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A-2007-042
<br />LEASE AGREEMENT BETWEEN
<br />L3 J 7_v7 THE CITY OF SANTA ANA AND ROYAL STREET COMMUNICATIONS, LLC
<br />REGARDING COMMUNICATION TOWER FACILITIES AT JEROME PARK
<br />O'pP C3Ild
<br />This Agreement, made this e'day of I— 200e between the City of Santa Ana, a charter
<br />city and municipal corporation organized and existing under the Constitution and laws of the State of
<br />California hereinafter designated "LESSOR" and Royal Street Communications, LLC , a Delaware limited
<br />liability company, hereinafter designated "LESSEE". The LESSOR and LESSEE are at times collectively
<br />referred to hereinafter as the "Parties".
<br />1. PREMISES. LESSOR hereby leases to LESSEE a portion of that certain parcel of real
<br />property, including space within Lessor's Shelter and on Lessor's Monopalm Communications Tower
<br />located at the Northeast comer of the Shelter, commonly known as Jerome Park (the entirety of LESSOR's
<br />property is referred to hereinafter as "the Property" and a legal description of the Property is attached
<br />hereto as Exhibit "A"), located at 2115 W. McFadden Ave., Santa Ana, CA 92704, APN: 109-050-30, and
<br />being described as a 12' by 12' parcel containing 144 square feet and an easement required for the antenna
<br />support structure and for cable runs to connect LESSEE's equipment and antennas, together with the
<br />non-exclusive right for ingress and egress from and to the nearest public right-of-way, seven (7) days a
<br />week, twenty-four (24) hours a day, subject to any restrictions stated herein, on foot or motor vehicle,
<br />including trucks, and for the installation and maintenance of utility wires, poles, cables, conduits, and pipes
<br />over, under, or along a twelve (12') foot wide right-of-way extending from the nearest public right-of-way,
<br />to the demised premises, said demised premises and right-of-way (hereinafter collectively referred to as the
<br />"Premises") for access being substantially as described herein in Exhibit `B" attached hereto and made a
<br />part hereof.
<br />In the event any public utility is unable to use the aforementioned right-of-way, the LESSOR
<br />hereby agrees to grant an alternative right-of-way either to LESSEE or to the public utility, subject to
<br />LESSOR's approval of 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
<br />the Premises, and said survey along with detailed site plans shall then become Exhibit "B" which shall be
<br />attached hereto and made a part hereof, and shall control in the event of boundary and access discrepancies
<br />between it and 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,
<br />provided, however, the initial term shall be for ten (10) years and shall commence on the Commencement
<br />Date (defined below).
<br />4. RENT.
<br />A. After the Commencement Date, rental payments will be due in an annual rental
<br />amount of twenty eight thousand eight hundred and 00/100 dollars ($28,800.00) to be paid in equal
<br />monthly installments of two thousand four hundred and 00/100 dollars ($2,400.00) per month on the first
<br />day of the month, in advance, to LESSOR or to such other person, firm or place as the LESSOR may, from
<br />time to time, designate in writing at least thirty (30) days in advance of any rental payment date. Rent shall
<br />commence upon the issuance of a building permit or six (6) months after the date of full execution of this
<br />Agreement, whichever occurs first ("Commencement Date"). If rent is not paid within fifteen (15) days
<br />after the due date and provided LESSOR has complied with all applicable notice and cure provisions
<br />herein, LESSEE agrees to pay a late charge equal to six percent (6%) of the then -current monthly rent.
<br />Rental amounts attributable to partial months shall be prorated on a daily basis. All Rent and Deposit
<br />monies shall be deposited according to the directions outlined in Exhibit "G".
<br />B. LESSEE shall reimburse T-Mobile a pro rata share of the hard construction
<br />costs incurred by T-Mobile in constructing the facilities as set forth in T-Mobile's confirmation letter dated
<br />August 7, 2006, and attached hereto as Exhibit "H".
<br />Site No: LA0620A Page I of 25
<br />Site Address: 2115 West McFadden Avenue, Santa Ana, CA 92704
<br />Execution Copy
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