HomeMy WebLinkAboutPACIFIC BELL MOBILE SERVICES (SUBLEASE WATER TOWER) -1996/}-9�_p-1�P,
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COMMUNICATIONS SITE SUBLEASE AGREEMENT
THIS COMMUNICATIONS SITE SUBLEASE AGREEMENT ( "Sublease ") dated as of April
1996, is between PACIFIC BELL MOBILE SERVICES, A CALIFORNIA CORPORATION C'Sublessee "),
and THE CITY OF SANTA ANA, A MUNICIPAL CORPORATION ( "Sublessor ").
Sublessor warrants that it has entered into a certain written lease agreement as defined in Exhibit "D -1" (the
"Master Lease ") with Master Lessor as defined in Exhibit "D -1" for the leasing of that certain property defined in the
Master Lease, including the Premises (as defined in Section 1 below). Sublessor warrants that a true and correct
copy of the Master Lease is attached as Exhibit "D -2 ".
This Sublease is subject and subordinate to the Master Lease. Except to the extent that the terms of the
Master Lease are inconsistent with the terms of his Sublease, the terms and conditions of the Master Lease are
incorporated into this Sublease. Notwithstanding anything to the contrary contained in the Master Lease, all
liabilities, costs and expenses under the Master Lease shall be the sole responsibility of Sublessor unless expressly
set forth in this Sublease.
The parties hereto agree as follows:
1. Premises. Sublessor leases the real property legally described in Exhibit "A" commonly known
as 1415 North French Street, Santa Ana, CA 92701 (Assessor's Parcel Number 398 - 151 -01). Subject to the
following terms and conditions, Sublessor subleases to Sublessee that portion of Sublessor's property ( "Sublessor's
Property ") depicted in Exhibit "B ", including any applicable easements for access and utilities (the "Premises ").
2. Use. The Premises may be used by Sublessee for any lawful activity in connection with the
provision 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. Sublessor agrees, at no expense to Sublessor, to cooperate with Sublessee, m
making application for and obtaining all licenses, permits and any and all other necessary approvals that may be
required for Sublessee's intended use of the Promises. Notwithstanding the foregoing, Sublessor's issuance of
building permits shall be subject to its normal review and approval process.
3. Conditions Precedent. This Sublease is conditioned upon:
(a) Sublessee, or Sublessee's assigns, obtaining all governmental permits and approvals enabling
Sublessee, or its assigns, to construct and operate mobilelwireless communications facilities on the Premises;
(b) Sublessor delivering to Sublessee, a written consent to this Sublease signed by the Master Lessor
in form attached hereto as Exhibit "E" or such other form as may be subsequently approved by Sublessee in the
exercise of its prudent business judgment provided such consent of Master Lessor is required under the Master
Lease; and
(c) Sublessor securing with all reasonable efforts from Master Lessor, a Non- Disturbance and
Attormnent Agreement in the form attached hereto as Exhibit "F" or such other form as may be subsequently
approved by Sublessee in the exercise of its prudent business judgment.
4. Term. The term of this Sublease ( "Term ") shall be five (5) years commencing with the issuance
of a local building permit allowing Sublessee to construct its mobile /wireless communications facilities on the
Premises, or December 31, 1996, whichever is earlier ("Commencement Date "). Sublessee shalt have the right to
extend the Term of this Sublease for three (3) additional terns ( "Renewal Term ") of five (5) years each.. The terms
and conditions for each Renewal Term shall be the same terms and conditions of this Lease, except that Rent shall
be increased as set forth herembelow. This Sublease shall automatically be extended for each successive five (5) year
Renewal Term unless Sublessee notifies Sublessor in writing of Sublessee's intention not to extend this Sublease at
least thirty (30) days prior to the expiration of the first five (5) year Term or any Renewal Tern.
5. Rent.
(a) Upon the Commencement Date, Sublessee shall pay Sublessor, as rent, the sum of One Thousand
Dollars ($1,000.00) ( "Rent ") per month. Rent shall be payable on the 1st day of each month, in advance, to
Sublessor's address specified in Section 17, Miscellaneous.
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If the Commencement Date is other than the first day of a calendar month, Sublessee may pay on
the first day of the Term the prorated Rent for the remainder of the calendar month in which the Term commences,
and thereafter, Sublessee shall pay a full month's Rent on the first day of each calendar month, except that payment
shall be prorated for the final fractional month of this Sublease, or if this Sublease is terminated before the expiration
of any month for which Rent should have been paid.
Rent shall be adjusted annually as of the anniversary of the Commencement Date to the extent of
any percentage change which occurred in the Consumer Price Index (All Items, Base 1982 -84 = 100) as published
by the United States Department of Labor, Bureau of Labor Statistics for All Consumers for the Los Angeles -
Anaheim- Riverside area (hereinafter "CPI "). The rental adjustment shall be calculated by multiplying the Rent then
in effect by a fraction, the denominator of which is the CPI in effect as of the calendar month fourteen (14) full
months prior to the anniversary date, and the numerator of which is the CPI in effect two (2) full months prior to the
anniversary date. Notwithstanding the foregoing, in no event shall Rent be increased by more than five percent (5 %)
of the Rent paid during the previous year.
(b) At any time after the Commencement Date, and prior to the expiration of the first five (5) year
Term, Sublessor may request in writing a one time advance payment of Rent of an amount not to exceed Forty
Thousand Dollars ($40,000.00). The pre -paid Rent shall be applied to monthly Rent amounts payable to
Sublessor. Sublessee shall have no obligation to make monthly Rent payments until the full amount of pre -paid
Rent has been applied.
6. Improvements; Access.
(a) Sublessee shall have the right (but not the obligation) at any time following the full execution of
this Sublease and prior to the Commencement Date to enter the Premises for the purpose of making necessary
inspections, engineering surveys (and soil tests where applicable) and other reasonably necessary tests (collectively
"Tests ") to determine the suitability of the Premises for Sublessee's Facilities (as defined herein) and for the purpose
of preparing for the construction of Sublessee's Facilities. During any Tests or pre - construction work, Sublessee
will have insurance as set forth in Section 12, Insurance. Sublessee will notify Sublessor of any proposed Tests or
pre - construction work and will coordinate the scheduling of same with Sublessor. If Sublessee determines that the
Premises are unsuitable for Sublessee's contemplated use, then Sublessee will notify Sublessor
and this Sublease will terminate.
(b) Sublessee has the right to construct, maintain 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 antennas and supporting structures and improvements
( "Sublessee's Facilities "). In connection therewith, Sublessee has the right to do all work necessary to prepare, add,
maintain and alter the Premises for Sublessee's communications operations and to install utility lines and
transmission lines connecting antennas to transmitters and receivers. All of Sublessee's construction and
installation work shall be performed at Sublessee's sole cost and expense and in a good and workmanlike manner.
Title to Sublessee's Facilities and any equipment placed on the Premises by Sublessee shall be held by Sublessee.
All of Sublessee's Facilities shall remain the property of Sublessee and are not fixtures. Sublessee has the right to
remove all Sublessee's Facilities at its sole expense on or before the expiration or termination of this Sublease.
(c) Sublessor shall provide access to Sublessee, Sublessee's employees, agents, contractors and
subcontractors to the Premises twenty-four (24) hours a day, seven (7) days a week, at no charge to Sublessee.
Sublessor represents and warrants that it has full rights of ingress to and egress from the Premises, and hereby grants
such rights to Sublessee to the extent required to construct, maintain, install and operate Sublessee's Facilities on
the Premises. Sublessee's exercise of such rights shall not cause undue inconvenience to Sublessor. Sublessee
shall provide a new lock to be used by Sublessee, Sublessor and Master Lessor.
(d) Sublessor shall maintain all access roadways from the nearest public roadway to the Premises in a
manner sufficient to allow access. Sublessor shall be responsible for maintaining and repairing such roadways, at its
sole expense, except for any damage caused by Sublessee's use of such roadways. If Sublessee causes any such
damage, it shall promptly repair same.
(e) Sublessee shall have the right to install utilities, at Sublessee'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 Sublessor's approval of the location, which approval shall not be unreasonably withheld, Sublessee shall
have the right to place utilities on (or to bring utilities across) Sublessor's Property in order to service the Premises
and Sublessee's Facilities. Upon Sublessee's request, Sublessor shall execute recordable easement(s) evidencing
this right.
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(f) Sublessee shall fully and promptly pay for all utilities furnished to the Premises for the use,
operation and maintenance of Sublessee's Facilities.
(g) Upon the expiration, cancellation or termination of this Sublease, Sublessee shall surrender the
Premises to Sublessor in good condition, less ordinary wear and tear.
7. Interference with Communications. Sublessee's Facilities shall not disturb the
communications configurations, equipment and frequency which exist on Sublessor's Property on the
Commencement Date ( "Pre- existing Communications ") and Sublessee's Facilities shall comply with all
noninterference rules of the Federal Communications Commission ( "FCC "). Sublessor shall not permit the use of
any portion of Sublessor's Property in a way which interferes with the communications operations of Sublessee
described in Section 2, above. Such interference with Sublessee's communications operations shall be deemed a
material breach by Sublessor, and Sublessor shall have the responsibility to promptly terminate said interference. In
the event any such interference does not cease promptly, the parties acknowledge that continuing interference will
cause irreparable injury to Sublessee, and therefore, Sublessee shall have the right to bring action to enjoin such
interference or to terminate this Sublease immediately upon notice to Sublessor. Notwithstanding the foregoing,
Pre - existing Communications operating in the same manner as on the Commencement Date shall not be deemed
interference.
8. Taxes. Sublessee shall pay personal property taxes assessed against Sublessee's Facilities and
Sublessor shall pay when due, all real property taxes and all other taxes, fees and assessments attributable to the
Premises and this Sublease.
9. Termination. This Sublease may be terminated without further liability on thirty (30) days
prior written notice as follows: (i) by either party upon a 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 default; (ii) by Sublessee
for any reason or for no reason, provided Sublessee delivers written notice of termination to Sublessor prior to the
Commencement Date; (iii) by Sublessee if it does not obtain or maintain licenses, permits or other approvals
necessary to the construction or operation of Sublessee's Facilities; (iv) by Sublessee if Sublessee is unable to
occupy or utilize the Premises due to a ruling or directive of the FCC or other governmental or regulatory agency,
including, but not limited to, a take back of channels or change in frequencies; or (v) by Sublessee if Sublessee
determines that the Premises are not appropriate for its operations for economic, environmental or technological
reasons, including without limitation, signal strength or interference.
10. Destruction of Premises. If the Premises or Sublessor's Property is destroyed or damaged so as
in Sublessee's judgment to hinder its effective use of Sublessor's Property, Sublessee may elect to terminate this
Sublease as of the date of the damage or destruction by so notifying Sublessor no more than thirty (30) days
following the date of damage or destruction. In such event, all rights and obligations of the parties which do not
survive the termination of this Sublease shall cease as of the date of the damage or destruction.
11. Condemnation. If a condemning authority takes all of Sublessor's Property, or a portion which
in Sublessee's opinion is sufficient to render the Premises unsuitable for Sublessee's use, then this Sublease shall
terminate 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 forjust compensation (which for
Sublessee shall include, the value of Sublessee's Facilities, moving expenses, prepaid rent, business dislocation
expenses and any other amounts recoverable under condemnation law). Sale of all or part of the Premises to a
purchaser with the power of eminent domain in the face of the exercise of its power of eminent domain, shall be
treated as a taking by a condemning authority.
12. Insurance and Indemnitv.
(a) Insurance. Sublessee shall maintain the following insurance: (1) Commercial General Liability
with limits of $5,000,000.00 per occurrence, (2) Automobile Liability with a combined single limit of
$1,000,000.00 per accident, (3) Workers Compensation as required by law, and (4) Employer's Liability with
limits of $1,000,000.00 per occurrence.
Each party to this Sublease shall each maintain standard form property insurance ( "All Risk"
coverage) equal to at least 90% of the replacement cost covering their respective property. Each party waives any
rights of recovery against the other for injury or loss due to hazards covered by their property insurance and each
party shall require such insurance policies to contain a waiver of recovery against the other. Sublessee shall name ] -
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Sublessor as an additional insured with respect to the above Commercial General Liability insurance. Sublessee
shall have the right to self - insure with respect to any of the above insurance.
(b) Sublessee's Indemnity. Sublessee shall defend, indemnify, hold and save Sublessor harmless
from and against any and all loss, costs, liability or damage (including reasonable attorneys' fees and court costs)
arising by reason of the willful misconduct or negligence of Sublessee, or Sublessee's officers, agents or employees,
in connection with the Premises.
(c) Sublessor's Indemnity. Sublessor shall defend, indemnify, hold and save Sublessee harmless
from and against any and all loss, costs, liability or damage (including reasonable attorneys' fees and court costs)
arising out of or in connection with the Premises, except to the extent arising out of the willful misconduct or
negligence of Sublessee, or Sublessee's officers, agents or employees.
(d) Survival The foregoing indemnity in (b) and (c) will survive the termination, cancellation or
expiration of this Sublease.
13. Assignment. Sublessee may assign this Sublease at any time upon notice to Sublessor.
14. Title and Quiet Enjoyment.
(a) Sublessor warrants that it has full right, power and authority to execute this Sublease; Sublessor
further warrants that Sublessee shall have quiet enjoyment of the Premises during the Term of this Sublease or any
Renewal Term.
(b) Sublessee 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 Sublessee, such title report shows any defects of title or
any liens or encumbrances which may adversely affect Sublessee's use of the Premises, Sublessee shall have the
right to terminate this Sublease immediately upon written notice to Sublessor.
(c) Sublessor warrants: (i) that the Master Lease is in full force and effect; (ii) that Sublessor has not
assigned any of its rights under the Master Lease to any third parties; (iii) to the best of Sublessor's knowledge,
neither Master Lessor under the Master Lease nor Sublessor is, or with the giving of notice, or passage of time (or
both), will be in default under any of the terms or conditions of the Master Lease; (iv) that the Master Lease attached
as Exhibit "D -2" constitutes the entire agreement between the Master Lessor and Sublessor regarding the Premises,
and there are no written or oral amendments thereto; (v) that during the Term of this Sublease, Sublessor shall not
modify, amend or terminate the Master Lease without the prior written consent of Sublessee; and (vi) upon request
of Sublessee, Sublessor shall use all reasonable efforts to cause the Master Lessor under the Master Lease to observe
and /or perform its obligations under the Master Lease. If Sublessor fails, after using all reasonable efforts to cause
the Master Lessor under the Master Lease to observe and/or perform its obligations, Sublessor shall cooperate in all
reasonable respects with Sublessee's efforts (including without limitation, any legal or equitable claim brought by
Sublessee) to accomplish such purpose.
(d) Sublessor shall timely perform and comply with all of the terms, covenants and conditions of the
Master Lease, and not do or permit anything that would result in a default under or cause the Master Lease to be
terminated. Sublessor shall timely deliver any and all notices required under the Master Lease to extend the term
during the Term of this Sublease unless otherwise notified in writing by Sublessee. Sublessor shall immediately
provide to Sublessee a copy of any all notices or other correspondence whether sent or received by Sublessor in
connection with the Master Lease.
15. Repairs. Sublessee shall not be required to make any repairs to the Premises or Sublessor's
water tower except for damages to the Premises or Sublessor's water tower caused by Sublessee, its employees,
agents, contractors or subcontractors.
16. Environmental. Sublessor represents that the Premises have not been used for the generation,
storage, treatment or disposal of hazardous materials, hazardous substances or hazardous wastes. In addition,
Sublessor represents that no hazardous materials, hazardous substances, hazardous wastes, pollutants, asbestos,
polychlorinated biphenyls (PCBs), petroleum or other fuels (including crude oil or any fraction or derivative thereof)
or underground storage tanks are located on or near the Premises. Notwithstanding any other provision of this
Sublease, Sublessee relies upon the representations stated herein as a material inducement for entering into this
Sublease.
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17. Miscellaneous.
(a) If any provision of this Sublease is invalid or unenforceable with respect to any party, the
remainder of this Sublease 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 Sublease shall be valid and enforceable to
the fullest extent permitted by law.
(b) This Sublease shall be binding on and inure to the benefit of the successors and permitted
assignees of the respective parties.
(c) Any notice or demand required to be given herein shall be made by certified or registered mail
return receipt requested, confirmed fax, or reliable overnight mail to the address of the respective parties set forth
below:
Sublessor: City of Santa Ana, P.O. Box 1988 M -25, Santa Ana, CA 92702
Attn: Miguel A. Pulido, Mayor
Sublessee: Pacific Bell Mobile Services, 2955 Redhill Avenue, Suite 100, Costa Mesa, CA 92626
Attn: Charles Vranek, Site Development Manager
Sublessor or Sublessee may from time to time designate any other address for this purpose by written notice to the
other party.
(d) This Sublease shall be governed under the laws of the State of California.
(e) The substantially prevailing party in any legal claim arising hereunder shall be entitled to its
reasonable attorney's fees and court costs, including appeals, if any.
(f) Terms and conditions of this Sublease which by their sense and context survive the termination,
cancellation or expiration of this Sublease will so survive.
(g) Upon request either party may require that a Memorandum of Sublease be recorded in the form of
Exhibit "C ".
(h) This Sublease constitutes the entire Sublease and understanding between the parties, and
supersedes all 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 to this Sublease must be in
writing and executed by both parties.
[SIGNATURE PAGE FOLLOWS]
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IN WITNESS WHEREOF, the parties have executed this Sublease as of the date first above written.
ATTEST WITNESS
4 lee C. Guy
Clerk of the Council
Date: '41 ° / - ? 6
APPROVED AS TO FORM
Edward J. Cooper
City Attorney
Date:
ATTEST WITNESS
I
SUBLESSOR
THE CITY OF SANTA ANA,
Tax ID #: _y5 --6eQ0 79-5-
App"oved '11 to
City )�hroagpr
SUBLESSEE
PACIFIC BELL MOBILE SERVICES,
A CALIFORNIA CORPORATION
By: /
Name: Charles Vruiek
Title: Network Deployment Manager
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EXHIBIT A
LEGAL DESCRIPTION OF SUBLESSOR'S PROPERTY
Sublessor's Property of which Premises are a part is legally described as follows:
1415 North French Street
Santa Ana, CA 92701
APN: 398 - 151 -01
All that real property located in the State of California, County of Orange, described as follows:
Commencing at a point on the North line of 14th Street 550 feet East of the East line of French Street running
thence Eastward along the North line of 14th Street produced to the Westerly line of the right of way of the Southern
Pacific Railway, thence Northwesterly along the Westerly line of said right of way to a point 550 feet East of the
East line of French Street, thence South along the line parallel to the East line of French Street to the point of
beginning being a part of the Lincoln Park Tract as shown on a map recorded in book 6, page 14 of Maps, Records
of Orange County, California.
EXCEPT therefrom that portion thereof included within a portion of Block "0" of the Dresser Tract, in the City of
Santa Ana, as shown on a map recorded in book 12, page 83 of Miscellaneous Records of Los Angeles County,
described as follows:
Bounded on the North East side by the right of way of the Southern Pacific Railroad Company; on the West by the
"Lincoln Park Tract" as shown on a map recorded in book 6 page 14 of Miscellaneous Maps, in the office of the
County Recorder of said Orange County and on the South by the North line of 14th Street, extended Easterly.
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EXHIBIT B
DESCRIPTION OF PREMISES
The location of the Premises within Sublessor's Property together with access, ingress, egress, easements and
utilities are more particularly described or depicted as follows:
Approximately two hundred twenty-five (225) square feet of space for placement of Sublessee's
communications equipment and space on the water tower for the placement of antennas (collectively the
"Premises "), and an unimpaired, non - exclusive easement and right of way in and over the common areas at the
Property and the following portions of the Property (collectively the "Access Areas "): All areas providing physical
access by personnel, equipment and utilities including, but not limited to, ramps, loading docks, walkways,
staircases, and ladders; the water tower on which Sublessee's equipment is installed; and all utility ducts and
conduits (including, telephone and optical conduits) and other means by which power, and communications signals
may be delivered to or from the Premises.
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A final drawing or copy of a property survey depicting the above will replace this Exhibit" B" when initialed by
Sublessor.
Notes
I.
2.
4.
This Exhibit may be replaced by a land survey or Site Plan of the Premises once it is received by Sublessee.
Setback of the Premises from the Sublessor's boundaries shall be the distance required by the applicable
governmental authorities.
Width of access road shall be the width required by the applicable governmental authorities, including police
and fire departments.
The type, number and mounting positions and locations of antennas and transmission lines are illustrative
only. Actual types, numbers, mounting positions may vary from what is shown above.
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RECORDING REQUESTED BY:
WHEN RECORDED, RETURN TO:
Pacific Bell Mobile Services
4410 Rosewood Drive
Building 1, 4th Floor
Pleasanton, CA 94588
Attn: Barbara Hendricks,
Property Manager
EXHIBIT C
MEMORANDUM OF SUBLEASE
THIS MEMORANDUM OF SUBLEASE ( "Memorandum ") dated as of April 1996 is between
THE CITY OF SANTA ANA, A MUNICIPAL CORPORATION ( "Sublessor "), and PACIFIC BELL
MOBILE SERVICES, A CALIFORNIA CORPORATION ( "Sublessee ").
RECITALS
WHEREAS, Sublessor and Sublessee have executed that certain Communications Site Sublease
Agreement ( "Sublease ") dated as of April _, 1996, covering certain premises ( "Premises ") situated on certain
real property located in the City of Santa Ana, County of Orange, State of California, and more particularly described
in Exhibit "A" attached hereto and incorporated herein by this reference; and
WHEREAS, Sublessor and Sublessee desire to record notice of the Sublease in the Official Records of
Orange County, California;
follows: NOW, THEREFORE, in consideration of the foregoing, Sublessor and Sublessee hereby declare as
1. Demise. Sublessor has leased the Premises to Sublessee (together with access rights), and
Sublessee has hired the Premises from Sublessor, subject to the terms, covenants and conditions contained in the
Sublease.
2. Expiration Date. The term of the Sublease ( "Term ") is scheduled to commence on or before
December 31, 1996 and shall expire five (5) years thereafter, subject to Sublessee's option to extend the Term
pursuant to Section 4 of the Sublease for three (3) additional terms of five (5) years each.
3. Sublease Controlling. This Memorandum is solely for the purpose of giving constructive
notice of the Sublease. In the event of conflict between the terms of the Sublease and this Memorandum, the terms of
the Sublease shall control.
[SIGNATURE PAGE FOLLOWS]
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IN WITNESS WHEREOF, Sublessor and Sublessee have executed this Memorandum of Sublease as of the
date and year first written above.
SUBLESSOR
THE CITY OF SANTA ANA,
A MUNICIPAL CORPORATION
0
Name: Miguel A. Pulido
Title: Mayor
SUBLESSEE
PACIFIC BELL MOBILE SERVICES
A CALIFORNIA CORPORATION
By:
Name: Charles Vranek
Title: Network Deployment Manager
STATE OF CALIFORNIA
COUNTY OF
On before me, >
personally appeared , personally known to me (or proved to me on
the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within
instrument and acknowledged to me that he /she /they executed the same in his/her /their authorized
capacity(ies), and that by his/her /their signature(s) on the instrument the person(s), or the entity upon
behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature:
STATE OF CALIFORNIA
COUNTY OF
On before me,
personally appeared , personally known to me (or proved to me on
the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within
instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized
capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon
behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature:
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EXHIBIT A TO THE MEMORANDUM OF LEASE
LEGAL DESCRIPTION OF SUBLESSOR'S PROPERTY
Sublessor's Property of which Premises are a part is legally described as follows:
1415 North French Street
Santa Ana, CA 92701
APN: 398 - 151 -01
All that real property located in the State of California, County of Orange, described as follows:
Commencing at a point on the North line of 14th Street 550 feet East of the East line of French Street running
thence Eastward along the North line of 14th Street produced to the Westerly line of the right of way of the Southern
Pacific Railway, thence Northwesterly along the Westerly line of said right of way to a point 550 feet East of the
East line of French Street, thence South along the line parallel to the East line of French Street to the point of
beginning being a part of the Lincoln Park Tract as shown on a map recorded in book 6, page 14 of Maps, Records
of Orange County, California.
EXCEPT therefrom that portion thereof included within a portion of Block "O" of the Dresser Tract, in the City of
Santa Ana, as shown on a map recorded in book 12, page 83 of Miscellaneous Records of Los Angeles County,
described as follows:
Bounded on the North East side by the right of way of the Southern Pacific Railroad Company; on the West by the
"Lincoln Park Tract" as shown on a map recorded in book 6 page 14 of Miscellaneous Maps, in the office of the
County Recorder of said Orange County and on the South by the North line of 14th Street, extended Easterly.
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EXHIBIT D -1
MASTER LEASE BASIC INFORMATION
Master Lessor: Santa Ana Unified School District which acquired
title as Santa Ana School District of Orange County, California, as
to Parcel 1; and The High School Board of the City of Santa Ana,
California, as to Parcel 2.
Written Lease Agreement: Ground Lease, dated September 19, 1917
Lessor is the Santa Ana Unified School District and Lessee is The City
of Santa Ana, a municipal corporation. The term of the Ground Lease is
from September 19, 1917 until September 18, 2016. Memorandum
of Lease dated March 22, 1994 was recorded as Instrument No. 94- 021360.
An Easement for street purposes granted to the City of Santa Ana, a municipal
corporation was recorded on October 11, 1995 as Instrument No. 95- 0447766.
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EXHIBIT D -2
MASTER LEASE
Attached hereto is a true and correct copy of the Master Lease between Master Lessor and Sublessor
Certified by Sublessor on April _, 1996.
SUBLESSOR
THE CITY OF SANTA ANA,
A MUNICIPAL CORPORATION
m
Name: Miguel A Pulido
Title: Mayor
Date:
13 4/16/963:51 PM j
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in a CitY of SRntr Ann, COU�sty or u. nnl�t Stritn at•'
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o]a Fark ar �Q� as ahnnn on a ntlp "c0rd4d 4n Book 5, page 14 of rap,
rda at a_'nnFG Ccunt7, California.
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es :o auFF7v': to ;F.e PaZ17 of t r?.: if.. Part :.,Ztnr for •schngl pulpoo:
the let Uy r. Jt;17 191 ?, to the fire, d n Jul: ' � 1 1919 to tho vRlt
1400, C0 the pr;ea of anae to be flxsd at th�- rxtcr -,CZ of 75 ctn. i
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CM- 024 -21
EXHIBIT E
CONSENT TO SUBLEASE
The undersigned is the Master Lessor under that certain lease dated September 19, 1917, (the "Master Lease ") in the
Sublease to which this consent is attached. The undersigned hereby consents to the Sublease upon the terms and
conditions set forth in such Sublease. Master Lessor certifies that to the best of its knowledge, and as of the date of
Master Lessor's execution of this Consent to Sublease, Sublessor is not in default or breach of any of the provisions
of the Master Lease and that the Master Lease, a true and correct copy of which is attached to the Sublease, has not
been amended or modified except as described in such Sublease.
MASTER LESSOR
SANTA ANA UNIFIED SCHOOL DISTRICT WHICH ACQUIRED TITLE AS SANTA ANA SCHOOL
DISTRICT OF ORANGE COUNTY, CALIFORNIA, AS TO PARCEL 1; AND THE HIGH SCHOOL
BOARD OF THE CITY OF SANTA ANA, CALIFORNIA, AS TO PARCEL 2.
By: _
Name:
Title:
Date:
Master Lessor Information
For Notices
Address:
1405 French Street
Santa Ana. CA 92701
Telephone:
Telefax:
14
4/16/96 3:51 PM �e
f�N
%Gj
CM- 024 -21
EXHIBIT "F"
NON - DISTURBANCE AND ATTORNMENT AGREEMENT
FOR VALUABLE CONSIDERATION, RECEIPT OF WHICH IS CONCLUSIVELY ACKNOWLEDGED, THIS
NON - DISTURBANCE AND ATTORNMENT AGREEMENT dated as of April , 1996, is between PACIFIC
BELL MOBILE SERVICES, A CALIFORNIA CORPORATION ( "Sublessee ") and SANTA ANA UNIFIED
SCHOOL DISTRICT WHICH ACQUIRED TITLE AS SANTA ANA SCHOOL DISTRICT OF
ORANGE COUNTY, CALIFORNIA, AS TO PARCEL 1; AND THE HIGH SCHOOL BOARD OF
SANTA ANA, CALIFORNIA, AS TO PARCEL 2. ( "Master Lessor ").
RECITALS
A. Pacific Bell Mobile Services, a California corporation ( "Sublessee ") and the City of Santa Ana, a
municipal corporation ( "Sublessor ") have entered into a sublease of certain premises (the "Premises ") owned by
Santa Ana Unified School District which acquired title as Santa Ana School District of Orange County, California,
as to Parcel 1; and the High School Board of the City of Santa Ana, California, as to Parcel 2. ( "Master Lessor ")
pursuant to that certain sublease dated April 1996 ( "Sublease "). The Premises form a portion of Master
Lessor's property.
B. Sublessee desires to possess the Premises for the Term set forth in the Sublease without
disturbance in the event the Master Lease is terminated for any reason (other than with the written consent of
Sublessee).
C. Subject to the terms and conditions set forth below, Master Lessor is willing to grant Sublessee
the quiet enjoyment of the Premises during the term of the Sublease in the event the Master Lease is terminated for
any such reason.
The parties agree as follows:
1. During the term of the Sublease, Master Lessor shall promptly deliver to Sublessee copies of any
and all correspondence whether sent or received by Master Lessor, including, without limitation, any threatened or
actual notice of default against Sublessor under the Master Lease.
2. In the event the Master Lease is terminated for any reason (other than with the written consent of
Sublessee), Sublessee agrees to attom to Master Lessor and to recognize Master Lessor as the Sublessor under the
Sublease, upon the terms and conditions and at the rental rate specified in the Sublease, and for the then remaining
term of the Sublease.
3. Sublessee agrees to execute and deliver upon request of Master Lessor, any instrument in
commercially reasonable form which may be necessary to evidence such attomment.
4. In the event the Master Lease is terminated, Master Lessor shall succeed to the interest of
Sublessor under the Sublease and the Sublease shall remain in full force and effect for the full term thereof except that
Master Lessor shall not be bound by any provision of the Sublease which materially increases Master Lessor's duties
or obligations to Sublessee beyond those owed by Master Lessor to Sublessor under the Master Lease. (For
purposes of the preceding sentence, the parties conclusively acknowledge that the continuation of Sublessor's right to
possession of the Premises notwithstanding the termination of the Master Lease is not a material increase in Master
Lessor's duties or obligations under the Master Lease.)
5. Master Lessor will not be:
(a) liable for any act or omission of Sublessor or any predecessor of Sublessor;
(b) subject to any offsets or defenses that Sublessee may have against Sublessor or any predecessor of
Sublessor;
(c) bound by any rent, additional rent or advance rent that Sublessee may have paid in advance to
Sublessor or any predecessor of Sublessor, and all such rent will remain due and owing without regard to such
advance payment;
15
4/16/963:51 PM
CM- 024 -21
6. All notices under this agreement will be in writing and will be considered properly given if mailed
by first class United States mail, postage prepaid, registered or certified with return receipt requested, or if personally
delivered to the intended addressee, or by prepaid telegram. Notice by mail will be effective two (2) days after
deposit in the United States mail. Notice given in any other manner will be effective when received by the
addressee. For purposes of notices, the addresses of Master Lessor and Sublessee are:
to Master Lessor: Santa Ana Unified School District
1405 French Street
Santa Ana, CA 92701
to Sublessee: Pacific Bell Mobile Services
2955 Redhill Avenue, Suite 100
Costa Mesa, CA 92626
Attn: Charles Vranek, Network Deployment Manager
Master Lessor or Sublessee may change its address for notice to any other location within the continental United
States by the giving of at least thirty (30) days' notice in the manner set forth in this section.
MASTER LESSOR
SANTA ANA UNIFIED SCHOOL DISTRICT WHICH ACQUIRED TITLE AS SANTA ANA SCHOOL
DISTRICT OF ORANGE COUNTY, CALIFORNIA, AS TO PARCEL 1; AND THE HIGH SCHOOL
BOARD OF THE CITY OF SANTA ANA, CALIFORNIA, AS TO PARCEL 2.
ATTEST WITNESS
Date:
ATTEST WITNESS
Date:
By: _
Name:
Title:
SUBLESSEE
PACIFIC BELL MOBILE SERVICES,
A CALIFORNIA CORPORATION
0
Name: Charles Vranek
Title: Network De llovment Manager
16 4/16/963:51 PM
RE
NTA q,y
Santa Ana Unified School District
Al Mijares, Ph.D., Suynetiet4eradeetg
�SCH00��
May 15, 1996
Sanford Rosenthal
SBA, Inc.
2955 Red Hill Ave., Suite 100
Costa Mesa, CA 92626
RE: AGREEMENT BETWEEN PACIFIC BELL MOBILE SERVICES AND
THE CITY OF SANTA ANA FOR EQUIPMENT USE ON SAUSD PROPERTY
The Board of Education of Santa Ana Unified School District, at a regularly scheduled meeting held
on May 14, 1996, approved a site sublease agreement between the City of Santa Ana and Pacific Bell
Mobile Services for communications equipment use of the City's water tower located on District
property.
Attached to this letter are: six agreements signed by Gaylen Freeman, Assistant Superintendent,
Business Services for Santa Ana Unified School District; and a copy of SAB508A, which shows the
authorization of Mr. Freeman to sign for the District. It is District policy to retain original signature
agreements for our files. Please remit four original signature agreements to my attention for our files
after you have obtained Pacific Bell signatures.
Also Santa Ana Unified School District's tax I.D. number is 95- 6002823.
Please let me know if you have any questions about the content of this letter.
Mike Vail
Senior Director, Facilities
MV:AN
attachment
pacbe Isu. b I t \wpwin \french
c: Gaylen Freeman, Assistant Superintendent, Business Services
1601 East Chestnut Avenue, Santa Ana, CA 92701- 6322,(714) 558 -5501
BOARD OF EDUCATION
Sal Mendoza, President • Rosemarie Avila, Vice President • Tom Chaffee, Clerk
Robert W. Bafen, Member 9 Audrey Yamagata -Noji, Ph.D., Member
Barbara Hendricks 4420 Rosewood 0dve, Building x, Second Floor PAC IPIC I J"BE LLa �J
Property Manager Pleasanton, California 94588
Mobile Services
1925) 227 -3189
Fax 19251227 -2245 4 /' yry ® "I�'
April 22, 1998 SENT BYCERTI&hiE't`VfV`i' CEIPT
605 L ,1,
The City of Santa Ana
P.O. Box 1988 M -25
Santa Ana, CA 92702 Fill
Attn: Miguel A. Pulido
Mayor
Re: Site No. 01M- 024 -21
1405 North French Street
? Orange, CA
Dear Mr. Pulido:
Paragraph 5a of the Communications Site Sublease Agreement for the above mentioned
property provides for a rent increase due to the Consumer Price Index. The increase of
$10.013 is effective May 20, 1998.
Therefore, effective May 20, 1998, I have calculated the rent to be $1,011.00 per month.
Please review the attached worksheet that shows the calculations.
Thank you for your support of our PCS project, and please do not hesitate to contact me
at 925/227 -3189, or my assistant, Linda Doria, at 925/227 -2278 should you have any
questions or concerns.
Regards,
Barbara Hendricks
Property Manager
encl.
cc: Charlie Vranek, Executive Director of Network
Joyce Macy, SBA for PBMS
Lease File: CM- 024 -21
RI Chron File
C:AMay98V CM CPI Let
May 1998 Rent Increase Calculations
Site No: CM- 024 -21
Base Rent: $1,000.00
Increase in rent amount is based on the percent of increase in the Consumer Price Index
between the periods fourteen (14) months before the anniversary of the commencement
date of the lease and two (2) months before the anniversary date as published by the
United States Department of Labor, Bureau of Labor Statistics for All Consumers for the
Los Angeles - Oakland -San Jose area.
March 1997 CPI = 159.8
March 1998 CPI = 161.4
$1,000.00 x 161.4 = $161,400
$161,400 / 159.8 = $1,010.01
Rent Increase Percentage: 1.00%
Rent Increase Dollar Amt: $10.013
Monthly rent for the year May 20, 1998 through May 19, 1999 is $1,011.00
Prorated Rent:
$10.013 / 31 = $0.323
$0.323 x 12 = $3.876
$1,011.00 + $3.876 = $1,014.88
June 1998 rent check will be in the amount of $1,014.88
C: \May98\ CM CPICalc
CM- 024 -21
RECORDING REQUESTED BY:
WHEN RECORDED, RETURN TO:
Pacific Bell Mobile Services
4410 Rosewood Drive
Building 1, 4th Floor
Pleasanton, CA 94588
Attn: Barbara Hendricks,
Property Manager
MEMORANDUM OF SUBLEASE
THIS MEMORANDUM OF SUBLEASE ( "Memorandum ") dated as of April _, 1996, is between
THE CITY OF SANTA ANA, A MUNICIPAL CORPORATION ( "Sublessor "), and PACIFIC BELL
MOBILE SERVICES, A CALIFORNIA CORPORATION ( "Sublessee ").
RECITALS
WHEREAS, Sublessor and Sublessee have executed that certain Communications Site Sublease
Agreement ( "Sublease ") dated as of April , 1996, covering certain premises ( "Premises ") situated on certain
real property located in the City of Santa Ana, County of Orange, State of California, and more particularly described
in Exhibit "A" attached hereto and incorporated herein by this reference; and
WHEREAS, Sublessor and Sublessee desire to record notice of the Sublease in the Official Records of
Orange County, California;
NOW, THEREFORE, in consideration of the foregoing, Sublessor and Sublessee hereby declare as
follows
1. Demise. Sublessor has leased the Premises to Sublessee (together with access rights), and
Sublessee has hired the Premises from Sublessor, subject to the terms, covenants and conditions contained in the
Sublease.
2. Expiration Date. The term of the Sublease ( "Term ") is scheduled to commence on or before
December 31, 1996 and shall expire five (5) years thereafter, subject to Sublessee's option to extend the Term
pursuant to Section 4 of the Sublease for three (3) additional terms of five (5) years each.
3. Sublease Controlling. This Memorandum is solely for the purpose of giving constructive
notice of the Sublease. In the event of conflict between the terms of the Sublease and this Memorandum, the terms of
the Sublease shall control.
[SIGNATURE PAGE FOLLOWS]
0
4/16/96 9:51 AM
CM- 024 -21
IN WITNESS WHEREOF, Sublessor and Sublessee have executed this Memorandum of Sublease as of the
date and year first written above.
SUBLESSOR
THE CITY OF SANTA ANA,
Fro
PACIFIC BELL MOBILE SERVICES,
A CALIFORNIA CORPORATION
91
Name: Charles Vranek'
Title: Network Deployment Manager
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of California
County of Orange
On -6-- 9 - 9 6 before me
DATE
personally appeared
0--personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is /are subscribed to the
within instrument and acknowledged to me that
he /she /they executed the same in his/her/their
authorized ca aci (ies), and that by JJher /their
si¢nature(s) on the instrument the eo rson(s), or the
Tt44:�46
SA1Y? entity upon behalf of which the erson s) acted,
Av * IFOg
executed the instrument.
WITNESS my hand and official seal.
.� E- —
SIONATUB OF DEPUTY CLEW
CM- 024 -21
EXHIBIT A TO THE MEMORANDUM OF SUBLEASE
LEGAL DESCRIPTION OF SUBLESSOR'S PROPERTY
Sublessor's Property of which Premises are a part is legally described as follows:
1415 North French Street
Santa Ana, CA 92701
APN: 398- 151 -01
All that real property located in the State of California, County of Orange, described as follows
Commencing at a point on the North line of 14th Street 550 feet East of the East line of French Street running
thence Eastward along the North line of 14th Street produced to the Westerly line of the right of way of the Southern
Pacific Railway, thence Northwesterly along the Westerly line of said right of way to a point 550 feet East of the
East line of French Street, thence South along the line parallel to the East line of French Street to the point of
beginning being a part of the Lincoln Park Tract as shown on a map recorded in book 6, page 14 of Maps, Records
of Orange County, California.
EXCEPT therefrom that portion thereof included within a portion of Block "O" of the Dresser Tract, in the City of
Santa Ana, as shown on a map recorded in book 12, page 83 of Miscellaneous Records of Los Angeles County,
described as follows:
Bounded on the North East side by the right of way of the Southern Pacific Railroad Company; on the West by the
"Lincoln Park Tract" as shown on a map recorded in book 6 page 14 of Miscellaneous Maps, in the office of the
County Recorder of said Orange County and on the South by the North line of 14th Street, extended Easterly.
4/16/96 9:51 AM
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL
MEETING DATE April 1, 1996
TITLE SUBLEASE AGREEMENT WITH PACIFIC
C.S. 383
9
-17
$aucauon gsr
BELL MOBILE SERVICES - FRENCH STREET
WATER TOWER
CLERK OF THE COUNCIL USE ONLY
Approved
E] As Recommended
L:7] As Amended (see Minutes)
E7] Ordinance on 1st Reading
Ell Ordinance on 2nd Reading
Implementing Resolution
0 Set Public Hearing For
Continued to:
FILE NUMBER(S):
Adopt a resolution approving a communications site sublease agreement with
Pacific Bell Mobile Services.
DISCUSSION
Since 1917, the City has held a lease from the Santa Ana Unified School District
for a triangular portion of the district's property at 1405 French Street, where
the City's water tower is located (Exhibit 1). Pacific Bell Mobile Services
(PBMC), a new telecommunications company, has approached the City in an effort
to identify transmission facility sites for its personal communication
technology. The water tower has been selected as a preferred site.
Considered to be the next wave beyond cellular phone technology, the system uses
antennas configured as rectangular boxes, approximately four and one -half feet
tall by one -half foot wide, which will be painted to match the tower and fit
within its vertical girder structure. They will therefore be less visible than
traditional dishes on poles or roof tops. Six of these ten -pound antennas will
be mounted on the tower. Additional facilities will be maintained within an
eighteen by twenty foot area at ground level under the tower. The proposed use
has been approved by the Public Works Agency.
The term of the sublease is five years with three five -year option periods if
elected by PBMC. Rent shall be $1,000 per month, with annual increases tied to
the change in the Consumer Price Index, not to exceed five percent annually.
This sublease is conditioned upon approval by the Santa Ana Unified School
District.
PBMC has agreed to advance rental payments equivalent to the cost of installing
the City's arts logo on the water tower, which will allow installation of the
1
a
French Street Water Tower
April 1, 1996
Page Two
logo within the next several months. Preliminary estimates for the cost of the
logo are $38,000. PBMC has also agreed not to use a present worth value for the
advanced rental payments, but rather a dollar- for - dollar rent credit until such
time as their cost for the logo is recovered. After PBMC has recouped its
advance and begins making monthly rent payments, those proceeds will be dedicated
to recreational activities in the adjoining neighborhood.
FISCAL IMPACT
After PBMC recoups the cost of installation of the arts logo, the annual rental
income wil be deposited into the Rental of Property Account (account no. 11 -01
5804).
Cynthia J. Non
Executive Director
Community Development Agency
CONCUR:
�r
J,fAes Ross
Executive Director/
Public Works Agency
H: \actions \FRWATERT.CC
APPROVED AS TO FUNDS & ACCOUNTS:
Rod R. Coloma
Executive Director/
Finance & Management Services Agency
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REQUEST FOR
COUNCIL ACTION
CITY COUNCIL
MEETING DATE March L, 199A,
• 1#1 Ll
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WITH PACIFIC BELL. MOBIT.E SRRVTCRS
[a:[•%]LTJIQ1114•7_��3�f�7�1
CLERK OF THE COUNCIL USE ONLY
Approved
0 As Recommended
As Amended (see Minutes)
Ordinance on 1st Reading
Ordinance on 2nd Reading
0 Implementing Resolution
Set Public Hearing For
Continued to: yT � _9 L
FILE NUMBER(S); r r rDE
Adopt a resolution approving a communications site sublease agreement with
Pacific Bell Mobile Services.
DISCUSSION
Since 1917, the City has held a lease from the Santa Ana Unified School District
for a triangular portion of the district's property at 1405 French Street, where
the City's water tower is located (Exhibit 1). Pacific Bell Mobile Services
(PBMC), a new telecommunications company, has approached the City in an effort
to identify transmission facility sites for its personal communication
technology. The water tower has been selected as a preferred site.
Considered to be the next wave beyond cellular phone technology, the system uses
antennas configured as rectangular boxes, approximately four and one -half feet
tall by one -half foot wide, which will be painted to match the tower and fit
within its vertical girder structure. They will therefore be less visible than
traditional dishes on poles or roof tops. Six of these ten -pound antennas will
be mounted on the tower. Additional facilities will be maintained within an
eighteen by twenty foot area at ground level under the tower. The proposed use
has been approved by the Public Works Agency's Water Administration and
Engineering Divisions.
The term of the sublease is five years with three five -year option periods if
elected by PBMC. Rent shall be $1,000 per month, with annual increases tied to
the change in the Consumer Price Index, not to exceed five percent annually.
The sublease is conditioned upon approval by the Santa Ana Unified School
District.
®71
Q5. 383
2 5F
French Street Water Tower
March 4, 1996
Page Two
FISCAL IMPACT
Annual rental income of $12,000 will be deposited into the water revenue account
for miscellaneous refunds (account no. 60- 5804).
Cynth'la J. NelsdTi
Executive Director
Community Development Agency
CONCUR:
e J mes Ross
xecutive Director/
Public Works Agency
h: \actions \FRWATERT.CC
APPROVED AS TO FUNDS & ACCOUNTS:
Rod R. Coloma
Executive Director/
Finance & Management Services Agency
25F 078
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EXHIBIT 1 �
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REL: 2/2/96
RESOLUTION NO. 96 -017
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA APPROVING A COMMUNI-
CATIONS SITE SUBLEASE AGREEMENT WITH
PACIFIC BELL MOBILE SERVICES
WHEREAS the City of Santa Ana water tower is located at 1415
North French Street on land leased by the City from the Santa Ana
Unified School District; and
WHEREAS, Pacific Bell Mobile Services, a California
corporation, desires to place mobile /wireless communications
facilities on the City of Santa Ana water tower; and
WHEREAS, a Communications Site Sublease Agreement has been
prepared to allow such use of the City of Santa Ana water tower by
Pacific Bell Mobile Services and has been approved as to form by
the City Attorney and is on file in the office of the Clerk of the
Council;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SANTA ANA that the said Communications Site Sublease Agreement
is hereby approved, and that the Mayor and the Clerk of the Council
are authorized to execute the,same on behalf of the City of Santa
Ana.
ADOPTED this 1st day
ATTEST:
ice C. Guy
I k of the Council
of April 1996.
eguel A.' Pulido
ayor
COUNCILMEMBERS: APPROVED AS TO FORM:
Pulido Ave
Richardson Aye
Espinoza Na,7 Edward too er
Lutz Ay_e_ City Attorney
McGuigan A
Mills Awe
Moreno N
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— — — — — — — — — — — — — — — — — — —
14th ST I
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EXHIBIT 1 �
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EXISTING
TANK
Barbara Hendricks 4420 Rosewood Drive, 2nd Flour
Proporty Manager Pleasanton, California 94588
01012273189
Fax 1510 227 -2245
April 25, 1997
The City of Santa Ana
P.O. Box 1988 M -25
Santa Ana, CA 92702
Attn: Miguel A. Pulido
Mayor
Re: Site No. CM- 024 -21
1415 North French Street
Santa Ana, CA 92701
Dear Miguel A. Pulido:
4 c -oar
PACIFICC�03ELLm
CC y�' /NJobile Services
1, o, �Wi.//�
ri[tY
GITY OF SANTA ANA
Paragraph 5 of the Communication Site Lease Agreement for the above mentioned
property provides for a rent increase due to the Consumer Price Index. The increase of
$19.00 is effective May 20, 1997.
Therefore, effective May 20, 1997, I have calculated the rent to be $1,019.00 per month.
Please review the attached worksheet that shows the calculations.
Thank you for your support of our PCS project, and please do not hesitate to contact me
at 510/227 -3189, or my assistant, Linda Doria, at (510) 227 -2278 should you have any
questions or concerns.
Regards,
Barbara Hendricks
Property Manager
encl.
Cc: Lease File: CM- 024 -21
C: \My Doc \Rent Inc \CPI Letter
May 1997 Rent Increase Calculations
Site 9: CM- 024 -21
Base Rent: $1,000.00
Increase in rent amount is based on the percent of increase in the Consumer Price Index
between the periods fourteen (14) months before the commencement of the leases and
two (2) months before the commencement of the lease as published by the United States
Department of Labor, Bureau of Labor Statistics for All Consumers for the Los Angeles -
Anaheim- Riverside area.
Feb. 1196 CPI = 156.2
Feb. 1197 CPI = 159.2
$1,000.00 multiplied by 159.2 = $159,200
$159,200 divided by 156.2 = $1,019.00
Rent Increase Percentage: 1.92%
Rent Increase Dollar Amt: $19.00
Monthly rent for the year May 20, 1997 through May 19, 1998 is $1,019.00
Prorated Rent:
$19.00/31 =0.61
0.61x12 =$7.35
$1,019.00 + $7.35 = $1,026.00
June 1, 1997 rent check will be in the amount of $1,026.00
C: \My Doc \Rent Inc \CPI Calc
PACIFI � ��G��® EXHIBIT B
Mobile Services PAGE 1 OF 6
PROJECT DATA
DATE OF SURVEY: FEBRUARY 8, 1997
PROJECT AREA: APROXIMATELY 240 S.F.
LEGAL DESCRIPTION
ASSESSOR'S PARCEL NO.: 398 - 151 -01
A PORTION OF LINCOLN PARK TRACT, IN THE CITY OF SANTA ANA, AS SHOWN ON A MAP RECORDED IN
BOOK 6, PAGE 14, BEING A RE -PLAT OF ALL OF BLOCKS 1 AND 2 AND LOTS 3 AND 4 OF BLOCK 5 OF
THE FRENCH STREET TRACT AS SHOWN ON A MAP RECORDED IN BOOK 4, PAGE 45, BOTH OF
MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY.
BENCHMARK
O.C.S. BM 1A 105A 68
ELEV.: 123.885 NGVD 1929
BASIS OF BEARINGS
C.C.S. 1983
APPLICANT: PACIFIC BELL MOBILE SERVICES
2955 REDHILL AVENUE, SUITE 100
COSTA MESA, CALIFORNIA 92626
(714) 825 -8017
RECORD OWNER: THE CITY OF SANTA ANA, A MUNICIPAL CORPORATION
P.O. BOX 1988 M -25
SANTA ANA, CALIFORNIA 92702
ATTENTION: MIGUELA. PULIDO, MAYOR
(714) 565 -4008
WITH COPY TO: THE SANTA ANA UNIFIED SCHOOL DISTRICT
1601 EAST CHESTNUT AVENUE
SANTA ANA, CALIFORNIA 92701 -6322
ARCHITECT: SBA, INC.
2955 REDHILL AVENUE, SUITE 100
COSTA MESA, CALIFORNIA 92626
(714) 825 -8029
ASSOCIATE ARCHITECT: BOJORQUEZ & ANDERSON
3185 H AIRWAY AVENUE
COSTA MESA, CALIFORNIA 92626
(714) 444 -3030
LAND SURVEYOR: SUN SURVEYING
3829 BIRCH STREET
NEWPORT BEACH, CALIFORNIA 92660
(714) 852 -8626
PROJECT DESCRIPTION:
THIS IS AN UNMANNED UTILITY SUBSTATION FOR (PCS) WIRELESS COMMUNICATIONS
CONSISTING OF A BASE TRANSCEIVER STATION (BTS) UNIT AND THE INSTALLATION OF A
TANK MOUNTED ANTENNA ARRAY.
CM- 024 -21 WATER TOWER
1415 NORTH FRENCH STREET
SANTA ANA, CALIFORNIA 92701
TANK MOUNTED ANTENNA INSTALLATION
DOCUMENT DATE: 11/21/97 INITIALS:
EXHIBIT
B
Mobile Services
PACE 2
OF 6
I
17TH STREET
16TH
STREET
w
w
PROPOSED PBMS
N
SITE LOCATION
15TH
STREET
m
o
uj
`Q
SgNTq
z
Lo
Z Q
q N
q FRF
14TH
STREET
a
FygY
a
w
WELLINGTON AVENUE
N
Z w
a cn
WASHINGTON AVENUE
w
= Z
o
-7
d
CM- 024 -21 WATER TOWER
1415 NORTH FRENCH STREET
SANTA ANA, CALIFORNIA 92701
TANK MOUNTED ANTENNA INSTALLATION
DOCUMENT DATE: 11/21/97
INITIALS:
r-
PACIFIC -� BELL
PROPERTY
LINE
EXISTING
BUILDINGS
(TYPICAL)
PROPOSED PBMS
LEASE AREA
12.0' X 20.0'
(GROUND LEVEL)
PROPOSED PBMS
UTILITY EASEMENT
5.0' WIDE
PROPOSED PBMS
ACCESS \UTILITY
EASEMENT
15.0' WIDE
w
w
N
\9
Z�
w
\Z
v
T
EXHIBIT B
PAGE 3 OF 6
EXISTING
CONCRETE TOWER
FOOTING 10.0' WIDE
EXISTING
' TOWER STRUCTURE
II EXISTING
�i i FENCE & GATE
143
EXISTING UTILITY
POLE #429903E
14th ST.
0
I�
m
D
N
IA
Im
CM- 024 -21 WATER TOWER
1415 NORTH FRENCH STREET
SANTA ANA, CALIFORNIA 92701
TANK MOUNTED ANTENNA INSTALLATION
DOCUMENT DATE: 11/21/97
T
N
I
EXISTING CONCRETE
BLOCK WALL & GATE
v-
INITIALS:
PACIFIC � BELL��
PROPOSED PBMS
ANTENNA, (2) TYPICAL
SECTOR "A" (00')
(MOUNTED ON TOWER)
PROPOSED PBMS
BTS UNIT
PROPOSED
TELEPHONE PAN
PROPOSED
CONCRETE PAD
EXISTING CHAIN
LINK FENCE
PROPOSED
PULLBOX -
PROPOSED PBMS
ANTENNA, (2) TYPICAL
SECTOR "C" (0240')
(MOUNTED ON TOWER)
PROPOSED PBMS
UTILITY EASEMENT
5.0' WIDE
PRUF'UJLU
ELECTRICAL PANEL
PROPOSED
ELECTRICAL
METER PEDESTAL
PROPOSED
DISCONNECT SWITCH
CM- 024 -21 WATER TOWER
1415 NORTH FRENCH STREET
SANTA ANA, CALIFORNIA 92701
TANK MOUNTED ANTENNA INSTALLATION
DOCUMENT DATE: 11/21/97
EXHIBIT B
PAGE 4 OF 6
H
I
PROPOSED
LNA UNITS (6) TYPICAL
(MOUNTED ON INSIDE WALL
OF TOWER FOOTING)
PROPOSED PBMS
LEASE AREA
12.0' X 20.0'
(ON GROUND)
EXISTING FENCE
EXISTING
CONCRETE TOWER
FOOTING 10.0' WIDE
EXISTING CONCRETE
TOWER STRUCTURE
PROPOSED PBMS
ANTENNA, (2) TYPICAL
SECTOR "B" (0120')
(MOUNTED ON TOWER)
PROPOSED PBMS
PEDESTRIAN
ACCESS ROUTE
EXISTING LADDER
(OVER FOOTING)
PROPOSED PBMS
ACCESS EASEMENT
15.0' WIDE
INITIALS: 4�� !�
PACIFIC = ELL
NORTHWEST ELEVATION
CM- 024 -21 WATER TOWER
1415 NORTH FRENCH STREET
SANTA ANA, CALIFORNIA 92701
TANK MOUNTED ANTENNA INSTALLATION
DOCUMENT DATE: 11/21/97
1G WATER TANK
5ED PBMS
VA, (2) TYPICAL
�Z "A" ( ®0')
JG WATER
FOWER
,OSED PBMS
UNIT
'OSED
'HONE
STAL
ING
R FOOTING
INITIALS:
EXHIBIT B
PAGE 5 OF 6
p°.0 RCla BMLO
EXHIBIT
B
Mobile Services
PAGE 6
OF 6
EXISTING
WATER TANK
PROPOSED PBMS
ANTENNA, (2) TYPICAL
SECTOR "C" ( @240')
PROPOSED PBMS
ANTENNA, (2) TYPICAL
SECTOR "B" (0120')
EXISTING WATER
TANK TOWER
0
0
PROPOSED PBMS
TELEPHONE PANEL
PROPOSED PBMS
ELECTRICAL METER
PEDESTAL
PROPOSED PBMS
EXISTING
TOWER FOOTING
DISCONNECT
SWITCH
PROPOSED PBMS
EXISTING LADDER
UTILITY PANEL
SOUTH ELEVATION
CM- 024 -21 WATER TOWER
1415 NORTH FRENCH STREET
SANTA ANA, CALIFORNIA 92701
TANK MOUNTED ANTENNA INSTALLATION
DOCUMENT DATE: 11/21/97
INITIALS:
2521 Michelle Avenue, .,.,.
Tustin, California 92789
rkf i5 IU Ei l 8q.n
{11 J±a
March 31, 1998
City of Santa Ana
P.O. Box 1988 M -30
Sant Ana, California 92702
PAC IFIC1g+BELL.
Mobile Services
Certified Mall Return Receipt Requested
Re: Communications. Site Sublease Agreement - CM- 024 -21
Dear Lessor:
Pacific Bell Mobile Services (PBMS) would like take this opportunity to thank you for your
continued support of our Pure Digital Personal Communications Services (PCS). PBMS has
been able to construct a pure digital wireless telephone network that offers superior voice
quality, unsurpassed clarity and many advanced features such as alpha numeric paging and voice
messaging in record time. We have been able to reach our goals largely due to the partnering of
quality landlords such as yourself.
To better serve you, PBMS is pleased to announce the opening of our Los Angeles Regional
Office. Pursuant to the Communications Site Sublease Agreement dated April 1, 1996 (the
"Sublease ") this letter shall serve as notice that the address for any notice or demand required to
given under the Sublease shall be as follows:
Pacific Bell Mobile Services
2521 Michelle Drive, 2nd Flour
Tustin, CA 92780
Attn: Property Management
Telephone: (800) 355 -1802
Fax: (806) 394..9242
E -Mail: property @pacbell.mobile.com
We look forward to a long and prosperous relationship. If you should have any questions or
concerns, please do not hesitate to contact our Property Management Department at the number
provided above.
Sincerely,
/1' " w
Charles J. Vranek
Vice President, Network
Los Angeles Region
January 16, 1998
The City of Santa Ana, a Municipal Corporation
Post Office Box M -25
Santa Ana, California 92702
Re: Communications Site Sublease Agreement - CM- 024 -21
Dear Mayor Pulido:
The City Clerk has notified our office that the address listed for notices in the Sublease is
incorrect. In order for us to change our records, we require written notification of the
updated address. The address we currently have listed for notices is :
Post Office Box 1988 M -25
Santa Ana, California 92702
Attie: Miguel A. Pulido, Mayor
Please send us notification of the change and we will adjust our records. For your
convenience we have enclosed a self addressed envelope.
We have also included a copy of the fully executed Sublease, per your request.
If you have any further questions or concerns, please call our Property Management
Department at (800) 355 -1802.
Sincerely, This is to serve as written
�. - -- notice that the correct address
for notices is:
Post Office Box 1988 M -30
Santa Ana, California 92702
RosalbaTovar Attn: Miguel A. Pulido, Mayor
Lease Administration
SBA, Inc.
An Independent Contractor
Representing PBMS
Enclosure
cc: file
Janice C. Guy /
Clerk of the Council
Mq I L--e P
SBA, In(. V 2955 ReA111 Avenue 21 Suite 100 ®u (osta Mesa, (A 92616 mu Fax (114) 825 -8010 01 www.shasite.unn 310 Y
SBA, Inc. • Wireless Communications Consultants National & International
2956 Redhill Avenue
Costa Mesa, CA 92626
December 1, 1997
The City of Santa Ana, a Municipal Corporation
Post Office Box M -25
Santa Ana, California 92702
Attention: Miguel A. Pulido, Mayor
Re: Communications Site Sublease Agreement - CM- 024 -21
Dear Mayor Pulido:
Enclosed please find two (2) final Exhibit B documents. The Exhibit B document depicts
Pacific Bell Mobile Services (PBMS) antenna facility in relation to your property and
replaces the Exhibit B currently in the Communications Site Sublease Agreement.
Please initial the lower right corner of each page indicating your approval. The initials of
each party who signed the lease are required on the document. Retain one (1) copy for
your records and return the other copy to my office.
I am enclosing a self addressed, prepaid return envelope for your convenience. Your
prompt attention in returning the enclosed document is greatly appreciated.
If you have any questions or concerns, please contact Craig Sanders, Site Acquisition
Consultant, at (714) 825 -8039.
Sincerely,
&xk-Na't kf-
Lease Administration
SBA, Inc.
An Independent Contractor
Representing PBMS
Enclosures
JM /tf
cc: file
11
. .
/lr;,olfgl
;Cod
2521 Michelle Dr., 2nd Floor
Tustin, California 92780
April 24, 2000
MAY 2 9 24 aH '90
CLLka\ Ui iiit
CITY OF SANTA ANA
The City of Santa Ana
Finance & Management Services
Attn: D. Borik, Accounting & Budget Manager
20 Civic Center Plaza M -17
Santa Ana, CA 92702
Re: Site No, CM- 024 -21
1405 North French Street
Orange, CA
Dear D. Borik:
PACIFIC [IBELL®
Wireless
Ro ffG rt1 l' Oi � "0V P
b-,rTt, 10cir-a-
/3 .j_ 4 4 1o1 a >j /L -e '
Certified Mail Return Receipt Requested
G _ I? P //( ('0Z.0"044
Paragraph 5 of the Communications Site Sublease Agreement dated April 1, 1996 (the "Lease ") for the
above mentioned property provides for a rent increase due to the Consumer Price Index effective May 20,
2000. As such, we have calculated your monthly rent to be $1,088.71.
Additionally, pursuant to the Lease this letter shall serve as notice that the address for any notice or
demand required to given under the Lease shall be as follows:
Pacific Bell Wireless
Attn: Property Management
2521 Michelle Drive, 2 °a Floor
Tustin, CA 92780
Telephone: (800) 355 -1802
Fax: (800) 394 -9242
E -Mail: proDertyrruacbellwireless.com
Thank you for your support of our PCS project. Should you have any questions or concerns, please do
not hesitate to contact our Property Management Department.
Sincerely,
Marls Rivera
Regional Manager
Los Angeles Region
MR/jam
May 2000 Rent Increase Calculations
Site No: CM- 024 -21
Base rent: $1,052.97
Increase in rent amount is based on the percent of increase in the Consumer Price Index between the
periods fourteen (14) months before the anniversary of the commencement date of the lease and two (2)
months before the anniversary date as published by the United States Department of Labor, Bureau of
Labor Statistics for All Consumers for the Los Angeles- Anaheim- Riverside area.
March 1999 CPI = 165.0
March 2000 CPI = 170.6
$1,052.97 x 170.6 = $179,636.682
$179,636.682 / 165.0 = $1,088.707
Rent Increase Percentage: 3.393%
Rent Increase Dollar Amt: $35.74
Monthly rent for the year May 20, 2000 through May 19, 2001 is $1,088.71.
Prorated Rent:
35.74/31 =1.152
1.152 x 12 = 13.834
1,088.71 + 13.83 =1,102.54
June 2000 rent will be in the amount of $1,102.54.
Barbara Hendricks 4420 Rosewood Drive, Bulm „e 2, Second Floor
Property Manager Pleasanton, California 94566
1510)227 -3169
Fax 1510227 -2245
May 7, 1998
The City of Santa Ana
P.O. Box 1988 M -25
Santa Ana, CA 92702
Attn: Miguel A. Pulido
Mayor
Re: Site No. CM- 024 -21
1405 North French Street
Orange, CA
Dear Mr. Pulido:
PACIFICF +BELL®
Mobile Services
D� 4v-?f /- �6 -0`1
Wl rjP Y- Icp-7t c �6aL,
M 0/3/ L- e-_
VIA CERTIFIED MAIL
C '1
(/)/V
Paragraph 5a of the Communications Site Sublease Agreement for the above
referenced property provides for a rent increase due to the Consumer Price Index.
The increase noted in my letter of April 22, 1998 was calculated using the original
$1,000.00 monthly rent. This was in error.
The first annual increase, effective May 20, 1997, was $19.00 per month. I have
calculated the monthly rent effective May 20, 1998, using the current rent of
$1,019.00 per month as the base figure.
Pacific Bell Mobile Services previously issued a prepaid rent of $40,000.00,
effective with July 1, 1996 rent. This prepaid rent has a balance, after June 1998
rents are paid, and including prorations for annual increases, of $15,336.29. Please
see attached calculations.
Thank you for your support of our PCS project. Please do not hesitate to call me at
925/227 -3189, or my assistant, Linda Doria, at 925/227 -2278, should you have any
questions or concerns.
Regards, 7
t- Barbara Hendricks
Property Manager
cc: Charles Vranek, Executive Director of Network
Kimberly Upton- Frost, Lease Administrator
Lease file CM- 024 -21
Chron File
May 1998 Rent Increase Calculations
Site No: CM- 024 -21
Base Rent: $1,019.00
Increase in rent amount is based on the percent of increase in the Consumer Price Index
between the periods fourteen (14) months before the anniversary of the commencement
date of the lease and two (2) months before the anniversary date as published by the
United States Department of Labor, Bureau of Labor Statistics for All Consumers for the
Los Angeles - Oakland -San Jose area.
March 1997 CPI = 159.8
March 1998 CPI = 161.4
$1,019.00 x 161.4 = $164,467
$164,467 / 159.8 = $1029.20
Rent Increase Percentage: 1.00%
Rent Increase Dollar Amt: $10.203
Monthly rent for the year May 20, 1998 through May 19, 1999 is $1,030.00
Prepaid rent effective July 1, 1996 $40,000.00
Rent through May 31, 1997 @ $1,000 /mo -11,000.00
subtotal $29,000.00
Rent June 1, 1997 +proration 5/20 - 5/31/97 - 1,026.00
subtotal $27,974.00
Rent through May 31, 1998 @ $1019 /mo - 11,209.00
subtotal $16,765.00
Rent June 1, 1998 + proration 5/20 - 5/31/98 - 1,428.71
Prepaid rent balance 6/30/98 $15,336.29
C:\May98\CMCP1Ca1c