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;P `'I;R.4A-2007-043
<br />LEASE AGREEMENT BETWEEN
<br />T3E-C4TY OF SANTA ANA AND ROYAL STREET COMMUNICATIONS, LLC
<br />REGARDING COMMUNICATION TOWER FACILITIES AT MADISON PARK
<br />Q {RCSC3)ll) This Agreement, made this;^day ofF;c no , 2007 between the City of Santa Ana, a charter
<br />city and municipal corporation organized and existing nder 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 on the Southwest comer of the Shelter, commonly known as Madison Park (the entirety of
<br />LESSOR's property is referred to hereinafter as "the Property" and a legal description of the Property is
<br />attached hereto as Exhibit "A"), located at 1528 South Standard Avenue, Santa Ana, CA 92707, APN: 014-
<br />431-02, and being described as a 17'6" by 15'3" parcel containing 266 square feet and an easement
<br />required for the antenna support structure and for cable runs to connect LESSEE's equipment and antennas,
<br />together with the non-exclusive right for ingress and egress from and to the nearest public right-of-way,
<br />seven (7) days a week, twenty-four (24) hours a day, subject to any restrictions stated herein, on foot or
<br />motor vehicle, including trucks, and for the installation and maintenance of utility wires, poles, cables,
<br />conduits, and pipes over, under, or along a twelve (12') foot wide right-of-way extending from the nearest
<br />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"
<br />attached hereto and made a 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 borne 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 />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 (60/6) 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 costs
<br />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
<br />Site No: LA0623B Page 1 of 1
<br />Site Address: 1528 South Standard Avenue, Santa Ana, CA 92707
<br />Execution Copy
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