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A-2005-292
<br />I1WaURANCE NOT QA FILE
<br />WORK MAY NOT PROCEED LAND LEASE AGREEMENT BETWEEN
<br />CLERK OF COUNCILTHE CITY OF SANTA ANA AND OMNIPOINT COMMUNICATIONS INC. for
<br />DATE::) , 31 - t �- Madison Park
<br />6:5'z,�40I11 t33
<br />This Agreement, made this 5th day of December, 2005 between the City of Santa Ana, a charter city and
<br />(_ '_#ft rtfl j) municipal corporation organized and existing trader the Constitution and laws of the State of California hereinafter
<br />designated "LESSOR" and Omnipoint Communications Inc., a subsidiary of T -Mobile USA, Inc., a Delaware
<br />corporation hereinafter designated "LESSEE". The LESSOR and LESSEE are at times collectively referred to
<br />hereinafter as the "Parties".
<br />I. PREMISES. LESSOR hereby leases to LESSEE a portion of that certain parcel of property
<br />commonly known as Madison Park (the entirety of LESSOR's property is referred to hereinafter as "the Property"
<br />and a legal description of the Property is attached hereto as Exhibit "A"), located at 1528 South Standard Avenue,
<br />Santa Ana CA, and being described as a 12' by 27' parcel containing 324 square feet and space required for cable
<br />runs to connect LESSEE's equipment and antennas, together with the non-exclusive right for ingress and egress
<br />from and to the nearest 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 maintenance of
<br />utility wires, poles, cables, conduits, and pipes over, under, or along a twelve (12') foot wide right-of-way extending
<br />from the nearest public right-of-way, to the demised premises, said demised premises 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 />In the event any public utility is unable to use the aforementioned right-of-way, the LESSOR hereby agrees
<br />to grant an alternative right-of-way either to LESSEE or to the public utility, subject to LESSOR's approval of
<br />location and size of said alternative right-of-way, at no cost to LESSEE.
<br />2. SURVEY. 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 home by LESSEE.
<br />3. TERM. This Agreement shall be effective as of the date of execution 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 dollars ($28,800.00) to be paid in equal monthly installments of two thousand
<br />four hundred dollars ($2,400.00) per month on the first day of the month, in advance, to LESSOR or to such other
<br />person, firm or place as the LESSOR may, from time to time, designate in writing at least thirty (30) days in
<br />advance of any rental payment date. Rent shall be abated until thirty (30) days after the issuance of a building
<br />permit or until twelve (12) months after the date of 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 cure 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.
<br />5. ANNUAL RENTAL INCREASES. The rent payments shall be subject to an annual rental
<br />increase of three percent (3%) per year, to be increased on each anniversary of the Commencement Date.
<br />6. DEPOSIT. In recognition that the Commencement Date may not occur concurrent with the
<br />execution of this Agreement by all parties, LESSEE hereby agrees to pay to the LESSOR upon execution of this
<br />Agreement, a one-time, non-recurring, non-refandable payment equal to one (1) month's rent.
<br />7. EXTENSIONS. LESSEE is granted options to extend this Agreement for up to three (3)
<br />additional five-year (5) terms (each a "Renewal Term"). Each Renewal Term shall be on the same terms and
<br />conditions as set forth herein and subject to the approval of the City Manager and Executive Director of Parks
<br />Recreation and Community Services as follows: after the expiration of the original term, LESSOR reserves the right
<br />to deny any such extension, by providing no less than six (6) months prior written notice before the extended term
<br />Site#: LA02901A
<br />Sitc Namc: SC451 Madison Park
<br />Market: Califomia
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