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HomeMy WebLinkAboutOrdinance 1871 N.C.S. 10/21/1991'1 2 4 5 6 7 R 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Q � I)ATE OF NOV 2 0 1991 ORDINANCE NO Introduced by Councilmember Jack Cavanagh 1871 N.C.S. Seconded by Councilmember Bonnie Nelson AN ORDINANCE OF THE COUNCIL OF THE CITY OF PETALUMA AUTHORIZING AN OPTION AND LEASE OF REAL PROPERTY LOCATED WITHIN THE CITY OF PETALUMA CAGAL CELLULAR COMMUNICATIONS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS: 28 Section 1. Certain real property located in the City of Petaluma, County of Sonoma, State of 29 California is hereby authorized to be leased under the terms and conditions set forth in the Option 30 and Site Lease Agreement by and between the City of Petaluma and Cagal Cellular Communications 31 Corp., which Option and Site Lease Agreement is attached hereto as Exhibit A and incorporated 32 herein by reference. The City Manager is hereby authorized to sign said ~Option and Site Lease 33 Agreement which is for use as a cellular communications facility located at the La Cresta water tank 34 35 36 37 38 39 40 41 42 43 m 45 46 47 48 49 facility site further described .in Exhibits A and B to the Option and Site Lease Agreement. Section 2. The City Clerk be, and she hereby is directed to publish this ordinance for the period and in the manner required by the City Charter. INTRODUCED and ordered posted/published this 7th day of October , 1991. ADOPTED this 21st day of October , 1991 by the following vote: AYES: Read, Davis, Cavanagh, Sobel, v ce nrt .. TAT-1 nrt—.. Trnc _ NOES: None ABSENT: Nelson iviay ui Ord. 1871 N.C.S. ATTES Clerk c:\word5\ord.doc 10/1/91 (fmk) APPROVED: City Attorney Ord. 1871 N.C.S. Cellular Communications 704-09 October 3, 1991 After -recording return to: Cagal Cellular 1750 Howe. Ave., Sacramento, CA ATTN: Director between CITY OF CAGAL CELLULAR ("TENANT). please. State: California System: Santa Rosa Communications Corp. Cell ID: SR-26 Ste. 300 5453-92-002 95825 West Petaluma of Operations MEMORANDUM OF LEASE OPTION PETALUMA-, a municipal corporation, ("LANDLORD") and COMMUNICATIONS CORP., a California corporation, For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Landlord 'grants to Tenant an option to lease (the "Option") a portion of the property (the "'Property") Legally described in Exhibit A attached hereto and incorporated herein by this reference. The portion of the Property (the "Premises") which is subject* to the Option is more particularly described and/or depicted in Exhibit B attached hereto and incorporated herein by this reference. 2. The Option is for a term of twelve (12) months and shall commence on the Z Z day of u.cTo(jot, 19%_ and shall terminate on the 1-\ day of of rogeg- , 19n�L 3. This Memorandum is prepared for,purposes of recordation only and does not set forth all the terms and conditions set forth in the Option Agreement. The Option Agreement and this Memorandum shall be construed to be but one agreement and in the event that there -is any conflict between the terms and conditions of the Option Agreement and this Memorandum, the Option Agreement shall control. Rev. 5/ 1 S/91 ORE) l8�l1 WIS DATED as of the date -first set forth above. LANDLORD: CITY OF PETALUMA, a municipal corporation Tax ID#.: 94-6Q00392 ' r4_t ezAt By: Jo L. Scharer Its: C ty Manager , Lt.—) . By: W. Patrick Miller Its: Director of Public Works APPROVED AS TO FORM: I SAJ k11 P/?l L By: David pilman Its: Finance Director APPROVED AS�O FORM: By: Michael Acorne Its: Director of Personnel APPROVE TO FORM: V- By: Richard Rudansky Its: City"Attorney By: Patricia .r ft, ff a Y CLERK Its: City Cler 'TENANT: CAGAL CELLULAR COMMUNICATIONS CORP. a California corporation By: McCaw Communications of Santa Rosa, Inc. a California corporation By: Michael D. Brink Its: Regional Site Development Manager (ADO 1911((Is State of California County of On , before me, , Notary _Public, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to that he executed the same in his authorized capacity, and that by his signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. ( SEAL) Notary Public My commission expires: State of California County of Sacramento On �C� Z i -, 4, before me, Penny Riggs, Notary Public, personallyy appeared Michael D. Brink, personally known to me (or proved to me on, the basis of satisfactory evidence) to be the person whose name is subscribed to the within in and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the person, or the entity upon .behalf of which the person acted, executed the instrument. WITNESS my hand and officia'l,seal. Notary Publ,. My commission expires: Rev. 5/15/91 (SEAL) OFAC1At. SEAL PENNY RroGS NOWY PUb11C-CCdfcmta SACRAMENTO 'COUNTY my C"mf*dm was Deonbw 7. 1993 pQ, D 1 g'7 I N CAS October 3, 1991 State: California Market: Santa Rosa RECORDLNG REQUESTED BY AND .`Cell,ID: SR-26 WHEN RECORDED RETURN TO 5.453-92-002 Cagal Cellular Communications Corp. West Petaluma 1750 Howe Avenue, Ste. 300 Sacramento, CA 95825 ATTN: Director of Operations MEMORANDUM OF LEASE THIS MEMORANDUM OF LEASE (the "Memorandum") is executed this Z day of October, 1991- by and between the City of Petaluma, a municipal corporation, ("Landlord") and Cagal Cellular Communications Corp., a California corporation ("Tenant"). WHEREAS, Landlord and Tenant are parties to that certain Lease Agreement dated October q, 1991 (the "Lease"); NOW, THEREFORE, for good and valuable consideration, the parties agree as follows: 1. Lease. For,good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Landlord leases to Tenant a portion of the real property described in Exhibit A attached hereto and incorporated herein by this reference. (the "Property") at a rent and on the terms and conditions set forth in the Lease all of the terms and conditions of which are by this reference incorporated herein. The portion .of the Property leased to Tenant (the "Premises") is described and/or depicted in Exhibit B attached hereto and incorporated herein by''this reference. The Lease is for a term commencing (,)c,Tv,� cf'2 ZZ., 1991 and terminating U GTyS 'L , 19416 with five (5) additional options to extend for five (5) years each. 2. Definition of Terms. All capitalized terms not otherwise defined "herein shall have the same meaning as set forth in the Lease. 3. Purpose of Memorandum. This Memorandum is prepared for purposes of,recordation only and does not set forth all the terms and conditions set. forth in the Lease. The Lease, and this Memorandum shall, be construed to be but one. Lease and in the event there is any conflict between the terms and conditions of the Lease and this Memorandum, the Lease shall control. Rev, 5/15/91 ��D 1q7 I Nc S DATED as of the date first set forth above. LANDLORD: CITY OF PETALUMA, a municipal corporation Tax ID# : P4T6000392 By: J fin L. Scharer Its: City Manager By: W: Patrick Miller Its: Director of Public Works APPROVED AS TO FORM: 1 u,,'( d S 4:�im Q.,- Prr, e By: David Spilman Its:,Finance Director APPROVED AS TO FORM: /By: Michael•'Acorne .Its: Director of Personnel APPROVED AS TO FORM: By:'Richard Rudansky Its: City Attorney ATT By: Patricia CITY CLERK Its: City Clerk TENANT: CAGAL CELLULAR COMMUNICATIONS CORP. a'California corporation By: McCaw Communications of Santa Rosa, Inc. a California corporation By: Michael D.iBrink Its: Regional Site Development Manager v 1 '1 I Kcs . State of California County of On before me, Notary Public, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be "the.person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. ( SEAL) Notary Public My commission expires: State of California County of Sacramento On �tc�iL�, 7, before me, Penny Riggs, Notary Public, personally appea ed Michael D..Brink,, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me 'that he, executed the same in his authorized capacity, and that by his signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Notary Publi My commission expires: Rev. 5/15/91 ( SEAL) OFFICIAL :SEAL •• PENNY RIGGS Notary PubliC-CalWoRUa ® SACRAMENTO COUNTY MY Comrrdolon Expkes . December 7. 1993 d12 D I$'11 NCS October 3, 1991 State: California Market: Santa Rosa Cell ID: SR-26 5453-92-002 West Petaluma OPTION AND SITE LEASE AGREEMENT THIS OPTION AND SITE LEASE AGREEMENT (this "Agreement") is entered into this � day of October, 1991'between the City of Petaluma, a municipal corporation, ("Landlord") and Cagal Cellular Communications Corp., a California corporation ("Tenant"). For Tenant supplying to Landlord' s,Option Fee provided in paragraph 3 below, ("Option Fee") and other good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: A. OPTION 1. Premises.. Subject to the following terms and conditions, Landlord grants to Tenant an option (the "Option") to lease a portion (the "Premises") of the real property, (the "Property") described. in Exhibit A _attached hereto and incorporated herein by this reference. The Premises, located at the end of Hayes Avenue in Petaluma, comprise 2,000 square feet (401x501) and are situated within the Property as described and/or depicted in .Exhibit B attached hereto and incorporated herein by this reference. 2. Option Term. The Option shall be for a term of twelve (12) . months comi_nencing upon the date set forth above (the "Option Period"). 3. Option 'Fee. In consideration for Landlord granting to Tenant the option, Tenant agrees to provide to. Landlord within thirty (3°0) days of the execution of this Agreement, the sum of One Thousand Dollars ($1,000.00) and three (3) cellular telephones: 2 Motorola Tough Talker III portable cellular telephones*.(Model 012-02.2885) and two (2) carry bags (Model 300-470-2SN); and one (1.) Motorola Model PC-500 flip phone (Model 011-8405XT), with an extra battery Model 350- 4059XT) and a cigarette lighter adapter (Model 470-4292SK) at no cost to Landlord for such equipment, provided that Landlord executes a* Subscriber Agreement -with Cagal Cellular 1 U R a 1911 nrcls Communications Corp. for each phone (or collectively for all the phones) and pays ail customary service charges connected with the use of said cellular telephones, including, but not limited to,, activation, access, air time, long distance and toll charges. 4. cooperation. During the Option Period and any extensions thereto and during the term of this Lease, Landlord agrees to cooperate with Tenant in obtaining and maintaining, at Tenant's sole expense,. all licenses and .permits required for Tenant's use of the Premises (the "Governmental Approvals") and Landlord agrees to allow Tenant to perform surveys, soils testing, and other engineering procedures on, under, and over the Property necessary to determine that the Premises will be acceptable to Tenant's engineering specification, system design, and Governmental Approvals. 5. Exercise of Option. Tenant may exercise this Option by notifying Landlord in writing prior to the expiration of the Option Period that Tenant is exercising its Option. B. LEASE 6. Lease Term. In the event that Tenant exercises the Option, the term of this lease (this "Lease") shall be five years, commencing upon the date Tenant gives written notification to Landlord that Tenant is exercising its Option (the "Commencement Date."), which shall in any event be prior to the expiration of the. Option Period, and terminating at Midnight on the last day- of the month in which the fifth annual anniversary of the Commencement Date shall have occurred. Tenant shall have the right to. extend this Lease for five additional five-year terms ("Renewal Terms"). Each Renewal Term shall be on the same terms and conditions as set forth herein.. This Lease shall automatically be renewed for each successive Renewal Term unless Tenant shall notify Landlord of Tenant's intention not to renew this Lease at least sixty (60) days prior to'the expiration of the term or any Renewal Term. 7. Use. The Premises may be used by Tenant for the transmission And reception of radio communication signals in any and all frequencies, for the construction and.maintenance of related facilities, towers, antennas, or buildings and for related activities. 2 nQD iM kcs 8. Rent. a. Upon the Commencement Date, Tenant shall pay Landlord', as rent, the sum of Eight Hundred Dollars ($800.00) per month '("Rent"'). Rent shall be payable on the first day of each.month in advance to the City of Petaluma and sent to the City of Petaluma Finance Department, P.O. Box 61, Petaluma, California 94953-00.61. If the Lease is commenced other than on the first day of a month, the Rent shall be prorated for that first month for the number of days from the Commencement Date to the end of the month. b. Rent shall be increased as of the annual anniversary of the Commencement Date ("Adjustment Date") by a percentage equal to the percentage increase in the Consumer Price Index .("CPI") for the San Francisco/Oakland/San Jose Metropolitan Statistical Area on the Adjustment Date over the CPI for the month in which the Commencement Date or the last Adjustment Date, as the case may be, occurred. However, Rent shall not be increased by more than eight percent (8%) of the Rent in effect for the previous year. Rent shall not be decreased below the rent for the previous year. Landlord shall be responsible for communicating the amount of the rental adjustment to Tenant and. shall provide Tenant with supporting data upon which the -adjustment is calculated. c. If this Lease is terminated at a time other than on the last day of a month, Rent shall be.prorated as of the date of termination, and, in the event of termination for any reason other than nonpayment of Rent, all prepaid Rents shall be refunded to'Tenant. 9. Interference. Subject to Landlord's right of condemnation, Landlord shall not use,,, nor shall Landlord permit its employees, tenants, licensees, invitees or agents to use any portion of Landlord's properties in any way which interferes with the operations of Tenant.. Such interference shall'be deemed a material breach by Landlord, and -Landlord shall have the responsibility to terminate said interference. In the event any such interference does not cease promptly, the parties acknowledge that continuing interference will cause irreparable ,injury to Tenant, and therefore Tenant shall have the right; in addition to any other rights that it may have at law or in equity, "to elect to enjoin such interference or to terminate this Lease, upon notice to Landlord. 1),1g7tW-S 10. Improvements; Utilities; Access. a. Tenant shall have the right, at its expense, to erect and maintain on the Premises improvements, personal property and facilities, including without limitation an antenna tower and base,radio transmitting and receiving antennas, and an electronic equipment shelter (collectively the "Antenna Facilities"). The Antenna 'Facilities shall remain the exclusive property of Tenant, and Tenant shall have the right to remove the Antenna Facilities' during the term and following any termination of this Lease. b. Tenant shall have the right to install utilities, at Tenant,'s expense, and to improve the present utilities on the. Premises (including,but not limited to the installation of emergency power generators).. Tenant shall have the right to permanently place utilities on (or to bring utilities across) the Property in order to service the Premises and the,Antenna Facilities.- Landlord shall execute an easement evidencing this right upon Tenant's request. Tenant shall have installed, at Tenant's sole expense, new underground electrical service to the Property from Hayes Avenue. Landlord shall make all necessary arrangements with Pacific Gas & Electric Company for such service to be installed at the time''required by Tenant. C. Landlord shall provide,Tenant ingress, egress, and access from an open and improved public road to the Premises adequate to service the Premises and the Antenna Facilities at all times -'during the term of this Lease or any renewal thereof at no additional charge to Tenant. Landlord shall execute an,,easement evidencing this right upon Tenant's request. 'Tenant agrees to install a gravel aggregate surface at its -sole expense, on the present route of Landlord's right of way easement from the .cul-de-sac at the end of Hayes Avenue to the Property and as depicted in Exhibit B. After Tenant installs such gravel aggregate surface Landlord shall maintain the road at.Landlord Is' sole expense.` °This route shall be Tenant's access to the Premises during. the. term of this Lease. Tenant will also promptly repair,•.at its sole expense, any damage to•the City's streets caused by Tenant's construction or operations. d. Tenant shall require its contractors to obtain payment and performance bonds guaranteeing the contractor's work and naming the City of Petaluma as obligee thereon. Tenant shall provide copies,of all bonds .obtained to the City prior to the commencement of construction. 4 OD isl i NCaS 11. Termination. Except as.oth.erwise provided herein, this Lease may ,be terminated, without; any penalty or further liability, on thirty (30) days written notice as follows: (a) by either party upon a default. of any covenant or term hereof by the other party, which is not cured within sixty (60) days of receipt of written notice of default (without, however, limiting any other rights available to the .parties: pursuant to any other provisions hereof or available under law); (b) by Tenant if it is unable to obtain or maintain any license, permit or other Governmental Approval necessary to the construction and/or operation'.of the Antenna Facilities or Tenant's business; or (c) by Tenant if -the Premises are or become unacceptable under Tenant's design or engineering, specifications for its Antenna Facilities or the communications system to,which the Antenna 'Facilities. belong. Upon termination, Tenant will return the Premises to its original condition, normal wear and tear and casualty excepted. However, Tenant will not *be responsible for the replacement of any trees, vegetation and/or shrubs or for the reduction of any foundation to a depth greater than one foot below grade. 12. Taxes. Tenant shall pay any personal property ,taxes assessed on, or any. portion of such taxes attributable to, the Antenna Facilities. Landlord, shall pay when due all real property.taxes and all other fees and assessments attributable to the Property. However, Tenant shall pay, as additional Rent, any increase in -real property taxes levied against the Premises which is. directly attributable to Tenant's use of the Premises, and Landlord agrees to furnish proof of such increase to Tenant. 13.- Insurance- .T;enant will provide,:Commercial Liability insurance- in an aggregate amount of $1-, 0,00, 00.0.00 and name Landlord as an additional insured on the policy or policies. Tenant may satisfy this requirement by obtaining an appropriate endorsement which is reasonably satisfactory to Landlord to any master policy of liability insurance Tenant may maintain.' 14 Destruction of Property. I;f the Property or the Premisesare destroyed or damaged so as to hinder the effective use 'of the Antenna Facilities, Tenant"may elect to terminate this Lease as of the date of the damage or destruction by so notifying Landlord not more than 45 days following the date of damage. In such event, all rights and obligations -of the parties shall cease as of the date of the damage or destruction and Tenant shall be entitled to the reimbursement of any Rent prepaid by Tenant. 5 0►� D I �� l N�GS 15. Condemnation. If a condemning authority other than Landlord takes all of the Property, or a portion sufficient to render the Premises unsu°itable for the use which Tenant was then making of the Premises, this Lease shall terminate as of the date the title vests .in the condemning authority. The parties shall be entitled to share in the condemnation proceeds in proportion to the values of their respective interests in the Property (which for Tenant shall include, where applicable, the value of its Antenna Facilities, moving expenses, prepaid rent and business dislocation expenses). 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. 16. Indemnity and. Hold Harmless. Tenant agrees to defend. indemnify.and'hold Landlord harmless from any and all claims -arising from the installation, use, maintenance, repair or removal of Tenant':s Antenna Facilities, except to the extent such claims arise from the negligent or intentional acts or omissions - of Landlord, its agents or independent contractors. Tenant agrees to defend;, -indemnify and hold harmless any property owner from which Tenant obtains an easement to cross that owner's property from any and all claims arising from the use of the owner's property by Tenant or its employees, agents or contractors. 17. Right ofFirstRefusal. This paragraph deleted. 18. Notices. All notices, requests, demands and other communications hereunder shall be in writing and shall be deemed given if.personally delivered or mailed, certified mail, return receipt requested, or sent by overnight carrier to the following addresses: If to Landlord, to: City of Petaluma Office of the City Attorney Post and English.Street Petaluma, CA 94953 If to Tenant, to: Cagal Cellular Communications Corp. 1'750'Howe Avenue, Suite 300 Sacramento, CA 95825 Attn: Director of Operations R With a copy to: McCaw -Cellular Communications, Inc. Legal Department 5.400,Car llon Point Kirkland, Washington 98033 Attention: Scott Morris 19. Title and Quiet Enjoyment. a. Landlord warrants that it (i) has full right, power and authority to execute.this Agreement; (ii) has good and unencumbered title to the Property free and clear of any liens or mortgages, except as set forth in Exhibit C attached hereto. Landlord further warrants that Tenant shall have the quiet enjoyment of the Premises during the term of this Lease or any renewal thereof. b. Tenant has the right to obtain a title report or commitment for a leasehold title policy from a title insurance company of its choice. If, in the opinion of Tenant, such title report shows any defects of title or any liens or encumbrances which may adversely affect Tenant's use of the Premises or Tenant's ability to obtain leasehold financing, Tenant shall have the right to cancel this Lease immediately upon written notice to Landlord. C. -Tenant shall also have the right to have the Property surveyed, and, in the event that any defects are shown. by the survey which, in the opinion of Tenant, may adversely affect Tenant's use of the Premises or Tenant's ability to obtain leasehold financing, Tenant shall have the right to terminate this Lease immediately upon written notice to Landlord. d. Landlord represents and warrants to Tenant that to the best of Landlord's knowledge that since Landlord has owned the Property hazardous substances have not been generated, stored or disposed of on the Premises nor have the same been, transported to or over the Premises. "Hazardous Substance01 shall be interpreted broadly to mean any substance or material defined or, designated as hazardous or toxic waste, hazardous=.or toxic material, hazardous or toxic or radioactive substance, or other similar term by any federal, state or local environmental law, regulation or rule presently in effect or promulgated in the future as such laws, regulations or rules may be amended from time to time; and it shall be interpreted to include, but not be limited to, any substance which after release into the environment will or may reasonably be anticipated to cause sickness, death or disease. Landlord will hold ,Tenant harmless from and indemnify Tenant 7 vk D 1211 rocs against and from any damage, loss, expenses or liability resulting from any breach of this representation and warranty including all, attorneys' fees and costs incurred as a result thereof. e. Tenant represents and warrants to Landlord that Tenant will not generate, store, release or dispose of hazardous 'substances on the Premises nor will Tenant transport same to or across the Premises, except for fuel and batteries to be used in Tenant"s emergency power system. Tenant will hold harmless and indemnify Landlord from and against any damage, loss expenses., or liability resulting from any breach of this representation and warranty including all attorneys' fees and costs incurred as a result thereof. 20. Assignment. Upon notice to Landlord, Tenant may assign this .Lease to any person or entity with an ownership interest in,Tenant, any affiliate of such person or entity, any partnership in which Tenant is a partner, or any, person or entity that acquires Tenant's business. Except as provided - above, Tenant may only assign this lease with the written consent of Landlord. Tenant warrants that any assignee of Tenant shall meet the. financial responsibility requirements of the Federal Communications Commission. Tenant may only sublet this lease with the written consent of' Landlord, which consent shall.not be unreasonably withheld or delayed. Any sublease that is entered into by Tenant shall be subject to the provisions of this Lease. 21. Successors .and Assigns. This Lease shall run with the Property described in Exhibit A. This Lease shall be binding upon and inure to the benefit of the parties, their respective successors, personal representatives and assigns. 22. Waiver of Landlord's Lien: Landlord hereby waives any and all lien rights it may'have,_statutory or otherwise, concerning the Antenna Facilities or any portion thereof which shall be, deemed personal property for the purposes of this Lease, regardless of whether or not same is deemed .,real or personal property under applicable laws, and Landlord. gives Tenant the right to remove all or any portion of same from timeto., time in. Tenant's sole discretion and without Landlord's consent. 0 4Q D ► S 9 1 Ncs. 23. Miscellaneous. a. The substantially, prevailing party in any litigation arising hereunder shall be entitled to its reasonable attorneys' fees and court costs, including appeals, if any. b. Each party agrees to furnish to the other such truthful estoppel information as the. other may reasonably request. c. This Agreement.constitutes the entire agreement and understanding of the parties, and supersedes all offers, negotiations and other agreements. There are no representation or understandings of any kind not set forth herein. Any amendments to this Lease must be in writing and executed by both parties. d. If either party is represented by a real estate broker in this transaction, that party shall be fully responsible for any fee due such broker,, and shall hold the other party harmless.from any claims for commission by such broker. e. Landlord agrees to cooperate with Tenant in executing any documents (including but not limited to a Memorandum of Option and Site Lease Agreement and Nondisturbance and Attornment Agreement) necessary to protect Tenant's rights hereunder or Tenant's use of the Premises. Landlord acknowledges that a Memorandum of'the Agreement will be recorded in the Official Records of the County where the Property is located. 'Upon the expiration or earlier termination of this Agreement., Tenant agrees to record a quitclaim deed to evidence the termination of Tenant's interest in the Property. f. This Lease shall be construed in accordance with the laws of the state in which the Property is located. g. If any term of this Agreement is found to be void or invalid, such. invalidity shall not affect the remaining terms of this Agreement, which shall continue in full force and effect. 7 d R D 1211 Ncs DATED as of the .date first set forth above. LANDLORD: 'CIT.Y OF PETALUMA, a municipal corporation Tax ID# : „94-6000392 By: J hn L. Scharer Its: rity Manager a By: W. Patrick Miller Its: Director of Public Works APPROVED AS TO FORM: l[!� ,�RtJLM .., Prn L By: David Spilman Its: Finance Director APPROVED AS TO FORM: 71 By Michael/Acorne Its: Director of Personnel APPROVED AS TO FORM: 7 By: Richard Rudarisky Its: City Attorney AT T: By: Patricia Its: City Clerk® bTY CLERK TENANT: CAGAL CELLULAR COMMUNICATIONS CORP. a;C'a_lifornia corporation By: McCaw. Communications of Santa Rosa, Inc. a California.corporation y: Michael D. Brink Its: Regional Site Development Manager 10 State of California County of On I before me, Notary Public, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the, person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. (SEAL) Notary Public My commission expires. State of California County of Sacramento On before me, Penny Riggs, Notary Public, personally 4peaied`Michael D. Brink, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same i.n his authorized capacity, and that by his signature on the instrument, the, person, or the entity upon behalf of which the person acted,, executed the instrument. WITNESS my hand and official seal. (SEAL) Notary P.`ubli My commission expires: 11 •PENW RrGGS Notary; Pyblic-Cd1t0Mla -� SACRAMENTo COUNiy My commssiori Expires D c^rnbcr ,7, 19.93 ORE) M 11 Nc,S