|
EXHIBIT B
<br />Original Agreement
<br />INSURANCE NOT CNN PLE
<br />--- r,� A-2008-290
<br />WORK MAY RQT P,Hccua-
<br />CLERK OF CUUNGi 11.. LFASF AGREEMENT BETWEEN
<br />SATE: THE CITY OF SANTA ANA AND T-MOBILE
<br />REGARDING COMMUNICATION TOWER FACILITIES
<br />ATEL:SA LVADOR PARK
<br />This Agreement, made this 17" day of November, 2008, between the City of Santa Ana, a charter city and
<br />municipal corporation organized and existing under the Constitution and laws of the State of California hereinafter
<br />designated "LESSOR"' and Ormupoint Communications, Inc., as subsidiary of T-Mobile USA Inc., a Delaware
<br />corporation hereinafter designated "LESSEE", 'Me LESSOR and LESSEE are at times collectively referred to
<br />hereinafter as the "Parties".
<br />1. PREMISES. LESSOR hereby teases to LESSEE a portion of that certain parcel of property
<br />commonly known as El Salvador Park (the entirely of LESSOR'% property is referred to beremilfleT as "the
<br />Property" and a legal description of the Property is attached hereto as Exhibit "A"), located at 18250vic Center
<br />Drive West, Santa Ana CA, 92703, APN;405-121 -11, and being described as a 15'0" iby 22'0" parcel containing 330
<br />square feet including space for LESSEE's Equipment Shelter and access for the installation of a Morropme
<br />Communications Lower Structure located on the Property, and access for the antenna support structure for cable
<br />runs to connect LESSEE's equipment and antennas, together with the non-cxclusive right for ingress and egress
<br />from and to the nearest public fight -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 maintenance of
<br />utility wires, poles, cables, conduits, and pipes over, under,. Or along a twelve (12') foot wide fight -of -way extending
<br />from the nearest public right-of-way, to the demised Premises, said demised promises and right-of-way (hereinafter
<br />collectively referred to as the "Premises") for access being substantially as described herein in Exhibit" B" attached
<br />hereto and made a part hereof.
<br />2. SURN-EY. LESSOR also hereby grants to LESSEE the right to survey the Property and the
<br />Premises, and said survey along with detailed site plans shall then become Exhibit "B" which shall be attached
<br />hereto and made a part hereof", and shall control in the event of boundary and access discrepancies between it and
<br />Exhibit "A". Costs incurred for such work shall be borne by LESSEE.
<br />3, TERM. This Agreement shall be effective as of the date ofcxccution by both parties, provided,
<br />however, the initial term shall be for ten (10) years and shall commence on the Commencement Date (defined
<br />below).
<br />4. RENT. After the Commencement Date, rental payments will be due in an annual rental amount of
<br />twenty eight thousand eight hundred (S28,800.00) to be paid in equal monthly installments of two thousand four
<br />hundred dollars ($2,400.00) per month on the first day of the mouth, in advance, to LESSOR or to such other
<br />person, firin or place as the LESSOR may, front time to time, designate in writing at least thirty (30) days in
<br />advance of any rental payment date. Rent shall commence upon the issuance of the building peanut for LESSEE's
<br />Facilities (as defined below), or twelve (12) months after the full execution of this agreement, whichever occurs first
<br />("Commencement Date"). If rent is not paid within fifteen (15) days after the due date and provided LESSOR has
<br />complied with all applicable notice and core provisions herein, LESSEE agrees to pay a late charge equal to six
<br />percent (6%) of the then -current monthly rent. Rental amounts attributable to partial months shall be prorated on a
<br />daily basis. All Rent and Deposits shall be deposited according to the directions outlined in Exhibit "G".
<br />5. ANNUAL R - TAL INCREASES, The rent payments shall be subJect to an annual rental
<br />increase of four percent (4%) per year, to be increased on each anniversary of the Commencement Date,
<br />6. INITIAL PAYM =- In recognitions that the Commencement Date may not occur concurrent
<br />with the execution of this Agreement by all panics, LESSEE hereby agrees to pay to LESSOR a one-time, non-
<br />recurring, non-refundable payment equal to one (1) months rent, within thirty (30) days after the Commencement
<br />Date. Notwithstanding the above, Lessor shall refund Lessee the initial payment in the event Lessee is unable, due
<br />to the sole fault and unreasonable delay of Lessor, to obtain all Approvals necessary to construct Lessee's facilities,
<br />within 6 nicniths after the full execution of this agreement.
<br />7. EA_TENS_ID_Na- The Lease Agreement may be extended for up to three (3) additional five-yeat
<br />(5) terms (each a "'Renewal "Term"'), Each Renewal Term shall be on the terms and conditions as set forth herein
<br />%U N.: tA03009C 0 F1 15aado Pwk S Ng. 1 OF23
<br />lilt Address: 1825(10m,Criuur Dow West, S=ta An& CA 92703
<br />Page 29 of 107
<br />City Council 12-37 3/18/2025
<br />
|