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25G - APPROVE AND ASSIGNMENT AND GROUND LEASE
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25G - APPROVE AND ASSIGNMENT AND GROUND LEASE
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Last modified
5/14/2020 4:26:25 PM
Creation date
5/14/2020 4:16:01 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Parks, Recreation, & Community Services
Item #
25G
Date
5/19/2020
Destruction Year
2025
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GROUND LESSOR ESTOPPEL CERTIFICATE <br />(GROUND LESSEE FA#10127664) <br />This Ground Lessor Estoppel Certificate (this "Certificate") is made by the party <br />identified as the ground lessor in the signature block below ("Ground Lessor") for the benefit of <br />the Ground Lessee identified below and Octagon Towers, LLC and its subsidiaries (collectively, <br />"Buyer"). <br />RECITALS: <br />A. NEW CINGULAR WIRELESS PCS, LLC ("Ground Lessee") is the lessee of <br />certain real property pursuant to a lease, license or other occupancy agreement (the "Lease") <br />dated 04/1912011, by and between Ground Lessor and Ground Lessee, relating to premises <br />described in the Lease. <br />B. Ground Lessee intends to assign its interest in the Lease to Buyer and Buyer <br />intends to assume the obligations under the Lease. <br />C. In connection with the proposed assignment, Ground Lessee and Buyer have <br />requested this Certificate from Ground Lessor. <br />Estoppel Certificate. Ground Lessor certifies to Ground Lessee and Buyer that <br />the following statements are true as of the date hereof: <br />(a) Ground Lessee is the current Ground Lessee under the Lease (a full copy <br />of which, including all amendments thereto, is annexed as Exhibit A <br />(b) The Lease is in full force and effect, has not been assigned by Ground <br />Lessor to any other party and contains the entire agreement between Ground Lessor and <br />Ground Lessee with respect to the premises described in the Lease; <br />(c) The Commencement Date under the Lease was <br />and the term of the Lease will end on 12 , subject only to the <br />Ground Lessee's options to renew the Lease for successive periods <br />of years each. The current monthly base rental is $ Monthly rent <br />under the Lease has been paid through , 20_;and <br />(d) No default exists under the Lease on the part of Ground Lessor or Ground <br />Lessee, and, to Ground Lessor's knowledge, no event or condition has occurred or exists <br />which, with notice or the passage of time or both, would constitute a default by Ground <br />Lessee under the Lease. <br />Executed as of 2020. <br />City of Santa Ana <br />By: See attached signature page <br />Name: <br />25b-5 <br />
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