13-122 Site Lease Agreement, Pacific Bell Wireless, LLC, 10121 Miller Avenuet NAL
1 U f �` d J SITE NUMBER; SF- 922 -02
SITE NAM arinrnrrccnc (Rhwoad)
Cl�l1�IL�ICATTON �� �� ���
THIS COMMUNICATIONS SITE LEASE AGREEMENT "Lease ") dated as of , 2002,
is between PACIFIC BELL WIRELESS, LL , a Nevada Limited Liability Company dlb a CINGULAR
WIRELESS "Lessee" whose address is 4420 Rosewood Drive, Building 2, 3rd floor, Pleasanton, California
94588, and MICHAEL C. WEBER and SUZANNE M. WEBER, as husband and wife ( "Lessor" ) whose address
is 12415 Saratoga Creek. Drive, Saratoga, California 95070.
The parties hereto agree as follow:
I . Premises. Lessor owns the real property legally described in Exhibit "A" commonly known as
10121 Miller Avenue, Cupertino, California 95014 (Assessor's Parcel Number 369 -07 -001. Subject to the
following terms and conditions, Lessor leases to Lessee that portion of Lessor's property "Lessor's Property')
depicted in Exhibit "B", including any applicable casements for access and utilities (the " Prerises" ).
2. Use. The Prerrm ses may be used by Lessee for any lawful activity in connection with the
provisions of mobile /wireless communications services, including the transmission and the reception of radio
co=unication signals on various frequencies and the construction, maintenance and operation of related
communications facilities as agreed to and defined in Exhibits B. The installation and use of any other
communications facilities above and beyond those described in Exhibit B shall require written approval of Lessor.
Lessor agrees, at no expense to Lessor, to cooperate with Lessee, in making application for and obtaining all
licenses, permits and any and all other necessary approvals that may be required for Lessee's intended use of the
Premises.
3. Condition Precedent. This Lease is conditioned upon Lessee, or Lessee's assigns, obtaining all
goven- tmental perrmits and approvals enabling Lessee, or its assigns, to construct and operate mobilel wirele s
conunu-nications facilities on the Premises.
4. Perm. The term of this Lease ("Tea if') shall be Five years conunencing with the issuance of
a local building pern -At allowing Lessee to construct its mobile /wireless communications facilities on the Prerrdses
("Commencement Date"). Lessee shall have the right to extend the Term of this Lease for Five additional Terms
("Renewal Terms" of Five gears each,. Eacb Renewal Term shall be on the same tenm and conditions as set for tb
herein. This Lease shall automatically be extended for each successive five year Renewal Terre unless Lessee
notifies Lessor in writing of Lessee's intention not to extend this Lease at least thirty days prior to the expiration
of the first five year Terra or any Renewal Term.
5. rent. Upon the Commencement Date, lessee shall pay Lessor, as rent, the sure of One Thousand
Five Hundred Dollars ($1,500.00) "Beat" per month. Rent shall be payable on the 1st day of each month, in
advance, to Lessor or Lessor's payee at address specified in Paragraph 1, Miscellaneous.
If the Commencement Date is other than the first day of a calendar month, Lessee may pay on the
first day of the Term the prorated rent for the remainder of the calendar month in whicb the Term commences, and
thereafter, Lessee shall pay a fall month's Rent on the first day of each calendar month, except that paym t shall be
prorated for the final fractional month of this Lease, or if this Lease is terminated before the expiration of any month
for which Rent should have been paid.
Rent shall be increased on each anniversary of the Commencement Date by and an amount equal to
(3.5%) of the Rent for the previous year.
6. Improvements; Access.
a Lessee shall have the right (but not the obligation) at any time following the full execution of this
Lease and prior to the Commencement Date, to enter the Pren -uses for the purpose of making necessary inspections
and engineering surveys (and soil tests where applicable) and other reasonably necessary tests (collectively "Tests"
to determine the suitability of the Premises for Lessee's Facilities as defined herein) and for the purpos of
R9 i TMTIALED 8 :
1130/2002
SITE NUMBER: sF- 922 -02
SITE NAMF: Commerce one (Rid wood)
preparing for the construction of Lessee's Facilities. During any 'rests or pre - construction work, Lessee will have
insurance as set forth in Section 12, Insurance. Lessee will notify Lessor of any proposed 'Pests or pre - construction
woTk and will coordinate the scheduling of sarne with Lessor. if Lessee determines that the Premises are unsuitable
for Lessee's contemplated use, then Lessee will notify Lessor and this Lease will terminate.
b) Lessee has the right to construct, maintain and operate on the Premises radio communications
f oiii ies, including but not fir ted to, radio frequency transmitting and receiving equipment, batteries, utility lines,
transmission lines, radio frequency transuftting and receiving antennas and supporting structures and improvements
"Lessee's Facilities "). In connection therewith, Lessee has the right to do all work necessary to prepare, add,
maintain and alter the Premises for Lessee's communications operations and to install utility lines and transmission
line -& connecting antennas to transmitters and receivers. All of Lessee #s construction and installation work shall be
performed at Lessee's sole cost and expense and in a good and workmanlike manner. Title to Lessee's Facilities and
any equipment placed on the Premises by Lessee skull be held by Lessee. All of Lessee's Facilities shall remain the
property of Lessee and are not fixtures. Lessee has the right to remove all Lessee "s Facilities at its sole expense on
or before the expiration or termination of this Lease.
c) Lessor shall provide access to Lessee, Lessee's employees, agents, contractors and subcontractors
to the Premises twenty -four 4) hours a day, seven 7) days a week, at no charge to Lessee. Lessor represents and
warrants that it has full rights of ingress to and egress from the Premises, and hereby grants such rights to Lessee to
the extent required to construct, maintain, install acid operate Lessee's Facilities on the Premises. Lessee's exercise
of such rights shall not cause undue inconvenience to Lessor.
d) Lessor shall maintain all access roadways from the nearest public roadway to the Premises in a
mmnn r sufficient to allow access. Lessor shall be responsible for maintaining and repairing such roadways, at its
sole expense, except for any damage caused by Lessee's use of such roadways. If Lessee causes any such damage, it
shall promptly repair same.
e) Lessee shall have the right to install utilities, at Lessee's expense, and to improve the present
utilities on or near the Premises (including, but not lirnited to the instahattion of emergency back -up power). Subject
to Lessor's approval of the location, which approval shall not be unreasoinably withheld, Lessee shall have the right
to place utilities on or to bring utilities across) Lessor's Property in order to service the Prend es and Lessee's
Facilities. Upon Lessee's request, Lessor shall execute recordable easement (s) evidencing this right.
0 Lessee shall fully and promptly pay for all utilities furnished to the Premises for the use, operation
and maintenance of Lessee's Facilities.
{g) Upon the expiration, cancellation or termination of this Lease, Lessee shall surrender the Premises
to Lessor in the condition as it existed as of the Commencement Date, less ordinary wear and tear, except that Lessee
shall not be required to remove underground conduits.
7. Interference with Communications. Lessee's Facilities shall not disturb the con ununicatfons
configurations, equipment and frequency which exist on Lessor's Property on the Commencement Bate (T re-
existing ting Con nunications "), and Lessee's Facilities shall comply with aU non - interference rules of the Federal
Con nunications Commission "'FCC "). Lessor shall not penult the use of any portion of Lessor's Property in a way
which interferes with the communications operations of Lessee described in Paragraph 2, above. Such interference
with Lessee's conunun cations operations shall be deemed a material breach by Lessor, and Lessor shall have the
responsibility to promptly terminate said interference. In the event any such interference does net cease promptly, the
parties acknowledge that continuing interference will cause irreparable miury to Lessee, and therefore, Lessee shall
have the right to bring action to enjoin such interference or to terminate the Lease immediately upon notice to
Lessor. Notwithstanding the foregoing, Pre - existing Communications operating in the same manner as on the
onunencernent Date shall not be deemed interference. Subsequent to the date of this Lease, Lessor shall not use its
Property or permit its lessees, licensees or invitees to use Lessor's Property for transmission or reception of
con nu,nications or signals without the express prior written consent of Lessee, which consent shall not be
unreasonably withheld. Lessee's consent ray be witbheld if interference with Lessee's technical operations will
result due to such use, whether or not such interference is with Lessee's frequencies or otherwise.
It9 2 INI'i`IALED B:
113012002
SM DUMBER: F- 922-02
SITE NAME: Coamrce one (Richwood)
8. 'Faxes. Lessee shall pay personal property taxes assessed against Lessee's Facilities and Lessor
shall pay when due, all real property taxes and all other taxes, fees and assessments attributable to the Premises and
this Lease,
9. Ter nation. This Lease may be terminated without further liability on thirty o days prior
written notice as follows: i by either pater upon a default of any covenant, condition, or terry hereof by the other
Party, which default is not cured within sixty days of receipt of written, notice of default; (ii) by Lessee for any
reason or for no reason, provided Lessee delivers written notice of termination to Lesser prior to the Commencement
Date; (iii) by Lessee if it does not obtain or maintain, licenses, permits or other approvals necessary to the
construction or operation of Lessee's Facilities; or iv Lessee if Lessee is unable to occupy or utilize the
Premises due to ruling or directive of the FCC or other governmental or regulatory agency, Including, but not Bruited
to, a tale back of channels or change in frequencies; or (v) by Lessee if Lessee determines that the Premises are not
appropriate for its operations for econornic, environmental or technological reasons, including without limitation,
signal strength or interference. If termination under section , Lessee agrees to continue rental payment through
the end of the then current term,
10. Destruction of Premises. If the Premises or Lessor's Property is destroyed or damaged to an
extent which in Lessee's reasonable judgment supported by appropriate technical documentation delivered to Lessor
in such that it will materially hinder Lessee's effective use of Lessee's Facilities t the Premises, Lessee may elect to
terminate this Lease as of the date of the damage or destruction by so noting Lessor no more than 30 days
following the date of damage or destruction. In such event, all rights and obligations of the parties which do not
survive the tenmination of this Lease shall cease as of the date of the damage or destruction.
11. Condemnation. If a condemning authority tapes all of Lessor's Property, or a portion which in
Lessee's oplw'on is sufficient to render the Premises unsuitable for Lessee's use, then this Lease shall terminate as of
the date when possession is delivered to the condenming authority. In any condemnation proceeding each party shall
be entitled to make a claim against the condemning authority for just compensation (Which for Lessee shall include,
the value of Lessee's Facilities, moving expenses, prepaid rent, business dislocation expenses, bonus value of the
lease and any other amounts recoverable under condemmfion law). Sale of all or part of the Premises to a purchaser
with the power of eminent dommin in the face of the exercise of its poorer of eminent domain, sball be treated as a
taking by a condemning authority.
12. Insurance, Lessee shall maintain the following insurance: (l ) CCommercial General Liability With
ln' W'ts of 1000,000.00 per occurrence, Automobile Liability with a combined single lit of l,000,000.00 per
accident, Workers Compensation as required by law, and Employer's Liability with limits of $1,000,000.00
per occurrence.
Each party to this Lase shall each maintain standard foam property insurance ("'All Risk"
coverage) equal to at least 0% of the replacement cost covering their respective property. Each party waives any
rights of recovery against the other for injury or loss clue to hazards covered by their property insurance and each
party shall requi
SI'T'E DUMBER SF- 922 -02
)TjE NAME: Commerce one {Riciiwwd
or encumbrances which may adversely affect Lessee's use of the Prerrises, Lessee shall have the right to terminate
this Lease inunediately upon written notice to Lessor.
15. . Repairs. Lessee shall not be required to male any repairs to the Premises except for damages to
the Premises caused by Lessee, its ernployees, agents, contractors or subcontractors.
16. Environmental. Lessor represents that the Prerrlises have not been used for the generation,
storage, treatment or disposal of hazardous materials, hazardous substances or hazardous wastes. In addition, Lessor
represents that no hazardous materials, hazardous substances, hazardous wastes, pollutants, asbestos, polychlorinated
biphenyls (PCBs), petroleum or other faels (including crude oil or any fraction or derivative thereof} or underground
storage tars are located on or near the Premises. Notwithstmding any other provision of this Lease, Lessee relies
upon the representations stated herein as a rmterial inducement for entering into this Lease,
17. Miscellaneous,
a If any provision of the Lease is invalid or unenforceable with respect to any party, the remainder of
this Lease or the application of such provision to persons other than those as to whom it is held invalid or
unenforceable, shall not be affected and each provision of this Lease shall be valid and enforceable to the fidlest
extent permitted by law.
b This Lease shall be binding on and pure to the benefit of the successors and perrrdtted assignees of
the respective parties.
c Any notice or dernand 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:
Lessor: Michael C. weber and Suzanne M. weber
12415 Saratoga Creek Drive
Saratoga, California 95070
Lessee: Cingula.r wireless
4420 Rosevood Drive
Building 2, 3rd Floor
Pleasanton, California 945$8
Attention: Cing lair wireless Property Manager
If Lessee is to pay Rent to other than Lessor, Lessee shall pay such Dent to the pAyee designated by Lessor at the
address stated below:
Payee's Name: Weber Building
Address: 12415 Saratoga Creek Drive
Saratoga, California 95070
Lessor or Lessee may from time to time designate any other address for this purpose by written, notice to the other
party.
d This Lease shall be governed under the laws of the State of California.
(e) The substantially prevailing party in any legal claim ansmig hereunder shall be entitled to its
reasonable attorney's fees and court costs, including appeals, if any.
Tern and conditions of this Lease which by their sense and context survive the termination,
cancellation or expiration of this Lease will so survive.
4 IMIALED 8
SITE NUMBER: SF- 922.02
SITE NAME. Conrwrce One (Riches d)
g Upon request either party may require that a Memorandum of Lease be recorded in the form of
Exhibit "C ,
h This Lease constitutes the entire Lease 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 Lease must be in writing and executed by
bout parties.
i Lessee's right of exclusive use of the Prexrdses is limited to the areas comprising the premises
which are shown on the attached Exhibit B.
IN MTNESS WHEREOF, the pales have executed this Lease as of the date first abo e written.
ATTEST WITNESS
c
✓dY
Date:
ATTEST WIT 55
r � r
Date: " 1
ATTEST V"TNE
Dare:
LESSOR: MICHAEL C. lUf R and SUZANNE
M. WEIRR, as husband and wife
imp
Name: - . Weber
Title
Tax ID : �� 0 a a CLq, _ -
Date:
SON
Larne: anne M. Weber.
Tine: #1 Tax I H: .� ajte 9_k
Date: rt
l
LESSEE: PACMC BELL V4RELESS, LL C, a
Nevada Limed Liability Company dJb /a
By:
Name:
Title:
Date:
R9 S
1!30!2002
I I ALED BY,
f y • _ -
L
ZT NUMBER, F-422 -02
5I NAME; Conm=c e Oise (RichwQOd)
EXHIBIT
LEGAL DESCRIPTION OF LESSOWS PROPEATY
Lessor's Property of hic Premises acre a part is legally described as follows:
i
w
All tblaig =XtAift pairivelL 14u4 aft 1: .0rstQi"TARCEZ ;°fir
or 7 aMa 39 at 42=% 140 , 219V D'° j 3 M' �
y A? 1 1972 47J9160k 195 Of hams, Az
(as) I'm
-to kights of suifu4t ryj as GM%iqd r.0 Calk'9122n!'A r 4 1��q
Cu;npaays a CaUgathI zp= on, Mi=xavA cn QCtbXeZ 3),v IM
i 5337 at 09tialkA 74u
AAA;)
x
1/W2002
SITE. NUM BM S F- 922.02
SITE NAME Commme one (Xk wood)
EXHIBIT B (continued)
DESCRIPTION of PREMISES
The Premises consist of hose speck areas described shown below where Lessee's cornmu cations antennae,
equipment and cables occupy Lessor's Property, The Premises and the associated utility connections and access,
including easements, ingress, egress, dimensions, and locations as described/shown below, are approximate only and
may be adjusted or changed by Lessee at the time construction to reasonably acconunodate sound engineening
criteria and the Physical features of Lessor's Property,
i
I
t ,
1
.. ... — — coaxial
Main power ---�� cable
and txo l�oe� �c
room on 1 t
Floor parapet
Chimney design
to screen ardena
TS blob;
6� (Q
ewer znd
Tek-o ponals
P -311
ontenn
I
3
E
Telco and
)oor
reach
1
R9 7 R4rrLkMD SY:
1 /3012002
IN.
e
r
A
V
e
n
U
a
SITE NUMBER; F -922-0
SITE NAME: CQ,. mcxcc One (Richwood
EXHIBIT E
DESCRIPTION OF PREMISES
Chimney design wkh
:mn,4imnnA InRWA
iohood Drive'
ash enclosure
CPS V arit�
zind Telco pars -0s
c Parking Lot
final dravv`�ng or copy of a property survey depicting the above will replace this ExEblit -"'B" when initialed by
Lessor, i
Dotes .
1. This ExInibit may be replaced by a l d survey or Site Plan o Premises once it is received by Lessee,
2. Setback of the Premises from the Lessor's boundaries shall be the distance required by the applicable
governmental authorities.
3. Width of access road shall be the width required by the applicable governmental authorities, including police
and fire departments.
4. The type, number and mounting positions and locations of antennas and transmission lines are illustrative only.
Actual types.. numbers mounting positions =y vat from w at is shorn above.
R9 rNITLkLED BY
1r3
SITE UMBER: F- 922 -02
SITE NAME: Corninerce one (Richwood)
EX1B1T C
RECORDING II RF UE STED BY, AND
WHEN RECORDED, RETURN TO:
Cingular wireless
4420 Rosewood Drive
Building 2,, r1 Floor
Pleasanton, California 9458$
Attention: Cingular Fireless Property Manager
i 1EMO ANDIJM of LEASE
THIS MEMORANDUM of LEASE "Memorandum„ dated as of , 2002, is between
MICHAEL C. WEBER and SUZANNE E . WEBER, as husband and wife ("Lessee"), and PACIFIC BELL
WRELESS, LLC, a Nevada Lui ruited Liability Company d b/a C[NGULAR VVIERELE ("Lessee"),
RECITALS
NVM EAS, Lessor and Lessee have executed that certain Communications Site Lease Agreement
( "Lease" ) dated as o f " 2002, covering certain premises " premises" situated on
certain real property located in the City of Cupertino, County of Santa Clara, State of California, and more
particularly described in Exhibit "A" attached hereto and incorporated herein by this preference; and
WHEREAS, Lessor and Lessee desire to record notice of the Lease in the Official Records of Santa Clara
County, California;
NOW, TBFREFORE, in consideration of the foregoing, Lessor and Lessee hereby declare as follows:
1. Demise. Lessor has leased the Premises to Lessee (together with access rights), and Lessee has
hired the Premises from Lessor, subject to the teens, covenants and conditions contained in the Lease.
2.- Expiration Date. The term of the Lease "Term" is scheduled to commence with the issuance
of a local building permit and shah expire Five 5 years thereafter, subject to Lessee's option to extend the Term
pursuant to Section 4 of the Lease for Five 5 additional Terns of Fire years each.
3. Le2se.Controlling. This Memorandum' i solely for the purpose of iv ng constructive rxotice -of
the Leasc. In the evert of conflict between the ternis of the Lease and this Memoran un-4 the terms of the Lease
shall control.
.E
(Signature Page Follows)
1130/2002
IMTIALED av:
5 J
fy
SITE NUMBER. F- 922 -0
SITE NAME: Commercc One (Richwood)
IN WITNESS WHEREOF, the parties have executed this Memorandum of Lease as of the date first above written.
LESSOR: MICHAEL C. WEBER and SUZANNE
M. WEBER,, , as husband and wife
STATE OF CALIFORNIA
COLTNTY OF ...._,
On before me, , a
Notary Public, personally appeared _ _- , personally Imawn to me or proved
to me on the basis of satisfactory evidence) to be the persons) whose names is /are subscribed to the within
in to ent and acknowled ed to me that he /she /they executed the sane in his/her /their authorized o pacit ics , and
that by his/her /their igmatuxe s on the in tnment the person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNF,SS my hand and official seal.
Signature: - -- (Seal)
R9 10 rNITILED EY:
1130002
Name:
Michael C. weber
Title:
Date.
Name:
Su anne M. weber
Title:
Date:
1
LESSEE.
PACIFIC BELIE WIRELESS, LL C, a
Nevada Lumted Liability. Company d/b /a
CINULA WMEESS
,.
i
Name:
Title:
Date.
STATE OF CALIFORNIA
COLTNTY OF ...._,
On before me, , a
Notary Public, personally appeared _ _- , personally Imawn to me or proved
to me on the basis of satisfactory evidence) to be the persons) whose names is /are subscribed to the within
in to ent and acknowled ed to me that he /she /they executed the sane in his/her /their authorized o pacit ics , and
that by his/her /their igmatuxe s on the in tnment the person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNF,SS my hand and official seal.
Signature: - -- (Seal)
R9 10 rNITILED EY:
1130002
SITE NUMBER. SF-922-02
SITE NAME. Commerce One (Richwood)
STATE OF CALIFORNIA }
COUNTY OF
On before rye, a
Notary public, personally appeared personally known to one or proved
to erne 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 ber /their authorized eapacit ics , and
that by his herftheir signatures on the inst -ument the persons , or the entity upon behalf of which the person(s)
acted, executed the in ti=ent.
WITNESS nay hand and official seal.
Signature:
STATE OF CALIFORNIA
COUNTY OF
(Seal)
On _ before rne, , a
Notary Public, personally appeared , personally known to me or proved
to nee on the basis of satisfactory evidence) to be the person(s) whose name(s) dare subscribed to the within
instrument and acknowledged to rune that he/she /they executed the sarne zn his/her/their authorized capacityies, and
that by his/her /their signature(s) on the in tnm nt the person(s), or the entity upon behalf of which the person (s)
acted, executed the intr -rent.
WITNESS my hand and official seal.
Signature; (Seal)
R9 I 1 fi+fi'TIALED BY,
1/30/2002