HomeMy WebLinkAbout01549 - STONE EDOM HILL RADIO TRANSMISSION SUPPLEMENTAL AGREEMENT NO. 1
TO AGREEMENT NO. 1549
WHEREAS, Vaughn C. Stone, hereinafter called "Lessor" and the City of Palm Springs,
a Municipal Corporation, hereinafter called "Lessee" entered into Agreement
No. 1549 on or about the 7th day of November, 1979 for the term and upon the
conditions set out therein, and
WHEREAS, the Lessor and Lessee mutually desire to change the legal description as
described on "Exhibit A" and attached to said Agreement No. 1549.
NOW THEREFORE, it is hereby mutually agreed that the legal description as described
on Exhibit "A", attached to said Agreement No. 1549 and made a part thereof is to
be substituted by "Exhibit A" attached to and made a part of this Supplemental
Agreement.
All other terms, covenants, and conditions of Agreement No. 1549 are to remain in
full force and shall not be affected by this Supplemental Agreement.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed
on the date indicated below:
Executed in triplicate, each copy of which has the effect of an original , this
LL-
a
�o day of Mtpti—a . 19-7-9-.
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
City Clerk
Byl \
City Clerk City nager
APPROVED AS TO FORM:
City Attorney ��'ughn C. Stone, Lessor
Date:
VE AS TO CONT
Director, Tra art ion ?'➢ .3
Date:
EXHIBIT "A"
That portion of Section 35, Township 3 South, Range 5 East, San Bernardino
Base and Meridian, in the County of Riverside, State of California , described
as follows :
Commencing at the Northeast corner of said Section 35 ;
thence South 56°00' 25" West, a distance of 2174.58 feet;
thence South 76°09' 19" West, a distance of 550.00 feet
thence South 13°50'45" East, a distance of 500 .00 feet;
thence South 52°34'42" West, a distance of 1316 . 78 feet;
thence West, a distance of 250.00 feet; thence South , a
distance of 250.00 feet; thence East, a distance of 354.12
feet; thence North 10°22' 39" West, a distance of 278.00
feet; thence South 42°42'06" West, a distance of 4 .00 feet;
thence North 47°17 ' 54" West, a distance of 3.50 feet to the
TRUE POINT OF BEGINNING; thence North 42°42' 06" East, a
distance of 15.00 feet; thence North 47°17 ' 54" West, a
distance of 35.00 feet; thence South 42°42'06" West, a
distance of 45.00 feet; thence South 47°17' 54" East, a
distance of 20.00 feet; thence North 12'42 '06" East, a
distance of 30.00 feet; thence South 47°17' 54" East, a
distance of 15.00 feet to the TRUE POINT OF BEGINNING.
1
I —
2
Qa A�
EXISTING TOWER
C3 �� 02oti
ti
Amu P �a ODD e aI
1°\� '06
DO
i
h
h
o , ro
N.E.COR.
SEC.35
' T3S,R5E.
1
S76°09'19"W,550'
OD
s
1 " WEST 250
uo
N �j
00,
EA 354.12' -
CITY OF PALM SPRINGS
DEPARTMENT.. OF COMMUNITY DEVELOPMENT ENGINEERING DIVISIOP
LEASE PLAT
a.
l
' EDOM HILL TRANSMITTER LEASE SITE DESIGN BY: SCALE: FILE N2
SECTION 35, T. 3S., R. 5E., S• B. B. d M. F. 0.M. NO SCALE R /W
CHECKED BY: DWG, Ng: SHEET N'
1 0F 1
9 a 2
Vaughn C. Stone;- City to
lease por of Sec 35 for bldg
for radio transmission
AGREEMENT #1549 (Orig 11-7-79)
L E A S E Mo 2728, 11-7-79
(Edam Hill)
THIS LEASE, made this -I day of 1979,
between VAUGHN C. STONE, hereinafter called "LESSOR," and the CITY OF PALM
SPRINGS, a municipal corporation, hereinafter called "LESSEE: "
WITNESSETH: That in consideration of the covenants and agreements herein-
after contained, Lessor does hereby lease, demise and let to Lessee a parcel of
real property comprising 3,000 square feet located on Edom Hill in Section 35,
Township 3 South, Range 5 East, S.B.B. & M. , in the County of Riverside, State
of California, as more particularly described on "Exhibit A," attached hereto and
made a part hereof for all purposes.
This lease shall be for a term of Ten (10) years, commencing on the date
Lessee begins using the building and facilities it will construct for radio trans-
mission on the leased site, and ending Ten (10) years from said date, upon the
following terms and conditions:
I.
Lessee agrees to pay to Lessor as rental of said property the sum of
One Thousand Five Hundred ($1 ,500.00) Dollars per annum, payable in advance on
the first day of each annual lease year, for the first Five (5) years. The annual
rental for the remaining Five-year period shall be the initial $1 ,500.00 plus an
additional sum equal to the proportionate increase in the Consumer Price Index
of the Bureau of Labor Statistics of the U. S. Department of Labor as said Index
has varied since the inception of this Lease, subject, however, to a maximum of
Five (5%) per cent per year.
II.
Lessor hereby grants to Lessee options to extend this Lease for Four (4)
further terms of Ten (10) Years each from the conclusion of the intial term of
Ten (10) years upon the same terms and conditions herein contained except that
the annual rental for each option period exercised by Lessee shall be determined
(1 )
by revising the annual rental theretofore being paid in direct proportion to
the increase or decrease of the Consumer Price Index of the Bureau of Labor
Statistics of the U. S. Department of Labor as said Index has varied since the
inception of the prior term, subject, however, to a maximum increase of Five (5%)
per cent per year.
If Lessee elects to exercise each and any of the above options, it shall
first give Lessor written notice of its intention to do so at least six (6)
months prior to the beginning of each Ten (10) year term.
III.
Lessor hereby grants to Lessee an option to purchase the parcel of land
leased hereunder at the conclusion of the initial Ten (10) year term, provided
Lessor be deceased at that time; if Lessor is still living at the conclusion of said
initial term, Lessee is then granted an option to purchase said parcel of land
at the end of the 1st Ten (10) year option, or at any time thereafter at Lessee's
election. The then purchase price to be agreed upon by the parties, their heirs
or assigns, and in the event they cannot agree mutually upon a price, it is
specifically agreed that the purchase price shall be submitted to and established
by binding arbitration.
IV.
In addition to the parcel of land being leased hereunder to Lessee, Lessor
further grants to Lessee an easement for ingress and ---egress over his remaining land
in Section 35, lying between the FAA road and this parcel , and also the unlimited
license to use any of Lessor's unimproved adjacent land in Section 35 for ingress
and egress in Lessee's determination of future convenient routes to reach and
maintain its radio transmitting facility to be constructed.
V.
In addition to the above easement, Lessor agrees that Lessee may use
such adjacent vacant lands to bring in utilities such as power and telephone, etc. ,
to its leased site.
(2)
9 a 3
9 a 4
VI .
It is specifically agreed between the parties hereto that Lessee shall
have no oil , gas, mineral or mining rights whatsoever in the property herein being
leased, whether subsurface or otherwise.
VII .
Lessee agrees that if at any time during the term of this Lease or the
option periods any property taxes or assessments become payable due to leasehold
improvements placed upon the property by Lessee, it will pay the same when due
and hold Lessor harmless therefrom.
VIII.
Lessee further covenants and agrees:
ONE: To pay Lessor said rent due as above and also to pay when due and
to the appropriate authorities and utilities, all electric, gas and other utilities
in connection with its use of the property leased.
TWO: Not to assign, mortgage nor hypothecate this Lease or any interest
therein, nor to let or sublet the whole or any part of said premises, nor devote
the same to any use other than radio transmitting, without in each instance first
obtaining the written consent of Lessor; and neither this lease nor any interest
of Lessee therein shall be transferrable by operation of law, attachment or other
judicial process.
THREE: Not to call on Lessor to make any improvements , replacements or
repairs on said land or premises; Lessee hereby waives any and all rights under
Section 1942, Civil Code of California, as to repairs, etc.
FOUR: To hold Lessor and said premises harmless from any loss or damage re-
sulting from the use or misuse of said premises by Lessee.
FIVE: If Lessee obtains any independent liability insurance coverage on the
premises, it agrees that said policy shall name both Lessee and Lessor, as insured.
(3)
IX.
It is further agreed by Lessor that upon execution of this Lease by
Lessee, Lessee shall have the right of immediate entry to the described and desig-
nated parcel leased together with a license for ingress and egress over all
required portions of Section 35 for the purpose of constructing its radio trans-
mitting building and facilities. No rental shall be payable to Lessor until
Lessee commences operation of its radio facility at which time this lease shall
commence.
Each and all of the conditions, covenants and agreements herein contained
shall , in accordance with the context, inure to the benefit of Lessor and apply
to and bind Lessee and Lessor, their respective heirs, legatees, devisees, ad-
ministrators, executors, successors, assigns and any sublessees, and/or any person
who may come into possession of said premises or any part thereof in any manner
whatsoever.
a,
VAUGHN � . STONE
LESSOR
CITY OF PALM SSP�RINGS
BY 9 GNEY �0� rl
=
f'" e(
Cfy /rft r .
B
STATE OF CALIFORNIA, SS
COUNTY OF J
ON !i¢>aust 7, 1979
before me, the undersigned, a NotaryPublic , 19
;�..;. g.w;♦;��y: +:�FB_•'.❖:'"1 '►; Yui hn (=, o,1e blic in and for said State, personally appeared
—
a OFFICIAL SEAL LA.M.K.D.WNT—GI,
C. T. VONDY
RY PUBLIC, CALIFCID41A .%
RINCIPAL OFFICF IN , known to me,
S ANGELES COUM1fLV t0 he th0 perS00_WhOSe name 15 subscribed tothe Within Instrument,
PIRES SEPTEM6ER F3� 19NX� and acl(nOWledged t0 me tflat—he_ OYecuted the Same.WITNESS my hand and official seal.
T.
9cry Public in andior said State.of I�os J4;7o:el2s— o co is form L,i'1tev:3-bra
9 a 5
• • 9 a 6
EXHIBIT "A"
That portion of Section 35, Township 3 South, Range 5 East, San Bernardino
Base and Meridian, in the County of Riverside, State of California, described
as follows:
Commencing at the Northeast corner of said Section 35;
thence South 56000'25" West, a distance of 2174.58 feet;
thence South 76009' 19" West, a distance of 550.00 feet
thence South 13°50'45" East, a distance of 500.00 feet;
thence South 52034'42" West, a distance of 1316.78 feet;
thence West, a distance of 250.00 feet; thence South, a
distance of 250.00 feet; thence East, a distance of 354.12
feet; thence North 10°22'39" West, a distance of 278.00
feet; thence South 42042'06" West, a distance of 4.00 feet;
thence North 47°17'54" West, a distance of 3.50 feet to the
TRUE POINT OF BEGINNING; thence North 42°42'06" East, a
distance of 15.00 feet; thence North 47017'54" West, a
distance of 45.00 feet; thence South 42°42'06" West, a
distance of 30.00 feet; thence South 47017'54" East, a
distance of 30.00 feet; thence North 42°42'06" East, a
distance of 15.00 feet; thence South 47°17'54" East, a
distance of 15.00 feet to the TRUE POINT OF BEGINNING.
EXHIBIT "A" - Page 1 of 2
,
I
cl)D�
Rio F EXISTING TOWER
'j olk� Dill ,
C"/
5 �� \
/Z
/ 1 \
0 //� a
/5�y
\ v, ^v
,
41
4 1 p
p
i
N N.E.COR.
N,11
W 1 SEC.35
T3S,R5C.
1
-- i S76o09'19"W,550
p
1 � .
i A `ri
------�i--- ✓6y2o 11O•
o WEST 250 AS.
1
N
1
z 1 00.
0 .
_EA ST Y354.12'
CITY OF PALM 'SPRINGS
DEPARTMENT OF COMMIUNITY DEVELOPMENT ENGINEERING DIVISION
LEASE PLAT
L.f?OM HILL TRANSMITTER LEASE SITE DESIGN BY: SCALE; FILE N?!
SECTION 55, T. 3S., R. 5E., S. S. S. FA M. F. O.M, I NO SCALE � Iti /W
CHECKCD BY: I DWG. Na: SHEET NA
EXHIBIT "A" - Page Df 2 1 OF
w u a 7