HomeMy WebLinkAbout02893 - BENDER MOORE EDOM HILL LEASE NOTE FOR FILES: A2893 Edom Hill Lease with Insite Towers
A5713 ERICA JPA
A6665 Sublease with ERICA for Edom Hill
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EDOM HILLS TOWER COMPOUND, RIVERSIDE COUNTY, CA
TO: INSITE TOWERS, LLC, its affiliates, successors and/or assigns ("Purchaser").
LEASE: That certain Ground Lease Agreement dated 09/19/90 between The Michael and
Linda Nichols Trust, Ronald and Pamela Nichols Trust, and the John Bender Moore Successors Trust,
etc., as "Lessor," and City of Palm Springs, a municipal corporation, as "'Lessee" (the "Lease"
herein). A true and complete copy of the Lease and any and all amendments thereto is attached
hereto and Incorporated herein as Exhibit"A",
PREMISES: The real property, tower(s), and/or related transmission room space as further
described in the Lease (the "Premises"), which Premises are located at the communications site
owned and operated by Lessor near Palm Springs in Riverside County, California (the "Site").
Lessee hereby certifies to Purchaser_asfollow§.;
1. Lessee is the lessee under the Lease. The Lease Is in full force and effect, and has not been
assigned, subleased, modified, supplemented or amended (except to the extent of any
amendments included in Exhibit A). There do not exist any agreements (whether oral or
written) concerning the Premises other than the Lease.
2. The term of the Lease is set forth in therein. There are no renewal options under the Lease
except as set forth therein. Lessee has accepted possession of the Premises in accordance with
the terms of the Lease.
3. The current monthly rent payable by Lessee to Lessor under the Lease is $ 511.17
Any scheduled increases thereto are as set forth in the Lease. All rent and other amounts due
and payable under the Lease by Lessee have been paid through July 31 20 O§.
4. To the Lessee's actual knowledge, there is no default by Lessor in the performance or
observance of any covenant, agreement or condition contained in the Lease to be performed or
observed by Lessor, and there has not occurred any event which, with the giving of notice or
passage of time or both, would become a default under the Lease. Lessee has not received
from Lessor any notice of Lessee's default in the performance or observance of any covenant,
agreement or condition contained in the Lease to be performed or observed by Lessee which
has not been cured by Lessee.
S. Lessee's address for all notices, bills, statements, demands, requests, consents and other
communications is as set forth in the Lease or, if such address has changed, is
City of Palm Springs, Office of_jl1&_Ljj,;r Iyianager, P.O. ➢ox 2743, Palm Springs,
CA 92263-2743
6. This Certificate Is binding upon Lessee and its successors and assigns and Is delivered as an
inducement to Purchaser and its successors and assigns in connection with Purchaser's
acquisition of the property on which the Site is located from Lessor. The party executing this
Certificate on behalf of Lessee represents that he/she has been duly-authorized to do so.
Executed on this 16th day of November. 2007.
�SSFF
By �:txX EA RTN(aS �`
Name_ David H. Ready
Title: City Manager
Cdom Hill, CA Form Ground Lessee Estoppel
L E A S g 'p
y
THIS LEASE, made this day of
l
between BBNDER HOORE and uENEVIZvE N. MCORE, hereinafter called
LESSORS and the CITY OF PASSE SPRINGS, a municipal corneration,
herein after called LESSEE:
WT NESSSTH: That in consideration of the covenants and
agreements "Hereinafter contained, LESSORS do hereby lease, let and
demise to LESSEE, a parcel of real property comprising 1,125 Square
Peet located on Edom Hill in Section 35, T.3S, R.5E_ S. B. S. & M. ,
in the County of Riverside, State of California, as more
particularly described in 10Exhibit All, attached hereto and rilade a
part hereof for all purposes_
I.
This Leas-, is for a terra o$ Forty (Ra) years, unless
ow
terminated by LESSEE sooner, commencing August 1, 1990 and
terminating on 7L y 31, 2030, upon the following tests and
conditions_
FF.
The annral rental for the first year of this Lease shall be
the sum Of Three Thousand Six Hundr^d ($3,600. 00) Dollars payable
upon the execution of this Lease by the properly authorized
representative of the City of Palm Springs . "he parties have also
agreed that :.here shall he annual adjustments of the rental
hereunder 'beginning on August 2, 1991. Such annual increases shall
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be determined in the following many er-
A. Annual Rent shall be adjusted as of Aujust 1, 1991 and as
of Auqust 1st of etch calendar year thereafter througho'wt the tern
of '4?zis Lease Agreeaae at_ Such adjustments :may result mn the Annual
Rent be-ing sither increased or decreased, provided, however, that
in no event shall the Annual Rent be increased by more -that six
(6%) pereen'- over the amount which was paid for the twelve month
period immediately preceding said adjustment and in no event be
lower than the initial rental for 1990 through 1991, to-wit,
$3,600.00.
B_ The basis for computing each such annual adjustment shall
be by mrultiplying the rental paid immediately ,prior to the current
xdjastnent by the percentage increase or decrease (subject to the
above limitations) of the Consumer Price Index for all urban
consun;ers applicable to the Los Angeles-Riverside-Pnareim area
published in the U. S. Department of Labor, Bureau of Labor
Statistics (Ali items (1967=100) (e4Index") then in effect over the
Index that was in effect at the commence_Taeniv of the im'Mediate1v
preceding tu;eltre mo '4L^ period.
oration_ cZ_^fie urinate and Cancel_Ugm
LESSEE is hereby granted an option to terminate and cancel
this Lease at the and of each five (5) year test co=encing on
July 31, 1995 and each five (5) year period thereafter if in its
sale discretion it so desires. If LESSEE elects to e.-ercise this
option it shall give LESSORS at least six (6) months writ-ten notice
prior to tee expiration of each five (5) year period.
Option to Pa:rchase L•easad site:
LESSEE is hereby granted an option at t^_e and of each five (5)
2
year term, ootuxnerciag in 1995, to purchc its leased tiite
(described in ftibit "A") together with the . &provements hereon.
Ti' LESSEB elects to exercise this option it shall give LESSORS at
least six (o") months written notice prior to the enc of the five
(5) year tee of its election to so purchase. The parties agree
a
upon suc;-j notice 'being given to negotiate :between t1,4emselves to
Varrive at a reasonable sales price for the site and improve eats.
If the parties a--e unable to agree upon a price, they agree to
submit thereof to two independent appraisers or
to the American Arbitration Society or its successor or ecrl�ivalent
for minding, araztration.
Xv.
In additior, to the site and area here.mder leased to LESSEE,
LESSORS hereby grant LESSEE an easement for irgress and egress over
any of t..heir adjacent unimproved lands in Section 35_
V.
The premises herein leased to LESSEE are leased only for use
aS a radii transmission, radio repeater or microwave retransmission
facility.
VI.
3,ESSuE agrees that if at any time daring the term of this
lease any property waxes or assessments are levied or become due as
to any improvements raw existing, or which might be placed or. - he
Property by LESSEE, it shall pay the same when due and "cold LESSORS
harmless zherefrom.
VTT.
Lessee a sees not to assign, mortgage or hypothecate this
Lease or ary interest therein, nor to let or sublet the whole =
any par; of saic premises, without in each instance first oataining
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the written conser¢ oz LessuKb.
However, LESSEE Tiay without requir?ng approval of LESSORS,
sublet or a!--row use of its premises yoinziy by any other municipal
County, State of Federal police or fire department facility or
organization.
Vila.
LESSEE agrees not to call on LESSORS to rake any improvements,
replace?xents or repairs on said premises. LESSEE hereby waives any
and all rights under Section 1942, Civil code of California, as to
repairs, etc. LESSEE further releases LESSORS from any and all
liability for damages which may be sustained by LESSEE and any and
all other persons or parties in connection with the use of the
premises by LESSEE.
19.
if any rent scab be due and payable, and remains unpaid, or
if default be made in any of the covenants or agreements of this
lease, LESSORS agree that 30 days written notice shall be given
LESSEE to cure rental defaults and 90 days written notice to cure
any and all other defaults or breaches. Such time periods sisal"_
commance fallowing thw day of delivery of such notice to LESSEE by
registered or certified mail. LESSEE agrees that LESSORS may,
without further notice or demand, re-enter and take possession of
said premises, if LESSEE `ails to cure the default.
LESSORS may from t;me to time, at their option, exercise all
rights a_u+d remedies which they ray have either at law or in eqi�ity,
and nothinc hare in shall be construed as in any way abridging or
waiving any such sights and/or remedies; and consent or compromise.
of or by LESSORS under any of the provisions of this Lease as to
any breast cr default thereunder by LESSEE, shall not constitute or
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be const--L'Led as - waiver of LESSOR'S rigt to enfo—ce strict
p�tfo ante of the conditions and terms :hexaof by LESSEE at all
other times as to the same and all other matters herein contained.
Time is of r�z essence herein.
Each and a71 of the conditions, covena-ts and agreements
herein contained small, in accordance with context, inure to the
benefit of LESSORS and apply to and bind LESSEE and LESSORS, their
respective heirs, ?egatees, devisees, administrators, executors,
successors, assigns and any sub-lessee's and or any person who may
come into possession_ of said premises or any part thereof in any
manner whatsoevem.
{ EENTDER MOORE r
GENEDTk;dE N. MOORE
LESSORS
ATTEST: CITY OT' PALM SFRTNGS
k. � By
City Clerk �y
C�
By City Manager
LESSEE
APPROVED AS TO TERMS APPROVED AS TO FORM
By
SAMES W. iZ GP. rlct7_ng CZ y A torney
�C76' rcvmcfc�CJfYiCd /�/�'i'Vi36"e7[
APPROVED AS TO OW*1'2110 f�(.1,f 4SHIP AND Date�e4'
DESCRIPTION
"p.p 'OVED By Ltd CITY
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By RCS•EdO.
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That portion of Section 35, Township 3 Seth, Range 5 East, San
Bernardino rase 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`09119" 'nest, a distance of 550.00 feet;
thence South 13�50'45" East, a distance of 500. 00 feet;
thence South 52'34'42" We5t, a distance of 1316.78 feet;
thence West, a distance of 250.00feet; thence South, a
distance of 250.00 feet; thence East, a distance of
354.12 feet; thence North 10'22'39P0 'Wiest, a distance of
278.00 feet; thence South 42'42106't West, a distance of
4.00 feet; thence North 4VIV 54" Hest, a distance of
3 ,50 feet to the TRUE POINT OF BEGINNING; thence North
42'42'061� East, a distance of 15.00 feeC; thence North
47'27'5410 West, a distance of 35.00 feet; thence South
42°42106t0 West, a distance of 45.00 feet; thence South
47'37154" East, a distance of 20.00 feet; thence North
42'42706" East, a distance of 30.00 feet; thence South
47'17'541' East, a distance of 15.00 feet to the TRUE
POINT OF BBGlY.4ING.
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„ Bender & Genevieve Moore
Edom Hill Lease - 1990-2030
AGREEMENT #2893
R17272, 9-19-90
L E A S E
THIS LEASE, made this day
of L 1990
between BENDER MOORE and GENEVIEVE N. MOORE, hereinafter called
LESSORS and the CITY OF PALM SPRINGS, a municipal corporation,
herein after called LESSEE:
WITNESSETH: That in consideration of the covenants and
agreements hereinafter contained, LESSORS do hereby lease, let and
demise to LESSEE, a parcel of real property comprising 1, 125 Square
Feet located on Edom Hill in Section 35, T. 3S, R.5E. S. B. B. & M. ,
in the County of Riverside, State of California, as more
particularly described in "Exhibit All , attached hereto and made a
part hereof for all purposes.
I.
This Lease is for a, term of Forty (40) years, unless
terminated by LESSEE sooner, commencing August 1, 1990 and
terminating on July 31, 2030, upon the following terms and
conditions:
II.
The annual rental for the first year of this Lease shall be
the sum of Three Thousand Six Hundred ($3 , 600. 00) Dollars payable
upon the execution of this Lease by the properly authorized
representative of the City of Palm Springs . The parties have also
agreed that there shall be annual adjustments of the rental
hereunder beginning on August 1, 1991. Such annual increases shall
1
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*00125" West, a distance of 2174 . 58 feet;
thence South 76'09'19" West, a distance of 550. 00 feet;
thence South 13'50145" East, a distance of 500. 00 feet;
thence South 52*34142" West, a distance of 1316. 78 feet;
thence West, a distance of 250. 00feet; thence South, a
distance of 250. 00 feet; thence East, a distance of
354. 12 feet; thence North 10*22139" West, a distance of
278 . 00 feet; thence South 42*42106" West, a distance of
4 . 00 feet; thence North 47*17154" West, a distance of
3 . 50 feet to the TRUE POINT OF BEGINNING; thence North
42*42106" East, a distance of 15. 00 feet; thence North
47'17154" West, a distance of 35. 00 feet; thence South
42'42106" West, a distance of 45. 00 feet; thence South
47*17154" East, a distance of 20. 00 feet; thence North
42*42106" East, a distance of 30. 00 feet; thence South
47'17154" East, a distance of 15. 00 feet to the TRUE
POINT OF BEGINNING.
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EAS7 354.12'
CITY OF PALM SPRINGS
DEPARTMENT OF COMMUNITY DEVELOPMENT ENGINEERING DIVISION
. LEASE PLAT
10 a 3
EDOM HILL TRANSMITTER LEASE SITE DESIGN BY: SCALE: FILE Ne:
SECTION 35, T. 3 S., R. 5 E., S• B. B. a M. F. O.M. NO SCALE R /W
CHECKED BY: DWG. No: SHEET Na
I OF I
be determined in the following manner:
A. Annual Rent shall be adjusted as of August 1, 1991 and as
of August 1st of each calendar year thereafter throughout the term
of this Lease Agreement. Such adjustments may result in the Annual
Rent being either increased or decreased, provided, however, that
in no event shall the Annual Rent be increased by more that six
(6%) percent over the amount which was paid for the twelve month
period immediately preceding said adjustment and in no event be
lower than the initial rental for 1990 through 1991, to-wit,
$3, 600. 00.
B. The basis for computing each such annual adjustment shall
be by multiplying the rental paid immediately prior to the current
adjustment by the percentage increase or decrease (subject to the
above limitations) of the Consumer Price Index for all urban
consumers applicable to the Los Angeles-Riverside-Anaheim area
published in the U. S. Department of Labor, Bureau of Labor
Statistics (All items (1967=100) ("Index") then in effect over the
Index that was in effect at the commencement of the immediately
preceding twelve-month period.
III.
Option to Terminate and Cancel Lease:
LESSEE is hereby granted an option to terminate and cancel
this Lease at the end of each five (5) year term commencing on
July 31, 1995 and each five (5) year period thereafter if in its
sole discretion it so desires. If LESSEE elects to exercise this
option it shall give LESSORS at least six (6) months written notice
prior to the expiration of each five (5) year period.
Option to Purchase Leased Site:
LESSEE is hereby granted an option at the end of each five (5)
2
year term, commencing in 1995, to purchase its leased site
(described in Exhibit "A") together with the improvements hereon.
If LESSEE elects to exercise this option it shall give LESSORS at
least six (6) months written notice prior to the end of the five
(5) year term of its election to so purchase. The parties agree
upon such notice being given to negotiate between themselves to
arrive at a reasonable sales price for the site and improvements.
If the parties are unable to agree upon a price, they agree to
submit the determination thereof to two independent appraisers or
to the American Arbitration Society or its successor or equivalent
for binding arbitration.
IV.
In addition to the site and area hereunder leased to LESSEE,
LESSORS hereby grant LESSEE an easement for ingress and egress over
any of their adjacent unimproved lands in Section 35.
V.
The premises herein leased to LESSEE are leased only for use
as a radio transmission, radio repeater or microwave retransmission
facility.
VI.
LESSEE agrees that if at any time during the term of this
lease any property taxes or assessments are levied or become due as
to any improvements now existing, or which might be placed on the
property by LESSEE, it shall pay the same when due and hold LESSORS
harmless therefrom.
VII.
Lessee agrees not to assign, mortgage or hypothecate this
Lease or any interest therein, nor to let or sublet the whole or
any part of said premises, without in each instance first obtaining
3
the written consent of LESSORS.
However, LESSEE may without requiring approval of LESSORS,
sublet or allow use of its premises jointly by any other municipal
County, State of Federal police or fire department facility or
organization.
VIII.
LESSEE agrees not to call on LESSORS to make any improvements,
replacements or repairs on said premises. LESSEE hereby waives any
and all rights under Section 1942, Civil Code of California, as to
repairs, etc. LESSEE further releases LESSORS from any and all
liability for damages which may be sustained by LESSEE and any and
all other persons or parties in connection with the use of the
premises by LESSEE.
IX.
If any rent shall be due and payable, and remains unpaid, or
if default be made in any of the covenants or agreements of this
lease, LESSORS agree that 30 days written notice shall be given
LESSEE to cure rental defaults and 90 days written notice to cure
any and all other defaults or breaches. Such time periods shall
commence following the day of delivery of such notice to LESSEE by
registered or certified mail. LESSEE agrees that LESSORS may,
without further notice or demand, re-enter and take possession of
said premises, if LESSEE fails to cure the default.
LESSORS may from time to time, at their option, exercise all
rights and remedies which they may have either at law or in equity,
and nothing herein shall be construed as in any way abridging or
waiving any such rights and/or remedies; and consent or compromise
of or by LESSORS under any of the provisions of this Lease as to
any breach or default thereunder by LESSEE, shall not constitute or
4
be construed as a waiver of LESSOR'S right to enforce strict
performance of the conditions and terms thereof by LESSEE at all
other times as to the same and all other matters herein contained.
Time is of the essence herein.
Each and all of the conditions, covenants and agreements
herein contained shall, in accordance with context, inure to the
benefit of LESSORS and apply to and bind LESSEE and LESSORS, their
respective heirs, legatees„ devisees, administrators, executors,
successors, assigns and any sub-lessee's and or any person who may
come into possession of said premises or any part thereof in any
manner whatsoever.
BENDER OORE
GENEVIEVE N. MOORE
LESSORS
ATTEST: CITY OF PALM SPRINGS
City Clerk
Y
City Manager LESSEE
APPROVED AS TO TERMS APPROVED AS TO FORM
l fA
BY w• tusc� PRf& i� �r�— I � r, I , j (,e
JAMES W. RINn Ac i g City Atto ney
���=+tC7'heh'.evMes.1'CrM TI(YN-f" I�.HnNMsnC y`
AP ROVED AS TO OWNERSHIP AND Date ` P� k�
DESCRIPTION
f ERNIE G. BLEVINS
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