RESOLUTION NO. 26-28
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, REVISING THE STANDARD LEASING STRUCTURE AND RATES FOR NEW OR EXTENDED WIRELESS TELECOMMUNICATIONS FACILITY LEASES ON CITY-OWNED PROPERTY, REPEALING ANY PRIOR CITY COUNCIL ACTIONS OR RESOLUTIONS CONFLICTING WITH THE NEW LEASE RATES AND METHODOLOGY ESTABLISHED HEREIN, AND AUTHORIZING THE CITY MANAGER TO EXECUTE LEASES AND AMENDMENTS THAT ARE CONISTENT WITH THE STANDARD LEASE STRUCTURE AND RATE AND INITIATE AN AMENDMENT TO CITY POLICY 901-1 TO FORMALIZE THE SAME WHEREAS, the City has identified a need to simplify and streamline the leasing process for telecommunications sites; and WHEREAS, the City Council desires for lease rates to be competitive in the market and also to be established in a manner that is clear and consistent for all companies desiring to do business with the City; and WHEREAS, on February 17, 2026, the City Council held a duly noticed public hearing and heard all those wishing to be heard regarding the proposed lease rates and methodology for wireless telecommunications facility leases.
NOW, THEREFORE, the City Council of the City of San Clemente does hereby find, determine and resolve as follows:
SECTION 1. The City’s existing rate schedule entitled “Telecommunications Facilities: Equipment Fee Schedule”, attached as Attachment 2 to the City Council Agenda Report entitled “Public Hearing to Consider a Resolution to Establish an Updated Lease Process and Methodology Related to Wireless Communications Facilities on City Owned Property,” dated February 17, 2026, is hereby repealed. Any and all prior City Council actions or resolutions in conflict with this resolution are hereby repealed to the extent such conflict exists.
SECTION 2. The rate schedule provided as “City of San Clemente Leases for Macro Telecommunications Facilities”, attached hereto as Exhibit A and incorporated fully herein by this reference, is hereby adopted.
SECTION 3. The lease template provided in Exhibit B to this resolution shall be the Standard Wireless Telecommunications Facility Lease Template. If prospective Lessees desire to submit requested modifications to the template, they shall first submit funds for a deposit account of not less than $5,000 to reimburse City staff and City Attorney time in review of such proposed modifications. The City Manager (or designee) may require a larger deposit as necessary to ensure full City reimbursement for time in review of such proposed modifications.
SECTION 4. The City Manager is hereby authorized to execute future leases, using the Standard Wireless Telecommunications Facility Lease Template and the standardized lease structure and methodology adopted herein, provided that they are consistent with any and all applicable Zoning Permits (e.g., Conditional Use Permit or City Antenna Permit). Leases not in a form substantially similar to the Standard Wireless Telecommunications Facility Lease Template approved by this resolution shall require City Council approval.
SECTION 5. The City Manager is hereby directed to initate an amendment to City Policy 901-1 (“Property Management Policies and Procedures for Lease and Sale of City-owned Property”) to allow the City Manager to execute leases consistent with an adopted rate schedule and City Council approved template.
SECTION 6. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
PASSED AND ADOPTED this _____ day of ____________________, _______.
ATTEST:
___________________________ __________________________
City Clerk of the City of Rick Loeffler, Mayor of the City of San Clemente, California San Clemente, California
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §
CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 26-28 was adopted at a regular meeting of the City Council of the City of San Clemente held on the _______ day of _______________________, _________, by the following vote:
AYES:
NOES:
ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this _____ day of _________________, ________. __________________________
CITY CLERK of the City of
San Clemente, California
Approved as to form:
____________________________
Elizabeth A. Mitchell, City Attorney
Exhibit A:
City of San Clemente Leases for Macro Telecommunications Facilities January, 2026
January, 2027*
Macrocell
$5000/month
$5150/month
Minicell
$4000/month
$4120/month
Microcell
$3000/month
$3090/month
*3% annual escalator for all future years beginning January 1, 2027 The following definitions are used by the DGS and will also apply to leases in San Clemente:
Macrocell: Facility with 9 or more antennas and/or fenced area with equipment building or concrete pad space and space required for the foundation of the monopole or tower, when combined exceeds 500 square feet, not to exceed 16 antennas or 2,500 square feet.
Minicell: Facility with 4 to 8 antennas and/or fenced area containing equipment building or concrete pad space and space required for the foundation of the monopole or tower, when combined is in excess of 300 square feet but less than 500 square feet.
Microcell: Facility with 1 to 3 antennas and/or fenced area with equipment building or concrete pad space and space required for the foundation of the monopole or tower, when combined is less than 300 square feet.
Exhibit B:
CITY OF SAN CLEMENTE TELECOMMUNICATIONS SITE FACILITY LEASE This Telecommunications Site Facility Lease (the “Lease”) is made and entered into this day of , 2026 by and between the CITY OF SAN CLEMENTE, a California Municipal Corporation, (herein “LESSOR”), and [ENTITY, a California limited partnership (or LLC, etc), DBA [if applicable] (herein “LESSEE”) (hereinafter collectively referred to as “Parties” or individually as the “Party”).
RECITALS
WHEREAS, LESSOR owns the Property located at [Address] and within Assessor’s Parcel Number (APN) xxx-xxx-xx, commonly known as the [Site Name] (“Property”) in fee simple; and WHEREAS, LESSEE wishes to operate a telecommunications facility consisting of (i) approximately ## square feet of ground space for an equipment enclosure, together with (ii)## antennas and related equipment installed on a ## -foot tall monopole (“Monopole”), collectively referred to hereafter as the “Facility” on a portion of the aforementioned Property; and WHEREAS, LESSEE has received pertinent zoning approvals for a facility at this location through the approval of [Insert Conditional Use Permit or City Antenna Permit reference number] by [Resolution Number] of the [Approval Body] on [date]; and WHEREAS, the LESSEE has assigned the following site identification number and or name for purposes of their property management: [Enter Lessee Site ID]; and WHEREAS, LESSEE wishes to lease the Premises, as defined below, from said LESSOR on the terms and conditions herein for the transmission of and for provision of wireless telecommunications services; and NOW THEREFORE, in consideration of the foregoing recitals and the mutual covenants, conditions, and agreements contained herein, the receipt and sufficiency of which is hereby acknowledged, the Parties to this Lease do hereby agree as follows:
DEMISE AND DESCRIPTION:
PREMISES: LESSOR agrees to lease a portion of that certain Property described above as more specifically described in Exhibit "A", which is attached hereto, incorporated by reference fully herein and hereinafter referred to as the "Premises". Access to the Premises from a public right of way shall be provided by the LESSOR as reflected on Exhibit "B", which is attached hereto and incorporated by reference fully herein. LESSOR shall provide LESSEE, LESSEE'S employees, agents, and subcontractors access over the Property to the Premises twenty-four (24) hours a day, seven (7) days a week without notice to LESSOR, at no charge to LESSEE. The Premises and access over the Property are provided in an "AS IS, WHERE IS" condition.
DESCRIPTION: The Facility originally contemplated under this Lease and as described in the Recitals above meets the criteria of a [Facility Classification] as defined in Section 1.4 below. The Premises may be used by LESSEE for the purpose of installing, operating and maintaining the Facility for any lawful activity in connection with the provision of mobile/wireless telecommunications services, including without limitation, cellular communications facilities including the upgrade, repair or replacement of such equipment and facilities; and environmental and other testing.
FACILITY MODIFICATIONS: Alterations to the number of antennas that do not result in a change in Facility Classification (Section 1.4) and comply with any existing conditions of approval from applicable Zoning Permits shall be processed ministerially and not require an amendment to this Lease. Alterations resulting in a different facility classification shall require an amendment, to be approved by the City Manager; and if the alteration is not consistent with the Zoning Permit, the LESSEE shall first apply for and receive applicable Zoning Permit amendment approvals prior to seeking an amendment to this Lease.
FACILITY CLASSIFICATIONS: Wireless telecommunications facilities are classified as follows:
A. Macrocell: Facility with 9 or more antennas and/or fenced area with equipment building or concrete pad space and space required for the foundation of the monopole or tower, when combined exceeds 500 square feet, not to exceed 16 antennas or 2,500 square feet.
B. Minicell: Facility with 4 to 8 antennas and/or fenced area containing equipment building or concrete pad space and space required for the foundation of the monopole or tower, when combined is in excess of 300 square feet but less than 500 square feet.
C. Microcell: Facility with 1 to 3 antennas and/or fenced area with equipment building or concrete pad space and space required for the foundation of the monopole or tower, when combined is less than 300 square feet.
LEASE TERM:
INITIAL TERM: If the LESSEE has not already installed part of the Facility on the Property under a prior agreement with the LESSOR, the initial term of this Lease shall commence on the date listed below (the "Commencement Date"), which the Parties anticipate is either 60 days following full execution of this Lease or on the date of full execution of this Lease if the LESSEE has already installed part of the Facility on the Property, and shall continue for ten (10) years from that date ("Initial Term") unless terminated earlier pursuant to Section 5 below.
Commencement Date: [Insert after lease is fully executed] RENEWAL TERMS: LESSOR grants LESSEE an option to renew this Lease for an additional fifteen (15) years, with a renewal in three (3) five (5) year increments (each five (5) year increment, a "Renewal Term"), commencing upon expiration of the Initial Term, which shall continue for five (5) years from that date unless terminated earlier. Renewals shall occur automatically unless LESSEE provides written notice of nonrenewal to LESSOR no later than thirty (30) days prior to the expiration of the then current Lease Term. For the purpose of this Lease, the "then current Lease Term" shall mean either the Initial Term or the Renewal Term, whichever is in effect at the relevant time. The exercise of renewal terms shall not require an amendment to the Lease.
LEASE EXTENSIONS: At the conclusion of the Initial Term and any of the Renewal Terms, LESSOR may require LESSEE to apply for amendments to any Zoning Permits to ensure that the Facility is or becomes consistent with City policy documents related to best practices for stealth design for the Facility and/or site. This Zoning Amendment review shall occur prior to any further lease extension, including a Renewal Term, or new lease agreement for the site.
SUPERSEDES PRIOR LEASE OR AGREEMENT: (delete this section if not applicable) LESSOR and LESSEE acknowledge and agree that as of the Commencement Date, the previous agreement between the Parties entitled [Mobile/Wireless Communications Antenna Site Ground Lease] dated [DATE], referenced by LESSEE as [Ref#] and any amendments, related easements, Memorandum of Lease or other documents (collectively, the "Terminated Agreement") shall terminate and be of no further force and effect. This Lease supersedes and replaces the Terminated Agreement. LESSOR and LESSEE acknowledge that notwithstanding the termination of the Terminated Agreement and the commencement of this Lease, LESSEE may continue to make, and LESSOR may continue to receive, rental and other payments. In such event, any rental or other payments made pursuant to the Terminated Agreement after its termination shall be applied and credited against any rentals or other payments due under this Lease. Provisions of the Terminated Agreement that survive termination, like indemnity provisions, shall remain in full force and effect.
PAYMENT OF RENT: LESSEE agrees to pay to LESSOR, as rental for said Premises, each month in advance, on the first of each month during the term of this Lease payable to the City of San Clemente, 910 Calle Negocio, San Clemente, CA 92673, Attn: Accounts Receivable, Accounting Division, the amount described below. In addition, LESSEE agrees to do and perform all other covenants and agreements contained in this Lease.
BASE RENTAL PAYMENT: The Base Rental Payment under this Lease shall be consistent with the rate applicable for a [Identify: microcell/minicell/microcell] facility as identified on Exhibit C hereto, which is fully incorporated herein by this reference. If the Commencement Date is a date other than the first day of a month, the Base Rental Payment for the first calendar month shall be prorated on the basis of the number of actual days in such partial month.
ANNUAL RENTAL INCREASES: Commencing on January 1 after the Commencement Date and on each annual anniversary thereafter, the Base Rental Payment shall be increased automatically by an amount equal to three percent (3%) of the Base Rental Payment in effect during the immediately preceding year. Each new rental amount shall also be referred to as the "Base Rental Payment." LATE CHARGE: LESSEE acknowledges that late payment by LESSEE to LESSOR of the Base Rental Payment will cause LESSOR to incur costs not contemplated by this Lease, the exact amount of such costs being extremely difficult and impracticable to fix. Such costs include, without limitation, processing and accounting charges. Therefore, if any installment of the Base Rental Payment due from LESSEE is not received by LESSOR within ten (10) days after the same becomes due, LESSEE shall pay to LESSOR an additional sum of five percent (5%) of the overdue Base Rental Payment as a late charge. The Parties agree that this late charge represents a fair and reasonable estimate of the costs that LESSOR will incur by reason of a late payment by LESSEE. Acceptance of any late charge shall not constitute a waiver of any right of termination as contained in Section 6 below with respect to the overdue amount, or prevent LESSOR from exercising any of the other rights and remedies available to LESSOR.
LESSEE'S OBLIGATION: LESSEE recognizes and understands that this Lease may create a possessory interest subject to property taxation and that LESSEE may be subject to the payment of property taxes levied on such interest. LESSEE shall pay all property taxes and assessments directly attributable to LESSEE's possessory interest.
CONSTRUCTION OF IMPROVEMENTS:
LESSEE'S CONSTRUCTION: The purpose of this Lease is to provide LESSEE a site for the placement and use of the Facility, and for no other use whatsoever. LESSEE shall have the right, during the Lease term, to develop, construct, alter, remove, repair, operate, demolish, restore and remodel the following improvements on the Premises and be allowed to operate the Facility as follows:
The Facility described in the Recitals together with any modifications that do not result in a different facility classification as described in Sections 1.3 and 1.4 above.
Site Equipment: LESSEE shall provide all site equipment required for the installation and operation of the Facility ("Site Equipment"). The Site Equipment is and shall remain the sole property of LESSEE, shall not be deemed fixtures, and may be removed from the Premises by LESSEE at any time.
Access to Site: LESSEE's employees, agents and subcontractors shall have access over the Property to the Premises twenty-four (24) hours a day, seven (7) days a week without notice to LESSOR or charge to LESSEE, which such access is reflected on Exhibit B.
Construction of Improvements: All improvements made to the Premises by LESSEE shall be developed, constructed, altered, restored, and/or remodeled in a good and workmanlike manner, at LESSEE's expense, in accordance with the requirements of all laws, ordinances, and regulations applicable thereto, including zoning requirements and building code requirements of the City of San Clemente (including compliance with the CUP process prescribed by the City of San Clemente Ordinance No. 1129, if applicable), the County of Orange, and any municipal, state, federal or other governmental agency having jurisdiction over the Premises or the Facility at the time the improvements are constructed. LESSOR agrees to cooperate with LESSEE and execute all documents reasonably required in connection with applying for any municipal permits, zoning variances, or conditional use permits in connection with the construction of the aforementioned improvements. It is understood and agreed that such cooperation and execution of documents shall not be implied to include any expenditures of funds on the part of LESSOR or any implied promise or warranty that such permits, discretionary, or otherwise, will be issued to LESSEE. Notwithstanding anything in this Lease to the contrary, prior to commencement of construction, LESSEE, at its expense, shall submit a location and installation plan to LESSOR for review and approval by LESSOR's Utilities Manager. If LESSOR's Utilities Manager (or his/her designee) does not respond in writing to LESSEE within twenty (20) days following LESSEE's request for approval, such request will be deemed to have been approved by LESSOR. Once commenced, any and all improvements to be made by LESSEE with respect to the installation of the Facility and the Premises shall be diligently pursued to completion in compliance with all applicable laws and regulations.
MECHANIC'S LIENS : LESSEE shall not suffer or permit to be enforced against the Premises, or any part thereof, and shall defend (with counsel acceptable to LESSOR), indemnify, and hold LESSOR harmless from any mechanic's, material suppliers', contractors', tax, or subcontractors' liens arising from any claim for damage, or growing out of the work of any construction, repair, restoration, replacement, or improvement made by or alleged to have been made by or on behalf of LESSEE with respect to the Premises. LESSEE shall pay or cause to be paid all of such liens, claims, or demands before any action is brought to enforce the same against the Premises. If LESSEE shall in good faith contest the validity of any such lien, claim, or demand, then LESSEE shall, at its expense, defend itself and LESSOR against same and shall pay and satisfy any settlement or adverse judgment that may be entered thereupon prior to the execution thereof. In the event of any such contest, LESSEE shall provide LESSOR with a security bond in a form and amount LESSOR deems sufficient in its reasonable discretion to allow the lien of record to be discharged as a matter of law.
CARE DURING CONSTRUCTION: LESSEE shall exercise great care during construction of the improvements. Any and all damage to improvements, including landscaping and vegetation located on or about the Property, shall be repaired and/or replaced with like size and type of plant materials. All applicable City standards and specifications shall be followed. LESSEE shall request and LESSOR shall reasonably approve all work prior to commencement.
TERMINATION:
LESSOR'S RIGHT TO TERMINATE: LESSOR may pursue any remedies available to it under applicable law, including, but not limited to, the right to terminate this Lease, upon the earliest of any of the following events:
LESSEE's failure to pay any Base Rent Payment within fifteen (15) days following notice of nonpayment; LESSEE's failure to comply with any term, covenant, or condition of this Lease after LESSEE has been given notice of the violation and has had thirty (30) days to cure same or, if such default is not curable within such thirty (30) day period, has not proceeded to commence such cure within such thirty (30) day period and diligently prosecutes the cure to completion; Interference by LESSEE's Site Equipment with other electrical or radio frequency equipment installed on or around the Property prior to the Commencement Date, which interference LESSEE does not commence curing within ten (10) days following notice thereof; Interference by LESSEE's Site Equipment with hydrological equipment installed on or around the Property prior to the Commencement Date, which interference LESSEE does not commence curing within ten (10) days following notice thereof. Likewise, LESSOR will not permit or suffer the installation of any future equipment which (i) results in technical interference problems with LESSEE'S then existing equipment or (ii) encroaches onto the Premises.
LESSEE'S RIGHT TO TERMINATE: LESSEE may terminate this Lease without further liability for any reason whatsoever upon ninety (90) days written notice to LESSOR. Upon termination, all prepaid Base Rent Payments will be retained by LESSOR unless such termination is due to LESSOR's failure of proper ownership or authority, or such termination is a result of LESSOR's default hereunder. In the event that LESSEE terminates the Lease prior to commencement of construction of the improvements, LESSEE's obligation to construct the improvements shall terminate without further liability.
OWNERSHIP OF IMPROVEMENTS UPON TERMINATION: Upon termination of this Lease for any reason whatsoever, LESSEE shall offer to transfer to LESSOR title to all real property improvements ("Retained Improvements") constructed by LESSEE (i.e., the Facility, but not the Site Equipment constructed upon the Premises) free, clear and unencumbered of any monetary encumbrance or other restriction or title exception of any kind or nature created by LESSEE other than as permitted by LESSOR in writing. If LESSOR declines the offer of transfer, LESSEE shall return the Premises to its original condition and shall be responsible for obtaining any necessary permits required for the demolition and removal of the Facility. LESSOR acknowledges and agrees that it shall take possession of the Retained Improvements in their then "AS IS" condition, and that LESSEE makes no representation or warranty regarding their condition or fitness for any particular purpose and that LESSEE shall incur no further liability therefore.
INTERFERENCE:
LESSEE'S OBLIGATIONS: Prior to occupancy and operation of any portion of the Facility by LESSEE or its agents, assigns or other lessees within LESSOR's portion of the Premises, LESSEE agrees to:
Submit to LESSOR within 45 days prior to operation, proposed plans designating equipment locations on the Premises (including any building or enclosure, pole or tower, antenna type, size and locations and heights above ground on the pole or tower), along with operating frequencies, effective radiated power, and other necessary on-air technical data at LESSOR's reasonable discretion for LESSOR's review and approval, which approval shall not be unreasonably withheld, conditioned or delayed.
Install or cause to be installed, all equipment according to generally accepted standard engineering practices used in the communication industry, in a good and workmanlike manner and in compliance with all applicable law and regulations.
The Site Equipment and the use thereof shall not interfere with the use of any other communication or similar equipment of any kind and nature owned or operated by LESSOR or other occupants of the Property existing as of the Commencement Date, except as may be permitted by applicable laws. LESSEE shall use reasonable efforts to mitigate any interference from existing radio frequency equipment of LESSEE within ten (10) days of written notification of interference.
LESSOR'S OBLIGATION: LESSOR shall include in all leases between LESSOR and future lessees on the Property a covenant that the lessee shall not interfere with other electrical or radio frequency equipment previously installed on or around the Property and that if the lessee is not able to mitigate the interference, the lease shall provide for termination thereof. Likewise, LESSOR will not permit or suffer the installation of any future equipment which (i) results in technical interference problems with LESSEE's then existing Site Equipment or (ii) encroaches onto the Premises.
NON-INTERFERENCE: The Site Equipment and the use thereof shall not interfere with the use of any other communication or similar equipment of any kind and nature owned or operated by LESSOR or other occupants of the Property existing as of the Commencement Date, except as may be permitted by applicable laws; provided, however that subsequent to the installation by LESSEE of the Facility, LESSOR agrees not to install and to exercise commercially reasonable efforts to not allow installation of new equipment on the Property if such equipment causes interference with LESSEE's operations.
CO-LOCATION:
RIGHT TO LEASE TO THIRD PARTY: LESSOR, in LESSOR'S sole and absolute discretion and in compliance with the terms of this Lease, may elect to enter into a similar lease with another carrier ("Potential Carrier") to place an antenna and/or necessary improvements on the Property. LESSEE hereby agrees that LESSOR may elect to place any such antenna upon a second pole located upon the Property constructed by the Potential Carrier pursuant to the terms of this Section 8.
CO-LOCATION AGREEMENT: LESSEE may enter into a separate written sublease and co-location agreement ("Co-location Agreement") with any Potential Carrier on LESSEE's Facility, subject to the reasonable approval of the City Manager of the City of San Clemente or his/her designee. The Co-location Agreement shall also set forth the maintenance, utility, indemnification and other obligations of the parties as to the Pole and shall provide that LESSEE shall have the right to charge such Potential Carrier rent, as well as recover from any Potential Carrier the Potential Carrier's pro rata share of the cost of the antenna structure construction. The Co-location must comply with the terms of Facility Modifications in Section 1.3 of this Lease.
RELEASE OF LESSOR: LESSEE hereby releases LESSOR, its officers, agents, and employees from any responsibility or liability occurring by reason of or arising out of interference with LESSEE's communication configurations, equipment and/or frequency caused by the location of any Potential Carrier upon the Pole, the Facility, the Premises, or the Property in conformity with the provisions of this Lease, or by pre-existing communications operating upon the commencement of this Lease.
REPAIRS AND MAINTENANCE:
NO OBLIGATION OF LESSOR: LESSEE agrees that LESSOR shall be under no obligation to repair, rebuild or replace the Premises or the Right- of-Way area or any improvements located thereon during the term of this Lease, except LESSOR may be liable to LESSEE for any damage to the Facility or Site Equipment arising out of the active negligence or willful misconduct of LESSOR or its agents.
LESSEE'S OBLIGATION: Notwithstanding the provisions of Section 5.1 above, LESSEE shall, at LESSEE's sole expense and cost, keep and maintain that portion of the Premises and improvements located thereon, and any and all facilities appurtenant under LESSEE's control thereto, including any landscaping, in a good and safe order and repair and in a clean and orderly condition, reasonable wear and tear excepted. Not by way of limitation of the foregoing, LESSEE shall remove any accumulation of trash, weeds, debris, and graffiti on the Premises within seventy-two (72) hours of receipt of notice of the same. LESSEE shall make any and all additions, alterations, repairs or improvements in and about the Premises that may be required by law, and shall otherwise observe and comply with all public laws, ordinances and regulations that are from time to time made applicable to the Premises. LESSEE shall indemnify, defend (with counsel acceptable to LESSOR) and hold LESSOR harmless from and against all actions, claims, liabilities, damages, costs (including without limitation, reasonable attorney's fees) and expenses incurred by LESSOR to the extent resulting by reason of LESSEE's failure to comply with or perform the provisions of this Lease or its acts on the Property. LESSEE is aware of and waives the provisions of California Civil Code Sections 1941 and 1942 with respect to any obligation LESSOR may have during the term of this Lease regarding the tenantability of the Premises and LESSEE's right to make repairs and deduct the expenses of such repairs from Base Rent Payments.
LESSEE'S CONTRACTOR: LESSEE shall be responsible for any and all damage to City equipment or property to the extent caused by LESSEE or LESSEE's contractors and shall be responsible for the repair of any such damage to the extent caused by their act hereunder. LESSEE shall be responsible for the replacement of all plant materials damaged by LESSEE or LESSEE's contractors during the construction of the Facility or any other actions taken on the Property or Premises, including trees, shrubs, ground cover, mulch, pebble bark and similar materials. The full cost of such replacement, including the cost of labor shall be borne by LESSEE.
UTILITIES AND PROVISION OF SERVICE: LESSEE shall determine the availability of and shall, at its sole cost and expense, cause to be installed in, on, and about the Premises all facilities necessary to supply thereto all water, sewage, gas, electricity, telephone, and other similar services required to service the Premises. LESSOR shall allow LESSEE to have its own electrical metering equipment installed. LESSEE shall obtain all necessary approvals for the installation of the meter. An electrical plan shall be submitted to the LESSOR and approved prior to commencement of such work, such approval not to be unreasonably withheld, conditioned or delayed. LESSOR agrees to cooperate with LESSEE in its efforts to obtain such utility service. During the Lease term, LESSEE agrees to pay when due all charges for water, sewage, gas, electricity, and all other utility services of every kind and nature supplied to and used by LESSEE on the Premises. LESSOR shall be responsible for its own electrical and other utility service and for the regular payment of electrical and other utility charges attributable to the Facility other than the Premises.
DAMAGE OR DESTRUCTION OF IMPROVEMENTS TO PREMISES:
LESSOR'S OBLIGATION: LESSOR shall have no duty or obligation to rebuild the Facility or the improvements thereon if such Facility or improvements are substantially damaged during the Lease term, in whole or in part by any casualty. LESSOR will give LESSEE (a) notice of such casualty within thirty (30) days after the date of the casualty and (b) the right to terminate in sixty (60) days from said casualty date. In the event LESSOR chooses not to rebuild the Facility or improvements thereon, LESSEE shall be entitled to build a new equipment shelter and monopole for its own use on the leased Premises.
WAIVER OF CIVIL CODE SECTIONS: LESSEE is aware of and, by entering into this Lease, waives the provisions of Civil Code Sections 1932(2) and 1933(4) with respect to any damage or destruction of the Premises.
CONDEMNATION: In the event of condemnation of the Premises, unless LESSEE is allowed by the condemning authority to continue its operations on the Premises, this Lease shall terminate as of the date title to the Premises vests in the condemning authority or LESSEE is required to cease its operations, whichever is earlier. Notwithstanding the foregoing, if as a result of a condemnation of the Premises, LESSEE, in LESSEE's sole discretion, is unable to use the Premises for the purposes intended hereunder, or if such condemnation is expected to disrupt LESSEE's operations at the Premises for more than forty-five (45) days, LESSEE may, at LESSEE's option, terminate this Lease as of the date the condemning authority takes such possession. LESSEE shall be entitled to share in the proceeds of any condemnation, and LESSEE's share shall include the value of any improvements, which are transferred to the condemning authority, moving expenses, and prepaid rent and business dislocation expenses. LESSEE shall not be allowed to recover for the value of its leasehold interest.
ASSIGNMENT AND SUBLEASING:
ASSIGNMENT: LESSEE shall not voluntarily assign or transfer its interest under this Lease or in the Premises without first obtaining the prior written consent of LESSOR, which consent shall not be unreasonably withheld, delayed or conditioned. The transfer of the rights and obligations of LESSEE to a parent, subsidiary, or other affiliate of LESSEE, or to any successor in interest or entity acquiring fifty-one (51%) or more of LESSEE's membership interests or assets in the market as defined by the FCC in which the Property is located, shall not be deemed an assignment and LESSOR's consent shall not be required for such transfer. Any assignment without LESSOR's consent (when such consent is required) shall be voidable and, at LESSOR's election, shall constitute cause for exercise of LESSOR's remedies under applicable law, including termination of the Lease. No consent to any assignment shall constitute a further waiver of the provisions of this Section. Notwithstanding the foregoing, it is understood that LESSEE shall not be released from liability hereunder by virtue of any assignment. As a condition precedent to any such assignment that requires LESSOR's consent, LESSEE agrees to provide written notice to LESSOR of its intention to assign at least thirty (30) days before the proposed effective date of any such proposed assignment which notice shall include the identity of the proposed assignee, copies of the proposed assignment documentation and current financial statements of the proposed assignee. As a further condition precedent to any assignment, the assignee must assume, in writing, all of LESSEE's obligations under this Lease.
SUBLEASING: LESSEE shall not sublease any portion of the Premises except as expressly provided in Sections 8 and 12 of this Lease. LESSEE shall be permitted to sublease portions of the Premises to a wholly-owned subsidiary of LESSEE, provided LESSEE provides LESSOR with express written notice of such sublease.
RENEWAL/HOLDING OVER: Upon the expiration or within ninety (90) days following termination of this Lease, LESSEE shall surrender the Premises to LESSOR. If LESSEE shall remain in possession of the Premises after the expiration or termination of the Lease, with the consent of LESSOR, either express or implied, such holding over shall be construed to create a tenancy from month to month subject to all the covenants, conditions, and obligations hereof, and LESSEE hereby agrees to pay LESSOR, as monthly rental, an amount equal to one hundred twenty-five percent (125%) of the most recent monthly Base Rent Payment. Nothing above shall be construed to give LESSEE any rights to so hold over and to continue in possession of the Premises after the expiration of the Lease term without the express consent of LESSOR.
HAZARDOUS SUBSTANCES:
LESSEE shall not under any circumstances store or bring onto the Property any Hazardous Substances except as set forth in Section 14.8 below. For purposes of this Lease, the term "Hazardous Substances" means:
Any substance, products, waste, or other material of any nature whatsoever which is or becomes listed, regulated, or addressed pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 United States Code Section 9601 et seq.; the Resources Conservation and Recovery Act, 42 United States Code Section 6901 et seq.; the Hazardous Materials Transportation Conservation and Recovery Act, 42 United States Code Section 1801 et seq.; the Clean Water Act, 33 United States Code Section 1251 et seq.; the Toxic Substances Control Act, 15 United States Code Section 2601 et seq.; the California Hazardous Waste Control Act, Health and Safety Code Section 25100 et seq.; the Hazardous Substance Account Act, Health and Safety Code Section 25330 et seq.; the California Safe Drinking Water and Toxic Enforcement Act, Health and Safety Code Section 25249.5 et seq.; California Health and Safety Code Section 25280 et seq. (Underground Storage of Hazardous Substances); the California Hazardous Waste Management Act, Health and Safety Code Section 25170.1 et seq.; California Health and Safety Code Section 25501 et seq. (Hazardous Materials Release Response Plans and Inventory); or the California Porter-Cologne Water Quality Control Act, Water Code Section 13000 et seq., all as amended (the above cited statutes are hereinafter collectively referred to as the "Toxic Substances Laws"); or any other federal, state, or local statute, law, ordinance, resolution, code, rule, regulation, order or decree regulating, relating to, or imposing liability or standards of conduct concerning any Hazardous Substance, now or at any time hereinafter in effect; Any substance, product, waste or other material of any nature whatsoever that may give rise to liability under any of the above statutes or under any statutory or common law theory based on negligence, trespass, intentional tort, nuisance or strict liability or under any reported decisions of a state or federal court; Petroleum fuel or crude oil, other than petroleum and petroleum products which are contained within regularly operated motor vehicles; and Asbestos.
Except as otherwise specifically permitted under the terms of the Lease, LESSEE shall not use, create, generate, store, deposit, dispose of or allow any Hazardous Substances on, under, about or within the Property or the Premises in violation of any federal, state, or local law, rule, regulation, order, decree or other Lease requirement. Storage batteries for emergency power, fuel for the generator, and ordinary paints, solvents and similar substances commonly used in small quantities and necessary for maintenance of the LESSEE's Facilities are excepted from the preceding prohibition of use by LESSEE of Hazardous Substances on the Premises, so long as LESSEE complies with all applicable federal, state and local laws, rules and regulations governing the storage and use of such items ("Excepted Materials"). All Excepted Materials stored on the Property shall be stored in a lockable and weather resistant storage cabinet with leak containment in accordance with industry standards. LESSEE shall develop and maintain all required hazardous material compliance documentation related to the site as mandated by federal, state, or local law, rule, regulation, order, decree or other requirements.
No permanent underground or above ground storage tanks shall be installed on the Premises. LESSOR or its officers, employees, contractors, or agents shall at all times have the right to go upon and inspect the Premises and the operations conducted thereon to assure compliance with the requirements herein stated. This inspection may include taking samples for chemical analysis of substances and materials present and/or testing soils on Property and taking photographs. In addition, a representative of LESSEE's shall be available for all requested site inspections initiated by the County or LESSOR staff. LESSOR shall provide at least two (2) working days of advance notice for such inspections that are not emergency in nature.
LESSEE shall, within twenty-four (24) hours of the discovery by LESSEE of the presence of, or believed presence of, a Hazardous Substance as defined herein not in compliance with Toxic Substance Laws caused by LESSEE, give written notice to Lessor in the event that LESSEE knows or has reasonable cause to believe that any release of Hazardous Substance caused by LESSEE has come or will come to be located on, under, about or within the Property or Premises. The failure to disclose in a timely manner the release of a Hazardous Substance, including but not limited to, an amount which is required to be reported to a state or local agency pursuant to law (e.g., California's Hazardous Materials Storage and Emergency Response Act, Health and Safety Code Section 25550 et seq.) shall be grounds for termination of the Lease by Lessor in addition to actual damages and other remedies provided by law. LESSEE shall immediately clean up and completely remove all Hazardous Substances placed by LESSEE on, under, about or within the Property or Premises, in a manner that is in all respects safe and in accordance with all applicable laws, rules and regulations.
In the event Hazardous Substances are discovered by LESSEE, LESSEE shall, within twenty-four (24) hours of discovery, disclose to Lessor the specific information regarding LESSEE's discovery of any Hazardous Substances placed on, under, about or within the Property by LESSEE, and provide written documentation of its safe and legal disposal, if LESSEE disposes such.
Breach of any of these covenants, terms, and conditions, and LESSEE's failure to cure within thirty (30) days of LESSEE's receipt of written notice from Lessor, shall give Lessor the authority to either immediately terminate the Lease or to shut down LESSEE's operations thereon, at the sole discretion of Lessor. In either case, LESSEE will continue to be liable under the Lease to remove, mitigate all Hazardous Substances placed by LESSEE on, under, about or within the Premises and indemnify, defend and hold harm the Lessor with respect thereto. LESSEE shall be responsible for, and bear the entire cost of removal and disposal of, all Hazardous Substances introduced to Premises by LESSEE during LESSEE's period of use and possession of Premises. Upon termination of the Lease, LESSEE shall, in accordance with all laws, remove from the Premises any equipment or improvements placed on Premises by LESSEE that may be contaminated by Hazardous Substances.
LESSEE shall defend (with counsel acceptable to LESSOR), indemnify and hold Lessor and its officials, officers, employees, contractors and agents free and harmless from any and all claims, liability, injury, damage, costs, fines, or expenses (including, without limitation, the cost of attorney's fees) arising as a result of the presence or use of any Hazardous Substances placed or caused to be placed by LESSEE or its partners, affiliates, agents, officials, officers, contractors, representatives or employees on the Premises or the Property. LESSOR shall defend, indemnify and hold LESSEE and its officers, employees, contractors and agents free and harmless from any and all claims, liability, injury, damage, costs, fines, or expenses (including, without limitation, the cost of attorney's fees) arising as a result of the presence of use of any Hazardous Substances placed or caused to be placed by Lessor or its agents, officials, officers, contractors or employees on the Property. The foregoing indemnity is intended to operate as an agreement pursuant to, among other requirements, Section 107, subdivision (e) of CERCLA, 42 United States Code Section 9607, subdivision (e), and California Health and Safety Code Section 25364, to insure, protect, hold harmless and indemnify each party from any liability created by the other party pursuant to such sections.
Notwithstanding the requirements of Section 14.1 and 14.2 above, the LESSEE discloses that LESSEE may operate a diesel generator and storing diesel fuel on the Premises. LESSOR acknowledges and agrees to allow the use and storage of diesel fuel on the Premises, subject to the following terms:
LESSEE shall use or store diesel fuel on the Premises in a manner that complies with all applicable statutes, laws, ordinances, rules, and regulations now or hereafter mandated by any federal, state, or local governmental authority; LESSEE shall report and remediate any spill of diesel fuel in accordance with all existing and future federal, state and local laws, and shall promptly notice Licensor of the same; LESSEE shall affirmatively remove all diesel fuel and its residues from the Premises upon expiration or termination of the Lease or LESSEE's removal of the generator, whichever is earlier; If LESSEE fails to promptly take any of the actions required by paragraphs b and c above, LESSOR shall have the option, but not the duty, on at least five (5) days' prior written notice to LESSEE, to undertake such actions on LESSEE's behalf, at LESSEE's sole expense, and LESSEE shall promptly reimburse LESSOR for the costs thereof within ten (10) days of demand; and LESSEE indemnify, defend (with counsel reasonably acceptable to LESSOR), and hold LESSOR and its officials, officers, employees, representatives and agents harmless from and against any and all liability, fines, regulatory proceedings, actions, claims, damages, losses, expenses and costs (including attorney fees) arising out of, related to or in connection with LESSEE's use or storage of diesel fuel on the Premises.
Upon the execution and effectiveness of this Lease, and until sixty (60) days following the removal of all diesel fuel and its residues from the Premises, in addition to other performance guarantees, LESSEE shall have sixty (60) calendar days to provide a faithful performance bond, in a form acceptable to the LESSOR, in an amount not less than fifty thousand dollars ($50,000) to guarantee LESSEE's performance under section 4.2 above.
MUTUAL WAIVER OF DAMAGES AND INDEMNIFICATION:
Except as provided below, neither Party will be liable to the other, or any of their respective agents, representatives, employees for any lost revenue, lost profits, loss of technology, rights or services, incidental, punitive, indirect, special or consequential damages, loss of data, or interruption or loss of use of service, even if advised of the possibility of such damages, whether under theory of contract, tort (including negligence), strict liability or otherwise.
With respect to third-party claims, LESSEE shall and indemnify, defend (with counsel acceptable to LESSOR), and hold harmless LESSOR and its officers, officials, employees, representatives, and agents, and each of them, from and against any and all claims, actions, damages, liabilities, proceedings, costs and expenses (including without limitation reasonable attorneys' fees) (collectively, "Claims") to the extent related to or arising from or out of any claim or action filed against LESSOR as a result of the Facility, LESSEE's use of the Premises or Property or use of the Site Equipment on the Premises, except to the extent such claim or action is due, in whole or in part to the negligence or willful misconduct to LESSOR, in which case, LESSEE's indemnification obligation shall be proportionately reduced in direct proportion to the extent LESSOR's negligence or willful misconduct resulted in the claims, actions, damages, liabilities and expenses.
With respect to third-party claims, LESSOR shall and indemnify, defend (with counsel acceptable to LESSEE), and hold harmless LESSEE and its officers, officials, directors, shareholders, employees, and agents, and each of them, from and against any and all Claims to the extent arising from or out of any claim or action filed against LESSEE as a result of LESSOR's operation of LESSOR's Property, except to the extent such claim or action is due, in whole or in part to the acts, omissions, negligence or illegal or willful misconduct of LESSEE, in which case, LESSOR's indemnification obligation shall be proportionately reduced in direct proportion to the extent LESSEE's acts or omissions resulted in the Claims.
Neither Party has any obligation to defend or indemnify the other unless the Party seeking defense and indemnity ("Indemnified Party") provides prompt written notice of any such claims to the Party from which defense and indemnity is sought under this Section 15 ("Indemnifying Party"). The Indemnifying Party also agrees and acknowledges that it shall not admit any liability, settle, compromise, pay or discharge any such claims without the advance written consent of the Indemnified Party and such consent will not be unreasonably withheld, conditioned or delayed.
INSURANCE:
LESSEE agrees, at its sole expense, and at all times during the term of this Lease, to maintain in full force, or cause to be maintained in full force, a policy of commercial general liability insurance, including bodily injury and property damage, with limits of One Million Dollars ($1,000,000) per occurrence for bodily injury (including death) and property damage, and Two Million Dollars ($2,000,000) general aggregate. Any deductible or self-insured retentions shall be the sole responsibility of LESSEE. Such policies shall insure against liability for injury to persons and/or property and death of any person or persons which may occur as a result of or in connection with the existence and/or operation of LESSEE'S equipment in, on or about the CITY'S property. Each such policy of insurance shall:
be issued by companies licensed, authorized or permitted to do business in the State of California that hold a current policy holder's alphabetic and financial size category rating of not less than A-VII, according to the current Best's Key Rating Guide. include as additional insureds CITY, CITY's officers and employees. A blanket additional insured endorsement shall accompany the insurance certificate. specify it acts as primary insurance and that no insurance held or owned by CITY (or, if applicable, the San Clemente Redevelopment Agency) shall be called upon to cover a loss under said policy; cover the operations of LESSEE pursuant to the terms of this Agreement; and be written on an occurrence and not a claims made basis.
Automobile Liability Insurance: LESSEE shall maintain Automobile Liability insurance covering bodily injury and property damage for all owned, hired, and non-owned vehicles used in connection with LESSEE’S operations under this Lease.
Coverage shall be written on ISO form CA 00 01 (or equivalent) with a limit of not less than $1,000,000 combined single limit per accident.
Workers’ Compensation and Employer’s Liability: LESSEE shall maintain Workers’ Compensation insurance as required by the laws of the State of California and Employer’s Liability insurance with limits of not less than:
$1,000,000 bodily injury by accident;
$1,000,000 bodily injury by disease – policy limit;
$1,000,000 bodily injury by disease – each employee.
Such policy shall include a waiver of subrogation in favor of CITY, its elected and appointed officials, officers, agents, employees, and volunteers.
Property Insurance (LESSEE’S Equipment): LESSEE shall maintain property insurance covering LESSEE’S towers, antennas, generators, cabinets, improvements, and all related equipment and personal property installed or maintained on CITY property pursuant to this Lease. Coverage shall be written on a special form (all risk) basis and shall be maintained at full replacement cost value.
Such policy shall include a waiver of subrogation in favor of CITY, its elected and appointed officials, officers, agents, employees, and volunteers.
CITY shall have no responsibility for loss of or damage to LESSEE’S property.
Additional Insured Status: CITY, its elected and appointed officials, officers, agents, employees, and volunteers shall be included as additional insureds under the Commercial General Liability and Automobile Liability policies with respect to liability arising out of LESSEE’S operations, activities, use, or occupancy of CITY property, including products and completed operations. Such status shall be provided by ISO endorsement CG 20 10 and CG 20 37 (or equivalent) or by blanket additional insured endorsement.
Primary and Noncontributory Coverage: LESSEE’S insurance shall be primary and noncontributory with respect to any insurance or self-insurance maintained by CITY. Any insurance or self-insurance maintained by CITY shall be excess of LESSEE’S insurance and shall not contribute with it.
Deductibles and Self-Insured Retentions: Any deductibles or self-insured retentions (“SIRs”) shall be declared to and approved by CITY. LESSEE shall be solely responsible for payment of any deductibles or SIRs. CITY may require LESSEE to provide financial documentation demonstrating the ability to satisfy any SIR.
Insurer Qualifications: All insurance shall be issued by insurers admitted to do business in the State of California and having a current A.M. Best rating of not less than A-VII, unless otherwise approved in writing by CITY.
Waiver of Subrogation: Where required above, LESSEE shall require its insurers to waive all rights of subrogation against CITY, its elected and appointed officials, officers, agents, employees, and volunteers for losses arising out of LESSEE’S use or occupancy of CITY property.
Evidence of Insurance: Prior to commencement of any installation, construction, or operation under this Lease, and annually thereafter upon renewal of coverage, LESSEE shall furnish CITY with certificates of insurance and applicable endorsements evidencing required coverage. Endorsements shall be attached to the certificate and shall not be provided by reference only.
Notice of Cancellation or Material Change: Each policy shall provide that coverage shall not be canceled, materially reduced, or non-renewed except after thirty (30) days’ prior written notice to CITY (ten (10) days for nonpayment of premium).
Occurrence Form: All required liability insurance shall be written on an occurrence basis and not on a claims-made basis.
Failure to Maintain Insurance: Failure to maintain required insurance shall constitute a material breach of this Lease and grounds for termination.
MISCELLANEOUS:
INSPECTION: LESSOR reserves the right for itself and its employees, agents, and representatives to enter upon the Premises at any reasonable time and after reasonable notice to LESSEE and in the presence of a LESSEE representative for the purpose of attending to LESSOR's obligations under this Lease, provided that LESSOR and its employees, agents, and representatives shall make best efforts not to disturb, disrupt, damage, move, alter, turn off, adjust or otherwise adversely affect LESSEE's operations or Site Equipment.
NO WAIVER: No covenant, term, or condition contained herein shall be deemed waived, except by written consent of the Party against whom the waiver is claimed. Any waiver or the breach of any covenant, term or condition shall not be deemed to be a waiver of any preceding or succeeding breach of the same or any other covenant, term, or condition. Acceptance by LESSOR of performance other than full performance by LESSEE after the time the performance shall have become due shall not constitute a waiver by LESSOR of the breach or default or default of any covenant, term, or condition unless otherwise expressly agreed to by LESSOR in writing.
INTERPRETATION: The Parties hereto agree that all provisions hereof are to be construed as both covenants and conditions as though the words imparting such covenants and conditions were used in each separate paragraph hereof. The captions of the articles and paragraphs of this Lease are for convenience only and shall not be deemed to be relevant in resolving any questions of interpretation or construction.
INTEGRATION AND GOVERNING LAW: This Lease represents the entire understanding of LESSOR and LESSEE as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered by this Lease. This Lease shall be governed by the laws of the State of California and construed as if drafted by both LESSOR and LESSEE. This Lease may not be modified, altered, or amended except in writing signed by both LESSOR and LESSEE.
LEASE BINDING ON HEIR AND ASSIGNS: Each of the terms, covenants, and conditions of this Lease shall extend to, be binding upon, and inure to the benefit of not only LESSOR and LESSEE, but each of their respective heirs, representatives, administrators and assigns. Whenever in this Lease reference is made to either LESSOR or LESSEE, the reference shall be deemed to include, whenever applicable, the heirs, legal representatives, and assigns of each of the parties, the same as if in every case expressed.
CORPORATE AUTHORITY: Each person executing this Lease on behalf of an entity represents and warrants that he or she is duly authorized to execute and deliver this Lease on behalf of said entity, in accordance with a duly adopted resolution or other action of the Party, that this Lease is binding upon said Party in accordance with its terms and that such person will defend and indemnify the other Party should such representation and warranty prove false.
NOTICES: Any written notices required pursuant to this Lease shall be made by certified or registered mail, return receipt requested, or reliable overnight courier and delivered to the following address:
To LESSOR: City of San Clemente
910 Calle Negocio
San Clemente, CA 92673 Attn: Finance
(949) 361-8200
With a Copy to: City of San Clemente
910 Calle Negocio
San Clemente, CA 92673
Attn: Accounting
(949) 361-8282
To LESSEE: [LESSEE]
[Address]
Attention: [Contact]
Site: [Site Name]
Notice shall be effective upon actual receipt or refusal as shown on the receipt obtained pursuant to the foregoing.
PROPERTY: LESSOR warrants that: (i) LESSOR owns the Property in fee simple and has rights of access thereto; (ii) LESSOR has full right to make this Lease; and (iii) LESSOR covenants and agrees with LESSEE that upon LESSEE paying the Base Rental Payment and observing and performing all the terms, covenants, and conditions on LESSEE's part to be observed and performed, LESSEE may peacefully and quietly enjoy the Premises, subject, nevertheless, to the terms and conditions of this Lease. LESSOR warrants that the making of this Lease and the performance thereof will not violate the provision of any mortgage, lease, or other agreements under which LESSOR is bound and which restricts the LESSOR in any way with respect to the use or disposition of the Property.
AMENDMENTS: The City Council assigns the City Manager signature authority to execute future Lease Amendments and extensions for periods not more than five (5) years each and provided that the City Manager shall not have the authority to approve a decrease in the rental rate without the prior approval of the City Council. Any such Amendment shall be consistent with Sections 1.3 and 2.3 of this Lease.
COUNTERPARTS/ELECTRONIC SIGNATURES: This Lease may be executed electronically and in any number of counterparts, which together shall constitute one agreement. A true and correct electronic copy of this Lease can be used for any purpose as one with an original ink signature. [SIGNATURES ON FOLLOWING PAGE]
IN WITNESS WHEREOF, the Parties hereto caused this Lease to be executed by their duly authorized officers.
CITY OF SAN CLEMENTE
Dated:
By: _
Andy Hall, City Manager
Dated: , 20
ATTEST:
TAX I.D. #: 95-6000775
CITY CLERK of the City of San Clemente, California
APPROVED AS TO FORM:
Elizabeth A. Mitchell, CITY ATTORNEY
LESSEE
[ENTITY, a California limited partnership (or LLC, etc), DBA [if applicable] By: [Signature Authority] Its: General Partner
By:_ Name:
Its:
Date:
EXHIBIT A TO LEASE TEMPLATE
DESCRIPTION OF PREMISES
The Property shall consist of all that real property situated in the City of San Clemente, County of Orange, State of California described as follows:
[Insert Address]
Also known as Assessor’s Parcel Number [xxx-xxx-xx]
[Insert Legal Description]
The Premises shall consist of that portion of the Property where the Facility is located and as depicted on the map attached as Exhibit “B” hereto and incorporated fully herein by this reference.
EXHIBIT B TO LEASE TEMPLATE
This page left blank intentionally.
Insert telecommunications project plans after this page, including site access.
EXHIBIT C
City of San Clemente Leases for Macro Telecommunications Facilities January, 2026
January, 2027*
Macrocell
$5000/month
$5150/month
Minicell
$4000/month
$4120/month
Microcell
$3000/month
$3090/month
*3% annual escalator for all future years beginning January 1 The following definitions are used by the CA DGS and will also apply to leases in San Clemente:
Macrocell: Facility with 9 or more antennas and/or fenced area with equipment building or concrete pad space and space required for the foundation of the monopole or tower, when combined exceeds 500 square feet, not to exceed 16 antennas or 2,500 square feet.
Minicell: Facility with 4 to 8 antennas and/or fenced area containing equipment building or concrete pad space and space required for the foundation of the monopole or tower, when combined is in excess of 300 square feet but less than 500 square feet.
Microcell: Facility with 1 to 3 antennas and/or fenced area with equipment building or concrete pad space and space required for the foundation of the monopole or tower, when combined is less than 300 square feet.
Resolution No. 26-28 Page 2
Attachment 1
Resolution No. 26-xx Page 2
Attachment 1