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<br />.. U4C�lKQFliVUtYIL LAND LEASE AGREEMENTBETWEEN
<br />E CITY OF SANTA ANA AND NEW CINGULAR WIRELESS PCS,, LLC
<br />DATE:. _1- ..—t t r ttorvir rnRx
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<br />This Agreement; made as of the latter ofthe signature dates below ("E#i3snu�e.�te")-, is
<br />entered into by and between the City of Santa And, a charter city and municipal corporation
<br />organized and existing under the Constitution and laws ofthe State of California, hereinafter
<br />designated "LESSOR" and New Cingular Wireless PCS, LLC, a Delaware limited liability
<br />company, having a mailing address of 12555 Cingular Way; Suite 1300, Alpharetta; GA 30004';
<br />hereinafter designated "LESSEE". The LESSOR raO LESSEE are at times collectively referred.
<br />to hereinafter as the "Parties %
<br />1. PREMISES.. LESSOR, leases to LESSEE a portion of that certain parcel.,
<br />of property commonly known as Jerome Park (the entirety of LESSOR'S property is referred tt),
<br />hereinafter as "tile Property" and a legal. description of the Property is attached hereto as Exhibit
<br />"A" }, located at 2115- West McFadden Ave: Santa Ana, CA 92703, and being described as a
<br />twenty foot (20')by twelve foot (12') space on the ground containing two hundred -forty (240)
<br />square feet for LESSEE's radio equipment cabinets, a seventeen foot (17`) by nineteen foot ten.
<br />inch (I4' l 0") space on the ground containing three hundred twenty-four and 7110 (324.7) square
<br />feet for LESSEE's tower, and space required for cable runs to connect LESSEE's equipment and
<br />antennas, together with the non e7cclusive right for ingress arid. egress from and to the nearest
<br />public right-of-way, seven (7)days a week, twenty-four (24) hours a day, subject to any
<br />restrictions stated herein, on foot or motor vehicle; including trucks, and for the installation and
<br />maintenance bfutility wires; pales, cables, conduits, -and pipes over,:uixder, or within the; building;
<br />to the demised premises, said demised premises and access and utilities paths (hereinafter
<br />collectively rieferred tp. as the "Premises'l for access being substantially fts described herein in
<br />Exhibit "B" attached'. hereto and made a part hereof,.
<br />2. SURVEY. LESSOR also.hereby grants to LESSEE the right to survey the
<br />Property and the Premises, and said survey along with detailed site plans shall then become..
<br />Exhibit "B"which snail be attached hereto and made a part hereof, and shall control in the event
<br />of boundary and access discrepancies between it and Exhibit'!X . Costs incurred by LESSEE
<br />for such work shall be borne by -LESSEE.
<br />3. 'TERN[;, This Agreement: shall be e1i'ective as of the Effective Date; provided;;
<br />however, the initial terns shall be for ten (`i 0) }Lars, and shall commence on the Coralmencement
<br />Date (defined below).
<br />A. 12E1d1,. After the Commencement Date, rental payments will be rue in an annual'
<br />rental amount of Twenty -Eight Thousand Eight Hundred and N61100 Dollars ($28,8W, .00) to be
<br />paid in equal monthly installments of Two Thousand: Four Hundred: and No/100 Dollars
<br />($2,400.00) per month on or before the first day of the month, in advance; to LESSOR or to such
<br />other person, firm or placc as the LESSOR may, from time to thee, designatc in writing at lcast
<br />thirty (30) days in advance of any rental payment date, Rent shall commence on die first day of
<br />..__ the inalth: r6ilowrlig tb( lssuanse a ttie biiildttig periirif for LESSEE'S Paci1ines (as dirWU;`_...,_.._..,
<br />below), or the first stay ol'tiac month that is six (6l months after the Effective Date of tiii:�
<br />Agreement or the first day of the month following, the date LESSEE commences installation of
<br />LESSEE's Facilities tin the Premises, Whichever vccurs first ("Commencement Date"), lfrent is
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