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Item 12 - Ground License Agreement for Wireless Telecommunications Facilities
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Item 12 - Ground License Agreement for Wireless Telecommunications Facilities
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Last modified
5/21/2025 5:47:27 PM
Creation date
3/13/2025 8:17:10 AM
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City Clerk
Doc Type
Agenda Packet
Agency
Public Works
Item #
12
Date
3/18/2025
Destruction Year
P
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EXHIBIT B <br />Original Agreement <br />A-2007-281 <br />Site Name: TMO10 Jerome Park Site IDO: LA0301 DA <br />ES%�UV <br />FIRST AMENDMENT TO LAND LEASE AGREE, MENIT BETWEEN <br />00 q��mTHE CITY OF SANTA ANA AND OMN Park <br />T COMMUNICATIONS INC. for <br />JeromThis First Amendment to Land Lease Aereemont betweenthe City of Santa Ana and Omnipoint Communications, <br />Inc. for Jerome Park (hereinafter "First Amendment") is attached to and made part of the Land Lease Agreement <br />Between The City of Santa Ana and Onimpoint Communications. Inc for Jerome Park (the "Lease") dated as of <br />December 5, 2005 by and between the City of Santa Ana, , a charter city and municipal corporation organized and <br />existing under the Constitution and laws of the State of California, ("LESSOR") and OMNIPOINT <br />COMMUNICATIONS, INC., a subsidiary of T-Mobile USA, Inc., a Delaware corporation, with a place of <br />business of 3 Imperial Promenade, Suite 1100, Santa Ana, CA 92707 ("LESSEE"). <br />RECITAL& <br />WHEREAS, the property address 888 W, Santa Ana Blvd, Santa Ana CA, specified in Section I of the <br />Lease., is incorrect and the Parties wish to correct the address to 2115 W. Me Fadden Avenue., Santa Ana, CA <br />92704;and <br />WHEREAS, LESSEE was to construct concrete bleachers under the Approved Plans but LESSEE and <br />LESSOR now want to provide for portable bleachers instead; <br />NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby <br />acknowledged; and <br />WITHOUT limiting the terms of the Lease, LESSOR and LESSEE, intending to be legally bound, further <br />agree to amend the Lease as follows: <br />AMENDMENTS: <br />1) The address "S88 W. Santa Ana Blvd, Santa Ana CA" appearing in Section 1 of the Lease is hereby <br />deleted and replaced with the address "21l5 W. Mc Fadden Avenue, Santa Ana, CA 92704". <br />2) The Approved Plans included in the Lease and titled "Exhibit B" are hereby deleted in their entirety <br />and replaced with the Approved Plans embodied in "Exhibit B-l" attached hereto. All reference in the <br />Lease to Exhibit B shall mean the new Exhibit B-l. LESSEE shall contract and pay to All Purpose <br />Manufacturing, Inc., the sum not to exceed Thirty Thousand Dollars ($30,000 00) for the purchase and <br />installation of portable bleachers as described in the attached Exhibit B-1. The portable bleachers shall <br />not be part of the Premises or LESSEE's Facilities. LESSOR assumes all title and ownership interest <br />in, all maintenance responsibility and liability for the portable bleachers. LESSEE shall have no <br />obligation under the Lease to provide concrete bleachers or any other bleachers once the sum is paid to <br />All Purpose Manufacturing, Inc., as provided herein. <br />HEADINGS: Any and all headings in the original Lease and any Amendment thereto, are for reference <br />andfor clarification pin -poses only and shall not be deemed to define or limit the scope or intent of any of the terms, <br />covenants, conditions or agreements contained therein. <br />IN THE EVENT of a conflict between the original Lease, and this First Amendment, this First <br />Amendment shall control. All terns and conditions in the Lease and Exhibits thereto which are not inconsistent <br />herewith remain in full force and effect. <br />[signature page follows] <br />Page 22 of 103 <br />
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