CF&D/Antenna Space Lease 08A
CF&DCORP
USER AND ANTENNA SPACE LEASE- Indio Hill
THIS LEASE is made between C F & D CORP, a California Corp, whose
mailing address is P. 0. Box 20409, Riverside, CA 92516-0409, and City
of La Quints, Attention: Chris Sundlee, P.O. Box 1504, City of La
Quinta, CA 92247 heinafter called respectively "Lessor" and "Lessee"
without regard to number or gender.
IT IS AGREED between Lessor and Lessee as follows:
1. LEASED PROPERTY: Lessor leases to Lessee and Lessee hires
from Lessor on the terms and conditions hereinafter set forth l(one)
user space unit(s), on the radio site located on the real property
possessed by Lessor as described in Exhibit "A" attached hereto and
incorporated herein by this reference, and provisions for antenna
connections on Lessor's tower located thereon with the right to make
such connections for equipment as are reasonable and necessary for use
of said space by Lessee, Hereinafter called "Leased Property". Actual
location of required antennas shall be a matter of mutual agreement
between Lessor and Lessee. In addition, Lessor will furnish, install,
maintain and operate necessary air conditioning equipment to maintain
90F in the building the month requiring same.
2. TERM: The term of this Lease shall be for one (1) year
commencing March 1, 2008. Lessee, with the consent of Lessor, shall
have the right to hold over for an additional one (1) year term.
Should Lessee elect not to so hold over, Lessee shall notify Lessor, in
writing, no later then January 30, 2009.
3. RENT: Lessee agrees to and shall pay to Lessor, at its
address set forth above as rent for the use of the Leased Property, the
total sum of $2,400.00 payable at the rate of $200.00 per month
commencing on: March 1, 2008, such rental payable in advance on the
first (1st) day of each month and delinquent on the tenth (loth).
Lessee may elect to pay $2,328.00, a year's rent in advance, which
reflects a three (3) percent discount on the total sum due.
4. RENTAL INCREASES: At the end of the term stipulated in
paragraph (2), the Lessor will increase the rent in accordance with the
consumer Price Index, upon notification by mail thirty (30) days prior
to such increases. The increases will be considered on an annual
basis.
5. LATE CHARGES: The Lessor has the right to charge, and the
Lessee agrees to pay a 1.5% late charge that shall be a minimum of
$1.00 per month, if rent is not paid by the loth of the month following
the statement date.
6. USE: The Leased Property is to be used by Lessee for the
installation, operation and maintenance of (1) spaces, wiring and
accessories used therewith and any uses normally incident thereto and
for no other purpose. Lessee shall have free access to the Leased
Property at all reasonable times, and may make minor alterations
thereto, subject to Lessor's prior approval. All equipment or other
property attached to or otherwise brought on to the Leased Property
shall at all times remain the personal property of Lessee.
7. INSTALLATION AND REMOVAL: Actual installation and removal of
Lessee's equipment and property to or from the Leased Property shall be
done by Lessee under Lessor's supervision, at Lessee's sole cost and
expense. Lessor shall not be liable for any loss or damage to Lessee's
equipment or property arising therefrom, except for negligence on the
part of the Lessor. Upon installation or renewal of this agreement,
Lessee shall install necessary transmission interference suppression
equipment.
8. MAINTENANCE AND SERVICE: Maintenance and service of Lessee's
equipment located on Leased Property is not a part of this agreement.
9. CONDITION OF SPACE: Upon termination or expiration of this
Lease, Lessee will surrender this space to Lessor in good repair and
condition except (a) for reasonable wear and tear or (b) for damage due
to causes beyond Lessee's control or without its fault or negligence or
(c) for both.
10. REMEDIES ON DEFAULT: In the event of any breach of this
Lease by Lessee, Lessor, besides other rights or remedies he may have,
shall have immediate right of re-entry and may remove all persons and
property from the premises. No such re-entry or taking of possession
by Lessor shall be construed as an election on Lessor's part to
terminate this Lease unless a written notice of such intention be given
to Lessee by Lessor. In the event Lessee shall be in default of any
payment to be made to Lessor as herein provided for any period in
excess of thirty (30) days, then, in addition to any other rights or
remedies Lessor may have, Lessor may, with ten (10) days written
notice, turn-off or disconnect all power sources or connections to
Lessee's equipment on the Leased Property.
11. COMPLIANCE WITH THE LAW: Lessee shall at its sole cost and
expense, comply with all the requirements of all Municipal, State and
Federal authorities now in force, or which may hereafter be in force
pertaining to its user spaces on the Leased Property, and shall
faithfully observe in such use all Municipal Ordinances and State and
Federal Statues now in force or which may hereafter be in force.
12. HOLD HARMLESS: This Lease is made on the express condition
that Lessor is free from all liability for injury to the person or
property of Lessee, his agents, officers, employees and persons with
whom it deals. Lessee hereby covenants and agrees to, and shall defend
Lessor and save him harmless for any and all liability, loss, cost or
obligations on account of, or arising from, any such injury or loss
however occurring: except, the extent such injury or loss arises due to
the negligence of Lessor, its agents, officers or employees.
13. ATTORNEY'S FEES: In case suit shall be brought for the
breach of any covenant or condition herein contained, on the part of
Lessee or Lessor to be kept or performed, the prevailing party shall be
entitled to such reasonable attorney's fees as shall be fixed by a
court of competent jurisdiction, and all other costs and expenses of
suit.
14, WAIVER: Failure or delay on the part of Lessor to exercise
any right, power or privilege hereunder shall not operate as a waiver
thereof.
15. TIME: Time is of the essence of this Lease and all the
covenants, conditions, agreements and obligations herein contained.
16. ASSIGNMENT: Lessee shall not assign this Lease or any
interest therein and shall not sublet the Leased Property or any part
thereof or any right or privilege appurtenant thereto without the prior
written consent of Lessor, except to Lessee's subsidiaries or
affiliates. In such event, Lessee shall notify Lessor in writing of
such assignment or subletting to Lessee's subsidiary of affiliate.
17. ENTIRE AGREEMENT: This Lease contains the entire agreement
between the parties relating thereto and all prior offers, negotiations
and agreements are superseded hereby, provided this Lease may be
altered or amended in the future by written agreement of the parties
but not otherwise.
18. NO PARTNERSHIP: It is expressly understood that Lessor and
Lessee do not, in any way or for any purpose, become a partner of each
other in the conduct of each other's business or otherwise, or a member
of a joint enterprise.
19. NOTICES OR DEMANDS: Each and every notice or demand provided
for under this Lease or for any other purpose shall be given in writing
and delivered in person or by certified or registered mail at the
address set forth above, for each party, or such other change of
address as given in writing by one party to the other.
20. BINDING ON SUCCESSORS: The covenants and conditions herein
contained shall apply to and bind the heirs, successors, executors,
administrators and assigns of all the parties hereto.
21. PRIOR NEGOTIATION: This Lease constitutes the entire
agreement of the parties hereto which shall supersede all prior offers,
negotiations and agreements.
22. AMENDMENT: No revision of this Lease shall be valid unless
made in writing and signed by Lessee and an authorized agent of the
Lessor.
23. INSURANCE AND LIABILITY: Lessee will carry, during the term
of this Lease, the following insurance with the customary coverage's
and exclusions:
Bodily Injury - $500,000 for injury to any person and
$1,000,000 for all injuries sustained
by
more than one person in any one
occurrence.
property Damage - $1,000,000 for damage as a result of
any
one accident.
Lessee agrees to furnish Lessor with certificates from the insurance
carrier certifying the Lessee has the above -specified insurance.
Lessee agrees to indemnify and save Lessor harmless from any and all
claims, damages, expenses, suits, loss or liability for any death,
injury or damage caused by, arising from, or connected with performance
of this Lease due to or occasioned by the negligence or fault of its
officers, employees, agents or representatives. Provided, however,
that nothing in this item shall render Lessee liable or responsible for
any damage to property or for injury, including death, to persons
caused by or arising out of the acts or omissions of Lessor, its
agents, officers, representatives or employees.
24. RIGHT To LEASE: Lessor covenants that it has the right to
lease space at this location, that the Lessee may lawfully use its
portion of the premises as described in Paragraph #1 above.
25. INTERFERENCE: Should harmful interference occur on -site or
off site, the parties involved agree to promptly take steps to resolve
said problem. The offending party agrees to discontinue operation
until the cause of the interference has been remedied to the
satisfaction of all parties, and in compliance with all regulatory
agency requirements.
26. CAPTIONS: Captions used herein are for indexing purposes and
shall create no substantive effect.
27. SUPERSEDENCE: This agreement cancels and supersedes all
previous agreements between the parties undersigned.
28. SIGNATURES: Signature of Lessee hereby covenants he has the
right to bind Lessee to this Lease.
IN WITNESS WHEREOF, Lessor and Lessee have executed this Lease on
2008 at Riverside, California.
LESSOR: C \
y& DD ICORP
B-
Diann K. Johnston
TITLE: Operations Manager
LESSEE: City of a Quin a �f�
BY: �17pv7 �X(F �^ ✓�V�I�1J^—^
v,Lts Q,,di-P Dr
TITLE
EXHIBIT "A"
Legal Description - INDIO HILL
The Southeast Quarter of the Southwest Quarter of Section
23, Township 4 South, Range 7 East, San Bernardino Meridian,
in the County of Riverside, State of California.