90) d6ys prior to the expiration of the then -existing second, third or fourth Renewal
Term, Lessee shall notify Lessor of its intention to renew the Lease.
5. Rent. \/Ulfih n thirty h(3p) yssthe..:Commen6ern0 D.a�tenn(so long as
Lessor has provided Lessee with a signed and completed Substitute W-9 Form)
Lessee shall pay Lessor, as- annual ,.rent, the sum of, Twenty =our-Thousand..a:n,
no/100 Dolars .($24;OQ0.00). ("Rent:'t)'. Rent shall be payable annually, in advance,
to Lessor at Lessor's address specified at the beginning of this Lease �ThO,.Jir.1
payment shall be made. within thirty (30) days of the. ,CQmmence,ment Datev
Payment shall be made by check or draft issued and payable to the City of Costa
Mesa and received by the City's Finance Director. J,*
;(1'®rj)W?ff,X8"pt b�f Writt®={sin®tlee�firorr ,des~ 00-iiOn the anniversary
of the Commencement Date, 4R shall :increaser:=a`nnually.. at -ahe. rete:. of. three
perces, (%) ovErh,e pregedirlg year's Rent;
If this Lease is terminated by mutual agreement before the expiration of any
full lease year, Rent shall be prorated for any fractional lease year.
Lessee may expand the Premises for its equipment beyond the square footage
of the Premises, or sublease all or any portion of the Premises, only upon execution
of an amendment to this Lease, and Rent shall be increased in proportion to the extra
square footage included in the revised Premises or by a portion of any sublease
income. The existing lease area is approximately (insert number) by (insert number).
Additional rent may be due, and an amendment to this lease or applicable permits
may be required, if Lessee seeks to add equipment to its existing lease area without
expanding the square footage of the leased site.
6. Improvements; Access.
(a) Lessee shall have the right (but not the obligation) at any time following
the full execution of this Lease and prior to the Commencement Date, to enter the
Premises for the purpose of making necessary inspections and engineering surveys
(and soil tests where applicable) and other reasonably necessary tests (collectively
"Tests") to determine the suitability of the Premises for Lessee's Facilities (as
defined herein) and for the purpose of preparing for the construction of Lessee's
Facilities. During any Tests or pre -construction work, Lessee will have insurance
as set forth in Section 12, Insurance. Lessee will notify Lessor of any proposed
Tests or pre -construction work and will coordinate the scheduling of same with
Lessor. If Lessee determines that the Premises are unsuitable for Lessee's
contemplated use, then Lessee will notify Lessor and this Lease will terminate,
(b) Lessee has the right to construct, maintain, install, repair, remove and
operate on the Premises radio communications facilities, including but not limited
BoilerPlate CeIISite LeaseAgreement 2
to, radio frequency transmitting and receiving equipment, batteries, utility lines,
transmission lines, radio frequency transmitting and receiving antennas, GPS
devices and supporting structures and improvements ("Lessee's Facilities"). In
connection therewith, Lessee has the right to do all work necessary to prepare,
add, maintain and alter the Premises for Lessee's communications operations and
to install utility lines and transmission lines connecting antennas to transmitters
and receivers. Notwithstanding the foregoing, Lessee's work shall not affect or
interfere with Lessor's facilities existing on the Property as of the Effective Date.
Nor shall Lessee's work affect or interfere with the facilities of other lessees of
Lessor's property which are in existence as of the date of execution of this Lease.
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 by licensed and bondable contractors, at Lessee's sole
cost and expense and in good and workmanlike manner. Title to Lessee's Facilities
and any equipment placed on the Premises by Lessee shall be held by Lessee or its
equipment lessors 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.
(c) Lessor shall provide Lessee, Lessee's employees, agents, contractors,
subcontractors and assigns with access to the Premises during normal business
hours, Monday through Friday, 8 A.M through 5 P.M.. Access to the Premises
outside of normal business hours will be considered so long as Lessor can
reasonably accommodate access without cost to Lessor. In the event Lessor is
unable to do so during the normal course of Lessor's business, access will be billed
to the Lessee in the amount of Seventy -Five and no/100 Dollars ($75.00) per hour.
Lessor represents and warrants that it has full rights of ingress to and egress from
the Premises, and hereby grants such rights to Lessee to the extent required to
construct, maintain, install and operate Lessee's Facilities on the Premises, and to
remove them therefrom. Lessee's exercise of such rights shall not cause undue
inconvenience to Lessor.
(d) Lessor shall maintain all access roadways from the nearest public
roadway to the Premises in a 'manner sufficient toallow reasonable access. Lessor
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, and to
improve the present utilities on or near the Premises (including, but not limited to
the installation of emergency back-up power). Subject to Lessor's written approval
of the location, which approval shall not be unreasonably withheld, conditioned or
delayed, Lessee shall have the right to place utilities on (or to bring utilities across)
Lessor's Property in order to service the Premises and Lessee's Facilities, so long
as such placement does not interfere with the rights of other lessees of Lessor's
property for facilities or leaseholds in place at the time of such installation, and so
BoileWiateCeIISiteLeaseAgreement 3
long, as such placement does not interfere with Lessor's use of its property at the
time of installation, Upon Lessee's request, Lessor shall execute recordable
easement(s) evidencing this right. -
(f) Lessee shall fully and promptly pay for all utilities furnished to the
Premises for the use, operation and maintenance of Lessee's Facilities. If
practicable, �Lessee�shalj yinstali at :Le see's,eXpense ;a. seperate:;electric .m eer., arta
pay,>for.,;e;l:e.ctric�ty-dreotl=y In the,Fuevent ut�llties _fig„the, Premises ,ale
pished bey
�thp Less.o;rand are measured by privately installed sub -meters, Lessee shall pay as
additional rent the cost of utility service provided to the Premises and attributable
to Lessee's use ("Utility Charge"). Lessee shall pay --the estimated cost of Ahe
Utility Charge monthly. in a dvance.togethe.r with the,R:e.M. The parties estimate the
Utility Charge at the Commencement Date to be Two Hundred and no/100 Dollars
($200.00) per month. During the Term, at Lessor's request (which request shall
not be more frequent than once every twelve months), Lessee shall calculate the
actual Utility Charge for the immediately preceding twelve (12) months based on
the readings from the privately installed sub -meters at Lessor's Property. If the
actual Utility Charge varies from the estimated Utility Charges paid, the parties
shall adjust the Utility Charge to reflect Lessee's actual usage.
(g) Upon the expiration, cancellation or termination of this Lease, Lessee shall
surrender the Premises to Lessor in good condition, less ordinary wear and tear.
(7) Interference with Communications. Lessee's Facilities shall not disturb
the communications configurations, uses, equipment and frequency which exist on
Lessor's Property on the Commencement Date ("Pre-existing Communications"), and
Lessee's Facilities shall comply with all non-interference rules of the Federal
Communications Commission. Lessor shall not permit the use of any portion of
Lessor's Property in a way which interferes with the use of the Premises described
in Paragraph 2, above. In the event any such interference does not cease promptly,
the parties acknowledge that continuing interference will cause irreparable injury to
Lessee, and therefore, Lessee shall have the right to bring action to enjoin such
interference, in addition to any other rights or remedies at law or in equity.
Notwithstanding the foregoing, Pre-existing Communications operating in the same
manner as on the Commencement Date shall not be deemed interference. Nor shall
any of Lessor's pre-existing use of Lessor's property be deemed to interfere with the
use of Premises described in paragraph 2, and neither shall be subject to injunction.
If Lessor receives any request to locate any communications transmitting equipment
on Lessor's property from any third party (a "Carrier"), Lessor shall include in the
lease, license or other agreement with the Carrier a provision prohibiting the .Carrier
from interfering with the Communications operations of .Lessee's Facilities and
requiring the Carrier to comply with all the provisions set forth in the technical
requirements for third party co -location attached to this Lease as Exhibit "C" in
designing, locating and operating its transmitting equipment and in reconfiguring or
changing the frequency or operation of its equipment.
BoilerPlateCelISite LeaseAgreement 4
'.(8) Taxes. Lessee shall pay personal property taxes assessed against
Lessee's Facilities and Lessor shall pay when due, all real property taxes and all
other taxes, fees and assessments attributable to the Property, Premises and this
Lease.
(9) Termination'.
(a) This Lease may be terminated by Lessor if:
(1) Lessee commits any default under this Lease and fails to cure such
default within (i) ten (10) business days after Lessee received written notice of the
default, where the default is a failure to pay any annual installment of Rent when
due, or (ii) thirty (30) days after Lessee receives written notice of any non -monetary
default and fails to cure such default, provided that if the period to cure takes longer
than thirty (30) days and Lessee commences to cure the default within the thirty
(30) day notice period, then Lessee shall have such additional time as shall be
reasonably necessary to diligently effect a complete cure; or
(2) After the expiration. of the second Renewal Term, if any, Lessor
determines, in its sole discretion exercised in good faith, that Lessor must use
Lessor's Property in a manner that is incompatible with Lessee's Facilities following
one hundred eighty (180) days' prior written notice to Lessee; provided, however,
that (i) Lessor shall first use reasonable efforts to locate an alternate site within
Lessor's Property or on property owned by Lessor that is in the vicinity of Lessor's
Property that is satisfactory to Lessee for relocation of Lessee's Facility.
(b) This Lease may be terminated by Lessee without further liability for any
reason or for no reason, provided Lessee delivers written notice of termination to
Lessor prior to the Commencement Date.
(c) This Lease may also be terminated by Lessee without further liability
on thirty (30) 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 (ii) 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,
provided that the right to terminate under this subsection (c)(ii) is exercisable only if
Lessee pays Lessor as a termination fee the lesser of three monthly installments of
the Rent or the balance of the Rent due for the remaining months in the Initial Term
or any Renewal Term of this Lease.
(d) This Lease may be terminated by Lessee if Lessor commits a default
under this Lease and fails to cure such default within thirty (30) days after Lessor
receives written notice of any other default and fails to cure such default, provided
that if the period to cure takes longer than thirty (30) days and Lessor commences
BoilerPlateCeIISite LeaseAgreement 5
C)"
to cure the default within the thirty (30) day notice period, then Lessor shall have
such additional time as shall be reasonably necessary to diligently effect a complete
cure.
(10) Destruction of Premises.
(a) Except for damage or destruction caused by acts or omissions of
Lessee, if the Premises or Lessor's Property is destroyed or damaged so as in
Lessee's judgment, to hinder its effective use of Lessor's Property, Lessor shall
take reasonable efforts to identify and make available to Lessee within ten (10)
days a temporary site on the Property (or on other property owned or controlled by
Lessor) which in Lessee's reasonable discretion is equally suitable for Lessee's use.
Lessee may construct, operate, and maintain substitute Lessee's Facilities thereon
until Lessee's Facilities are fully restored and operational on the Premises. Rent
shall abate in full during any time that Lessee is unable to operate Lessee's
Facilities on the Property or on a temporary site provided hereunder. Alternatively,
Lessee may elect to terminate this Lease as of the date of the damage or
destruction by so notifying Lessor no more than thirty (30) days following the date
of damage or destruction.
(b) If the Premises is significantly damaged or destroyed and thereafter
Lessor elects to demolish and not rebuild the Premises, either party shall have the
right to terminate this Lease if a suitable relocation alternative does not otherwise
exist elsewhere upon Lessor's Property where Lessee's Facilities affected by the
damage or destruction may be relocated. If the Property is significantly damaged
or destroyed in such a manner that the Premises are directly affected by the
casualty event and Lessor thereafter elects to rebuild the damaged or destroyed
area, Lessee shall cooperate with Lessor to facilitate Lessor's efforts to repair or
restore the damaged or destroyed area of the Premises. Except if the damage or
destruction is caused by Lessee, Lessor shall similarly cooperate in identifying and
making available a temporary site for Lessee in accordance with the first sentence
of this Section 10. If the specific nature of the damage or destruction to the
Lessor's Property is such that there is no means to continue Lessee's operations in
the Premises or elsewhere temporarily upon Lessor's Property pending the repair or
restoration of the damaged Premises, then Lessor shall have the right to terminate
this Lease upon not less than ten 0 0) days' prior written notice to Lessee.
(11) Condemnation. If a condemning authority takes all or a portion of
Lessor'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. In any condemnation
proceeding each party shall be entitled to make a claim against the condemning
authority for just compensation (which for Lessee shall include, the value of the
Lessee's Facilities, moving expenses, prepaid rent, business dislocation expenses,
bonus value of the lease and any other amounts recoverable under condemnation
law). Sale of all or part of the Premises to a purchaser with the power of eminent
Bo1lerPlateCelISite LeaseAgreement 6
insurance.
Endorsements on .the pol'
the fo lowing provisions.
(a) Lessor and its I
and emp'loy'ee
Commercial Gen
(b) The policy a of .in
coverage .reduc(
Lessor; and
(c) Any other in'surf
be contributing.)
(13) Indemnificatio_r._
by this Section 12 shall contain
ards, members, officers, agents
litional insureds as respects the
bility policies;
P, nor shall be cancelled, nor the
after written notice is given to
r shall be in excess and shall not
ice provided by this policy.
xcept where prohibited by laws,
Lessee shall prote ct;dei end, 'mdemnify-and {Bold harmless Lessor City and its
elected and appointed, officials; offieers, and employees from any and all claims,
liabilities, expenses, including attorney feos; damage to property or injuries to or
death of any person or j ersons; or .ilarnagcsTofi any nature including, but not by
way of limitation, all civil claims or' wuorkers' 'coiipensation claims arising out of or
the intentional Ior,3hegligent acts, error or omissions of
in any way connected with
Lessee, its employees, agents or subcontractors in the performance of this Lease.
This obligation is separate frori and independent of ,;;Lessee's obligation to obtain
insurance as provided for in Paragraph 12.;'above In no event shall Lessee
indemnify, defend or hold Lessor, harmless for claims arising out of or in any way
l
subsidiaries, or the affiliates or subsidiaries of its parent, (iii) in connection with the
sale, exchange, or other transfer of Lessee's FCC authorization for the geographic
area in which the Premises are located or substantially all of Lessee's assets in the
geographic area where the Premises are located; or (iv) in connection with any
financing, loan, security interest, pledge, or mortgage of Lessee's property. Any
such assignment or sublease shall require Lessee to notify Lessor in writing within
ten (10) days of such assignment or sublease. Any other assignment or sublease
of any portion of the leased Premises requires Lessor's prior written approval,
which approval shall not be unreasonably withheld,, delayed or conditioned, but
may include a requirement for increased rent. Upon approved assignment, Lessee
shall be relieved of all liabilities and obligations hereunder, except those liabilities
and obligations which arose prior to the approved assignment, and Lessor shall
look solely to the assignee for performance under this Lease and all obligations
hereunder.
Additionally, Lessee may, upon notice to Lessor, collaterally assign or
grant a security interest in this Lease and the Lessee's Facilities, and may assign
this Lease and the Lessee's Facilities to any mortgagees or holders of security
interests, including their successors or assigns (collectively "Secured Parties"). In
such event, Lessor shall execute such consent to leasehold financing as may
reasonably be required by such Secured Parties.
(15) Title =and Quiet Enjoyment.
(a) Lessor represents and warrants that it has full right, power, and
authority to execute this Lease. Lessor further warrants that Lessee shall have
quiet enjoyment of the Premises during the Term of this Lease. Lessor hereby
represents and warrants that it has obtained all necessary approvals and consents,
and has taken all, necessary action to enable Lessor to enter into this Lease and
allow Lessee to install and operate Lessee's Facilities on the Premises, including
without limitation,., approvals and consents as may be necessary from other
tenants, licensees ,and occupants of Lessor'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 lessor.
(16) Repairs. 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, subcontractors, or invitees.
(17) Environmental. Lessor represents that, to the best of its knowledge, the
Premises have not been used for the generation, storage, treatment or disposal of
Hazardous Materials. In addition, Lessor represents that, to the best of its
knowledge, w) Hazardous Materials or underground storage tanks are located on or
BoilerPlateCeIISite LeaseAgreement 8
near' the Premises. Lessee shall not bring any Hazardous Materials onto the
Premises except for those contained in its back-up power batteries (e.g. lead -acid
batteries) and properly stored, reasonable quantities of common materials used in
telecommunications operations (e.g. cleaning solvents). Lessee shall handle, store
and dispose of all Hazardous Materials it brings onto the Premises in accordance
with all federal, state, and local laws and regulations. "Hazardous Materials"
means any substance chemical, pollutant or waste that is presently identified as
hazardous, toxic, dangerous under any applicable federal, state or local law or
regulation and specifically includes but is not limited to asbestos and asbestos
containing materials, polychlorinated biphenyl's (PCBs) and petroleum or other
fuels (including crude oil or any fraction or derivative thereof).
(18) Miscellaneous. Notices shall be in writing and shall be delivered to
Lessee, T -Mobile USA, Inc., 12920 SE 38" Street, Bellevue, WA 98006, Attn:
PCS Lease Administrator, with a mandatory copy to: Attn: Legal Dept. and with a
mandatory copy to: T -Mobile West Corporation, 3 MacArthur Place, #1100, Santa
Ana, CA 92707, Attn: Lease Administration Manager, with a mandatory copy to:
Attn: Legal Dept.. Delivery of notices shall be made by hand, U.S. mail return
receipt requested or reliable overnight courier. Any notice served personally shall
be deemed delivered upon receipt, and served by certified or registered mail or by
reliable overnight courier shall be deemed delivered on the date of receipt as shown
on the addressee's registry or certification of receipt or on the date receipt is
refused as shown on the records or manifest of the U.S. Postal Service or such
courier.
If Lessee is to pay Rent to a payee other than the Lessor, Lessor shall notify
Lessee in advance in writing of the rent assignment and payee's name and
address.
The substantially prevailing party in any legal claim hereunder arising shall be
entitled to its reasonable attorney's fees and court costs, including appeals, if
any.
Lessor shall obtain for the benefit of Lessee a reasonable Non -Disturbance
Agreement from the present and any future mortgagee(s) or holder(s) of a deed
of trust confirming that Lessee's right to quiet possession of the Premises
during this Lease shall not be disturbed, so long as Lessee is not in. default under
this Lease.
If any provision of this 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 the Lease shall be valid and enforceable to the
fullest extent permitted by law.
BoilerPlate Cell SiteLeaseAgreement 9
Terms and conditions of this Lease which by their sense and context survive
the termination, cancellation or expiration of the Lease will so survive.
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. The Lease shall be construed simply, as a whole and in accordance
with its fair meaning and not strictly for or against either party. The Lease shall
not be interpreted or construed against the party preparing it. In the event of
any legal action to enforce or interpret this Lease, the parties hereto agree that
the sole and exclusive venue shall be a court of competent jurisdiction located in
Orange County, California.
Upon request, either party may record a Memorandum of Lease confirming
the (i) Lease commencement, (ii) expiration date of the Initial Term, and (iii) the
duration of any Renewal Terms.
Where either Lessor or Lessee is required to obtain the consent or approval
of the other party, such consent shall not be unreasonably withheld or delayed
and each party will attempt to respond within twenty (20) business days of
submitting a written request for consent or approval unless otherwise specified
herein.
Each person executing this Lease for either Lessee or Lessor represents and
warrants, for himself or herself and for the party for which the person purports
to act, that such person is authorized to execute the Lease on behalf of such
party, that such person is acting within the scope of such person's authority,
and Chat all necessary action has been taken to give such party the authority,
and the party has the authority to enter into this Lease and to be bound by the
terms of this Lease.
This Lease constitutes the entire Lease between the parties and supersedes
all understandings, offers, negotiations and other leases concerning the subject
matter contained herein. There are no 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.
BoilerPlateCelISite LeaseAgreement 10
19
N
IN WITNESS WHEREOF, the parties have entered, into this Lease effective as of the
date first above written.
LESSEE:
T -Mobile West Corporation
a Delaware corporation
By:
Name: Danny Bazerman
LESSOR:
City of Costa Mesa
a Municipal Corporation
By:
Name: Gar Monahan
Title: Director, Network Operations and Engineering Title: Mayor, City of Costa Mesa
Dater Date: January 19, 2011
ATTEST WITNESS ATTEST WITNESS
Date: 7 ' �` Date:
V
52
App vedas to
LA03595D — Tewinkle Park 10