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<br />26. NOTICES. All notices hereunder must be in writing and shall be deemed validly given if sent <br />by certified mail, return receipt requested or by commercial courier, provided the courier's regular business is delivery <br />service and provided further that it guarantees delivery to the addressee by the end of the next business day following the <br />courier's receipt ITom the sender, addressed as follows (or any other address that the Party to be notified may have <br />designated to the sender by like notice): <br /> <br />LESSOR: <br /> <br />Courtesy <br />Copy to: <br /> <br />LESSEE: <br /> <br />Copy to: <br /> <br />City of Santa Ana <br />Executive Director <br />Parks, Rec. & Community Services (M-23) <br />888 W. Santa Ana Blvd. <br />Santa Ana, CA 92702 <br /> <br />City of Santa Ana - Office of the City Attorney <br />20 Civic Center Plaza (M-29) <br />P.O. Box 1988 <br />Santa Ana, California 92702 <br /> <br />Nextel of California, Inc. <br />310 Commerce <br />Irvine, CA 92602 <br />Attn: Property Manager <br />Phone: (714) 368-3500 <br /> <br />Nextel Communications, Inc. <br />2001 Edmund Halley Drive <br />Reston, VA 20191-3436 <br />Second Floor, Mail Stop 2E225 <br />Attn: Site Leasing Services, Contracts Manager <br /> <br />Notice shall be effective upon mailing or delivering the same to a commercial courier, as permitted above. <br /> <br />27. SUCCESSORS. This Agreement shall extend to and bind the heirs, personal representatives, <br />successors, arhninistrators and assigns of the Parties hereto. <br /> <br />28. <br /> <br />RELOCATION RIGHT. <br /> <br />a. Anytime after the expiration of the original term, LESSOR shaH have the one-time right, <br />upon redevelopment of LESSOR's property, to relocate LESSEE's Communications Facility to alternate space within <br />LESSOR's property, if available; provided however, that such relocation shall (I) be at LESSOR's cost and expense, (2) <br />be performed by LESSEE or its agents, (3) not result in any interruption of the communications service provided by <br />LESSEE on LESSOR's property, (4) not impair, or in any manner alter, the quality of communications service provided <br />by LESSEE on and ITom LESSOR's property, and (5) be done in accordance with subsections B. and C. below. Upon <br />relocation of LESSEE's Facility, the access and utility rights of way will be relocated as required, in the sole discretion <br />of LESSEE, to operate and maintain its Facility. <br /> <br />b. LESSOR shall exercise its relocation right under Paragraph A above by (and only by) <br />delivering written notice (the ''Notice'') to LESSEE. In the Notice, LESSOR shall propose an alternate site within or on <br />LESSOR's property to which LESSEE may relocate its Communications Facility. LESSEE shall have sixty (60) days <br />fi'om the date it receives the Notice to evaluate LESSOR's proposed relocation site, during which period LESSEE shall <br />have the right to conduct tests to determine the technological feasibility of the proposed relocation site. If LESSEE fails <br />to approve of such proposed relocation site in writing within the sixty-day period, LESSEE shall be deemed to have <br />disapproved such proposed relocation site. If LESSEE disapproves such relocation site, then LESSOR may thereafter <br />propose another relocation site by Notice to Tenant in the manner set forth above. Any relocation site which LESSOR <br /> <br />CA7007D Lease 8-11-04 tg rg <br /> <br />7 <br /> <br />~v <br />iìtc <br />