CITY OF HERCULES SITE LEASE AGREEMENT
THIS SITE LEASE AGREEMENT (this "Lease") dated as of _________________ (“Commencement Date”), is made by and between the City of Hercules, a municipal corporation ("Lessor"), and _____________________________________________________limited liability company ("Lessee").
BACKGROUND
A. Lessor owns that certain plot, parcel or tract of land, as legally described on Exhibit A, together with all rights and privileges arising in connection therewith, located in the City of Hercules, County of Contra Costa, State of California 94547 [APN: 406-150-015-05] (collectively, the “Property”). Lessee desires to use a portion of the Property in connection with its federally licensed communications business to provide space for certain of Lessee’s equipment necessary or advisable for the operation of its antennas and associated communications fixtures and equipment installed or to be installed on a communication tower on wheels.
AGREEMENT
Lease of Premises. Lessor hereby leases to Lessee a certain portion of the Property containing approximately One Thousand Two Hundred Twenty-Five (1,225) square feet including the air space above such ground space, as described on attached Exhibit B (the “Premises”) for the placement of Lessee’s Wireless Communication Tower on Wheels (or “COW,” as defined in Section 4, Permitted Use, below) and permits Lessee to access the Premises through the Property only as necessary for installation or maintenance of all equipment required to connect Lessee’s antennas located on the Tower owned PG&E with the Wireless Communication Facility.
Term. The term of this Lease shall be until the expiration of Temporary Use Permit TUP #23-28 on August 21, 2025 or when a suitable Permanent site becomes available, whichever is sooner.
Rent.
From and after the Commencement Date, Lessee shall pay rent to Lessor in the amount of One Thousand Eight Hundred Dollars ($1,800.00) per month ("Rent"). If the COW draws more than the anticipated power consumption per month (which is anticipated to be 3,741 KWH), the next month’s Rent must include payment for any and all overage at the rate which Lessor pays per KWH. The first payment of Rent shall be due within thirty (30) days following the Commencement Date and shall be prorated based on the days remaining in the month following the Commencement Date, and thereafter Rent will be payable monthly in advance by the fifth (5th) day of each calendar month to Lessor at the address specified in Section 10, Notices, below. If this Lease is terminated for any reason at a time other than on the last day of a month, Rent shall be prorated as of the date of termination and all prepaid Rent shall be immediately refunded to Lessee.
Annually and automatically without notification, on each anniversary of the Commencement Date during the Term, the then current base Rent shall be automatically increased by the greater of (i) three percent (3%) over the monthly Rent paid during the previous year, or (ii) any percentage increase which occurred in the Consumer Price Index (CPI) for the San Francisco - Oakland - San Jose Metropolitan Statistical Area during the preceding year period, provided, however, that in no event shall an increase in the monthly Rent exceed four percent (4%) over the monthly Rent paid in the immediately preceding year.
Permitted Use. The Premises may be used by Lessee for installation and operation of a COW, which is a temporary communication tower on wheels and associated equipment. Lessee further has the right, but not the obligation, to add, modify and/or replace equipment in order to be in compliance with any current or future federal, state or local mandated application, including, but not limited to, emergency 911 communication services. Lessee may not use the Premises for any other purpose or use without amendment to this Lease.
Interference. For the purposes of this Lease, “Interference” may include, but is not limited to, any use on the Property that causes electronic or physical obstruction with, or degradation of, the communications signals related to the COW, or physical obstruction with or degradation of the Property itself. Lessee shall not use the Premises in any way that causes Interference with the use of the Property by Lessor, or other lessees or licensees of Lessor. Similarly, Lessor shall not use the Premises in any way that causes Interference with the use of the Property by Lessee. Interference shall be deemed a material default by the interfering party, who shall, upon written notice from the other, be responsible for terminating said Interference. In the event any such Interference does not cease promptly, the parties acknowledge that continuing Interference may cause injury and, therefore, the injured party shall have the right, in addition to any other rights that it may have at law or in equity, to bring a court action to enjoin such Interference or to require the other party to immediately cease all operations which are suspected of causing the Interference (except for intermittent testing to determine the cause of such Interference) until the Interference has been corrected or eliminated.
Improvements; Utilities; Access; Removal/Restoration.
(a) Lessee shall have the right, at its expense, to erect and maintain on the Premises improvements, personal property and facilities necessary to operate the COW including radio transmitting and receiving antennas, microwave dishes, tower and base, equipment cabinets and related cables and utility lines and a location based system, including, antenna(s), coaxial cable, base units, location based systems, and other associated equipment. Lessee shall have the right to maintain, enhance, and upgrade the COW within the Premises at any time during the Term of this Lease, provided that Lessee shall not expand the use outside the Premises or otherwise install any improvements not necessary to operate the COW. Lessee shall cause all construction to occur lien-free and in compliance with all applicable laws and ordinances, and shall discharge or bond any mechanic's lien filed or recorded. The COW shall remain the exclusive property of Lessee. Lessee shall have the right to remove the COW at any time during the Term and upon the expiration or termination of this Lease.
Lessee, at its expense, may use any and all appropriate means of restricting access to the COW so long as such means does not block access to Lessor or any third party’s equipment that is legally occupying space at the Property or block Lessor’s access to any other portion of the Property.
Lessee shall, at Lessee’s sole cost and expense, at all times keep and maintain its equipment and the COW now or hereafter located on the Premises in a safe condition, and in compliance with the latest version of TIA 222 standards for the condition of the physical components of the COW, and for non-safety related matters in a commercially reasonable condition and repair during the Term of this Lease, normal wear and tear and loss by casualty or other causes beyond Lessee’s control excepted. Lessee shall have the right to install utilities, at Lessee. Lessor agrees to use reasonable efforts in assisting Lessee in obtaining any necessary utility service. Lessee shall install Emon-Demon meters for utilities used on the Premises by Lessee. Lessor agrees to cooperate in good faith with Lessee and the utility company to correct any variation, interruption or failure of utility service. Lessor acknowledges that Lessee provides a wireless communication service which requires electrical power to operate and must operate twenty-four (24) hours per day, seven (7) days per week.
Subject to Lessor’s consent with regard to size and location, Lessor grants Lessee a limited license in, under and across the Property for ingress, egress, utilities and vehicular and pedestrian access to the Premises adequate to install and maintain utilities, which include the installation of power and telephone service, coaxial cable and fiber optic cable, and to service the Premises and the COW at all times during the Term of this Lease (collectively, the "Access License"). The location of any future utility placement shall be mutually agreed upon by Lessor and Lessee. The License granted hereunder shall have the same term as this Lease and shall automatically terminate upon termination of this Lease. The License granted above shall be in effect for 24-hours-per-day, 7-days-per-week.
All portions of the COW brought onto the Premises by Lessee will be and remain Lessee’s exclusive property and, at Lessee’s option but subject to the requirements to remove the COA upon termination as provided below, may be removed by Lessee at any time during the Term. Lessor covenants and agrees that no part of the COW constructed, erected or placed on the Premises by Lessee become, or be considered as being affixed to or a part of, the Property, it being the specific intention of Lessee that improvements of every kind and nature constructed, erected or placed by Lessee will be and remain the property of Lessee. Within one hundred twenty (120) days after the termination of this Lease, Lessee must remove all above-ground improvements and return the Premises to Lessor in good condition, reasonable wear and tear and loss by casualty or other causes beyond Lessee control excepted.
Termination. Except as otherwise provided herein, this Lease may be terminated, without any penalty or further liability as follows:
(a) By either party on thirty (30) days prior written notice to the other, if the other party remains in default under this Lease after the applicable notice and cure periods; (b) Immediately by Lessee if Lessee is unable to obtain or maintain any license (including, without limitation, an FCC license), permit or any Government Approvals (as defined in Section 13, Approvals, below) necessary to the installation and/or operation of the COW as now or hereafter intended by Lessee, or Lessee’s business; or if Lessee determines, in its sole discretion that the cost of obtaining or retaining the same is commercially unreasonable; (c) [Intentionally omitted];
(d) Immediately upon written notice by Lessee if the Premises or the COW are destroyed or damaged so as in Lessee’s reasonable judgment to substantially and adversely affect the effective use of the COW to the extent that Lessee cannot provide service; (e) At the time title to the Property transfers to a condemning authority, pursuant to a taking of all or a portion of the Property sufficient in Lessee’s determination to render the Premises unsuitable for Lessee’s use, Lessor and Lessee shall each be entitled to pursue their own separate awards with respect to such taking. Sale of all or part of the Property to a purchaser with the power of eminent domain in the face of the exercise of the power shall be treated as a taking by condemnation; (f) Notwithstanding anything to the contrary in this Section 6 or elsewhere in this Lease, Lessee may terminate this Lease upon written notice to Lessor for any reason or no reason, so long as Lesseee pays to Lessor an early termination fee equal to one (1) months’ Rent, at the then-current rate, provided, however, that no such termination fee will be payable on account of the termination of this Lease by Lessee under any other termination provision expressly contained in this Section 6. Such termination fee shall be paid by Lessee to Lessor prior to Lessee’s removal of any portion of the COW from the Premises.
Default and Right to Cure.
(a) The following will be deemed a default by Lessee and a breach of this Lease: (i) non-payment of Rent if such Rent remains unpaid for more than thirty (30) days after written notice from Lessor of such failure to pay; or (ii) Lessee’s failure to perform any other term or condition under this Lease within thirty (30) days after written notice from Lessor. Notwithstanding anything herein to the contrary, safety issues may be required by Lessor to be remedied sooner than thirty (30) days in the event of an imminent threat, as reasonably determined by Lessor. No default will be deemed to exist if Lessee has commenced cure of such default within a thirty (30) day period or such shorter period as may be reasonably warranted by the occurrence of a safety issues, and provided that such efforts are prosecuted to completion with reasonable diligence. Delay in curing a default will be excused if due to causes beyond the reasonable control of Lessee. If Lessee remains in default beyond the applicable cure period, Lessor will have the right to exercise any and all rights and remedies available to it under law and equity. (b) The following will be deemed a default by Lessor and a breach of this Lease: (i) Lessor fails to provide Access to the Premises as required by this Lease within twenty-four (24) hours after Lessor’s receipt of written notice of such failure; (ii) Lessor’s failure to cure an Interference problem caused by Lessor, or any of its employees, contractors, on the Property as required by this Lease within ten (10) days after Lessor’s receipt of written notice of Lessor; or (iii) Lessor's failure to perform any term, condition, or covenant under this Lease within thirty (30) days after Lessor’s receipt of written notice from Lessee. No such failure, however, will be deemed to exist if Lessor has commenced to cure the default within such period and such efforts are prosecuted to completion with reasonable diligence. Delay in curing a default will be excused if due to causes beyond the reasonable control of Lessor. If Lessor remains in default beyond any applicable cure period, Lessee will have the right to cure Lessor’s default and to deduct the costs of such cure from any monies due to Lessor, and any and all other rights available to it under law and equity.
Taxes. Lessor shall pay, when due, all real property taxes for the Property, including the Premises. In the event that Lessor fails to pay any such real property taxes or other fees and assessments, Lessee shall have the right, but not the obligation, to pay such owed amounts and deduct them from Rent amounts due under this Lease on a dollar-for-dollar basis. Notwithstanding the foregoing, Lessee must pay any personal property tax, real property tax or any other tax or fee which is directly attributable to the presence, operation, or installation of the COW.
Insurance and Subrogation and Indemnification.
(a) Lessee shall procure and maintain throughout the duration of this Lease commercial general liability insurance including Lessor as an additional insured, with limits of $2,000,000.00 for bodily injury and property damage per occurrence and $5,000,000.00 aggregate, covering Lessee and occupancy of the Premises and operation of the COW, with a certificate of insurance to be furnished to Lessor thirty (30) days of the Effective Date of this Lease. Cancellation of any required coverage that is not replaced will not occur without Lessee providing at least thirty (30) days’ prior written notice to Lessor, except ten (10) days’ prior notice shall be required in the event of cancellation due to a failure to pay premiums. Furthermore:
(i) Lessee shall include as additional insureds the City of Hercules, and its respective directors, officers, employees, consultants and agents. Lessor’s additional insured status shall (A) be limited to bodily injury, property damage or personal and advertising injury caused, in whole or in part, by Lessee, Lessee’s employees, agents or independent contractors; and (B) not extend to claims for punitive or exemplary damages arising out of the acts or omissions of Lessor, Lessor’s employees, consultants, agents or independent contractors or where such coverage is prohibited by law or to claims arising out of the gross negligence of Lessor, its employees, consultants, agents or independent contractors. (ii) any insurance carried by Lessor shall be non-contributing.
Lessee shall also maintain standard form property insurance ("All Risk" coverage) equal to the full replacement cost covering all of Lessee’s improvement, alterations, equipment and other personal property of Lessee on or Lessee the Premises or the Property. Permission is granted to Lessee to self-insure required property insurance.
Lessor and Lessee hereby mutually release each other (and their successors or assigns) from liability and waive all right of recovery against the other for any loss or damage covered by their respective first party property insurance policies for all perils insured thereunder. In the event of such insured loss, neither party's insurance company shall have a subrogated claim against the other. To the extent loss or damage is not covered by their first party property insurance policies, Lessor and Lessee each agree to indemnify and hold harmless the other party from and against any and all claims, damages, cost and expenses, including reasonable attorney fees, to the extent caused by or arising out of (a) the negligent acts or omissions or willful misconduct in the operations or activities on the Property by the indemnifying party or the employees and/or agents of the indemnifying party, or (b) a breach of any obligation of the indemnifying party under this Lease. Notwithstanding the foregoing, this indemnification shall not extend to indirect, special, incidental or consequential damages, including, without limitation, loss of profits, income or business opportunities to the indemnified party or anyone claiming through the indemnified party. The indemnifying party's obligations under this section are contingent upon (i) its receiving prompt written notice of any event giving rise to an obligation to indemnify the other party, and (ii) the indemnified party's granting to the indemnifying party in writing the right to control the defense and settlement of the same at the time of notice. Notwithstanding anything to the contrary in this Lease, the parties hereby confirm that the provisions of this section shall survive the expiration or termination of this Lease. Lessee shall not be responsible to Lessor for any claims, costs or damages (including, fines and penalties) attributable to any pre-existing violations of applicable codes, statutes or other regulations governing the Property, including the Premises.
Notices. All notices, requests and demands hereunder will be given by first class certified or registered mail, return receipt requested, or by a nationally recognized overnight courier, postage prepaid, to be effective when properly sent and received, refused or returned undelivered. Notices will be addressed to the parties as follows:
If to Lessee:
________________________________
____________________________
_______________________________
___________________________
________________________________
__________________________________
___________________________
_________________________
With a copy to the AT&T Legal Department:
If to Lessor:
City of Hercules
111 Civic Center Drive
Hercules, CA 94547
Send Rent payments to:
City of Hercules
111 Civic Center Drive
Hercules, CA 94547
The copy sent to Lessee’s Legal Department is an administrative step which alone does not constitute legal notice. Either party hereto may change the place for the giving of notice to it by thirty (30) days’ prior written notice to the other as provided herein.
Sale of Property.
Lessor shall not be prohibited from the selling, leasing or use of any of the Property except as provided below.
If Lessor, at any time during the Term of this Lease, decides to rezone or sell, subdivide or otherwise transfer all or any part of the Premises, or all or any part of the Property or surrounding property, to a purchaser other than Lessee, Lessor shall notify Lessee and such rezoning, sale, subdivision or transfer shall be subject to this Lease and Lessee’s rights hereunder. In the event of a change in ownership, transfer or sale of the Property, within ten (10) days of such transfer, Lessor shall send the documents listed below in this subsection (b) to Lessee. Until Lessee receives all such documents, Lessee shall not be responsible for failure to make Rent payments under this Lease and reserves the right to hold Rent payments due under this Lease.
Old deed to Property
New deed to Property
Bill of Sale or Transfer
Copy of current Tax Bill
New IRS Form W-9 & CA FTB Form 590
Completed and Signed AT&T Payment Direction Form
Full contact information for new Lessor including phone number(s) Lessor agrees not to sell, lease or use any areas of the Property or surrounding property for the installation, operation or maintenance of other wireless communications facilities if such installation, operation or maintenance would interfere with Lessee’s permitted use as determined by actual on-site radio propagation tests. If the radio frequency propagation tests demonstrate levels of interference that would effectively prohibit Lessee’s use, the parties will cooperatively work to find a solution and if none is found, Lessor shall not sell or lease the Property as intended.
The provisions of this Section shall in no way limit or impair the obligations or rights of Lessor under this Lease, including Interference and access obligations.
Successors and Assigns. This Lease shall be binding upon and inure to the benefit of the parties, their respective successors, personal representatives and assigns.
Approvals. Lessor agrees that Lessee's ability to use the Premises and Property is contingent upon the suitability of the Premises, and Lessee's ability to obtain and maintain all governmental licenses, permits, approvals or other relief required of or deemed necessary or appropriate by Lessee for its use, including without limitation applications for zoning permits , zoning ordinances, amendments, special use permits, and construction permits (collectively, the "Government Approvals"). Lessor agrees to reasonably cooperate with Lessee to prepare, execute, and file all required applications to obtain Government Approvals for Lessee’s permitted use to the extent that such Lessor assistance is consistent with applicable law.
Miscellaneous.
Either party will, at any time upon twenty (20) business days prior written notice from the other, execute, acknowledge and deliver to the other a statement in writing (i) certifying that this Lease is unmodified and in full force and effect (or, if modified, stating the nature of such modification and certifying this Lease, as so modified, is in full force and effect); (ii) the date to which the Rent and other charges are paid in advance, if any, and (iii) acknowledging that there are not, to such party’s knowledge, any uncured defaults on the part of the other party hereunder, or specifying such defaults if any are claimed.
Lessee agrees to comply with all federal, state and local laws, orders, rules and regulations (“Laws”) applicable to Lessee’s installation and operation of the COW on the Property. Lessor agrees to comply with all Laws relating to Lessor’s and use of the Property and any improvements on the Property.
This Lease constitutes the entire agreement and understanding of the parties, and supersedes all offers, negotiations and other agreements. 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 both parties.
This Lease shall be construed in accordance with the laws of the State of California.
If any term of this Lease is found to be void or invalid, such finding shall not affect the remaining terms of this Lease, which shall continue in full force and effect. The parties agree that if any provisions are deemed not enforceable, they shall be deemed modified to the extent necessary to make them enforceable. Any questions of particular interpretation shall not be interpreted against the draftsman, but rather in accordance with the plain language and fair meaning thereof. No provision of this Lease will be deemed waived by either party unless expressly waived in writing signed by the waiving party. No waiver shall be implied by any delay or any other act or omission of either party. No waiver by either party of any provision of this Lease shall be deemed a waiver of such provision with respect to any subsequent matter relating to such provision.
The persons who have executed this Lease represent and warrant that they are duly authorized to execute this Lease in their individual or representative capacity as indicated.
This Lease may be executed in any number of counterpart copies, each of which shall be deemed an original, but all of which together shall constitute a single instrument.
All Exhibits referred to herein and any Addenda hereto are deemed to be inseparable from this Lease and are incorporated herein for all purposes. The parties understand and acknowledge that Exhibit A (the legal description of the Property), Exhibit B (depiction of the Premises and COW located within the Property) and Exhibit C (Memorandum of Lease), may be attached to this Lease and the Memorandum of Lease (Exhibit C), in preliminary form. Accordingly, the parties agree that upon the preparation of final, more complete exhibits, Exhibits A, B and C, as the case may be, which may have been attached hereto in preliminary form, may be replaced by Lessee with such final, more complete exhibit(s). The terms of all Exhibits are incorporated herein for any purposes and this Lease shall not be effective until all said exhibits are attached in final form.
The venue for any mediation or litigation between Lessor and Lessee in connection with this Lease shall be Contra Costa County, California.
IN WITNESS WHEREOF, the parties have caused this Lease to be effective as of the last date written below.
LESSOR:
City of Hercules,
a municipal corporation
By:
Printed Name:
Title:
Date: , 2023
LESSEE:
New Cingular Wireless PCS, LLC,
a Delaware limited liability company
By: AT&T Mobility Corporation
Its: Manager
By:
Printed Name:
Title:
Date: , 2023
[ACKNOWLEDGMENTS APPEAR ON FOLLOWING TWO (2) PAGES]
LESSOR ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of _________________________________)
On ________________________________ before me, _______________________________________, (insert name and title of the officer)
personally appeared __________________________________________________________________, who 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.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature __________________________________ (Seal)
LESSEE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of _________________________________)
On ________________________________ before me, _______________________________________, (insert name and title of the officer)
personally appeared __________________________________________________________________, who 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.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature __________________________________ (Seal)
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
The Property is legally described as follows:
The land referred to herein is situated in the State of California, County of Contra Costa, City of Hercules, and is described as follows:
PARCEL A, AS SHOWN ON PARCEL MAP 191PM29 FILED NOVEMBER 9, 2004 IN BOOK 406 OF MAPS, PAGE 15, CONTRA COSTA COUNTY RECORDS.
EXHIBIT B
DEPICTION OF PREMISES AND COMMUNICATION FACILITY
The Premises and Wireless Communication Facility are generally depicted as follows:
[Plan Set Dated December 16, 2015, Prepared by Fullerton Engineering Design, and Consisting of Thirteen (13) Pages, Appears on Following Pages] However, it is expressly agreed and understood by and between the Lessor and Lessee that the exact and precise location of the LesseeLesseeeless Communication Facility are subject to review and approval by the planning and/or zoning Boards having jurisdiction over the "Premises".
Therefore, it is expressly agreed and understood by and between Lessor and Lessee that the precise location of the Premises as shown on Exhibit B may be modified by LesseeLesseeder to comply with and obtain necessary planning and/or zoning approvals, and any and all other approvals necessary for Lessee's intLesseeuse of the Property. The Premises as described herein may therefore be modified by the Lessee to reflect Lesseenal engineering design. An amended Exhibit B (if necessary) will be provided by the Lessee and attached to tLesseese in place of the existing Exhibit B, a copy of which will be provided to LessorLessoriew prior to being incorporated into the Lease.
EXHIBIT C
MEMORANDUM OF LEASE
[Appears on Following Pages]
MEMORANDUM OF LEASE
Recording Requested By
& When Recorded Return To:
APN:
(Space Above This Line For Recorder’s Use Only)
Cell Site No.:
Search Ring Name:
Cell Site Name:
Fixed Asset No.:
State: California
County: Contra Costa
MEMORANDUM
OF
LEASE
This Memorandum of Lease is entered into on this ____ day of _______________, 2023, by and between the City of Hercules, a municipal corporation ("Lessor"), having a mailing address of 111 Civic Center Drive, Hercules, CA 94547, and_______________________, LLC, a_______________ limited liability company ("Lessee"), having a mailing address of______________________________________________________.
1. Lessor and Lessee entered into a certain Amended and Restated Site Lease dated as of _______________, 2023 (“Lease”), for the purpose of installing, operating and maintaining a communications facility and other improvements. All of the foregoing is set forth in the Lease.
2. The initial lease term will be 24 Months or when an appropriate permeant facility is available to move into.
3. The portion (“Premises”) of the land (“Property”) being leased to Lessee and associated easements are described in Exhibit 1 annexed hereto.
4. This Memorandum of Lease is not intended to amend or modify, and shall not be deemed or construed as amending or modifying, any of the terms, conditions or provisions of the Lease, all of which are hereby ratified and affirmed. In the event of a conflict between the provisions of this Memorandum of Lease and the provisions of the Lease, the provisions of the Lease shall control. The Lease shall be binding upon and inure to the benefit of the parties and their respective heirs, successors, and assigns, subject to the provisions of the Lease.
IN WITNESS WHEREOF, the parties have executed this Memorandum of Lease as of the day and year first above written.
LESSOR:
City of Hercules,
a municipal corporation
By:
Printed Name:
Title:
Date: , 2023
LESSEE:
______________________________
________________________________________
By: AT&T Mobility Corporation
Its: Manager
By:
Printed Name:
Title:
Date: , 2023
[ACKNOWLEDGMENTS APPEAR ON FOLLOWING TWO (2) PAGES]
LESSOR ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of _________________________________)
On ________________________________ before me, ____________________________________________, (insert name and title of the officer)
personally appeared _______________________________________________________________________, who 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.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature __________________________________ (Seal)
LESSEE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of _________________________________)
On ________________________________ before me, ____________________________________________, (insert name and title of the officer)
personally appeared _______________________________________________________________________, who 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.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature __________________________________ (Seal) EXHIBIT 1
LEGAL DESCRIPTION OF PROPERTY & DEPICTION OF PREMISES
The Property is legally described as follows:
The Premises is generally depicted as follows:
[One (1) Page Depiction of the Premises Suitable for Recording in Contra Costa County Appears on Following Page]
14