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<br />\NSUMNCE t!Q1 ON FILE A-2007 -204
<br />WORK MAY WI PROCEED
<br />CLERK OF COUNCIL
<br />
<br />DATE: OCT 1 6 2001
<br />0: fb.rKS (~...Z) LAND LEASE AGREEMENT BETWEEN
<br />R~)" 01"0 THE CITY OF SANTA ANA AND ROYAL STREET COMMUNICATIONS CALIFORNIA, LLC
<br />REGARDING COMMUNICATION TOWER FACILITIES AT ADAMS PARK
<br />
<br />This Agreement, made this a1"day of Aug\lS-t , 2007 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 California, LLC , a
<br />Delaware limited liability company, hereinafter designated "LESSEE". The LESSOR and LESSEE are at
<br />times collectively referred to hereinafter as the "Parties".
<br />
<br />A. ACKNOWLEGEMENT
<br />LESSEE hereby acknowledges that LESSOR has entered into a Lease Agreement with Sprint PCS
<br />Assets, LLC, a Delaware limited liability company, "Tower Owner", for the purpo~c, 0; ;he comtruction
<br /><md use of wireless cammunication~ facility dated hly r.. 2004, inc1ucting erecting a f:05. foo, in )nopme type
<br />tower structure "Tower Structure", LESSOR hereby warrants the Tower Owner must :naKe the Tower
<br />Structure available to additional wireless services providers, subject to Federal Communications (FCC)
<br />non-interference rules. LESSEE, in order to collocate LESSEE'S antennas on the Tower Structure, shall
<br />enter into a separate collocation license/lease agreement with the Tower Owner, subject to LESSOR'S
<br />review and approval of LESSEE'S design and engineering plans.
<br />
<br />I. PREMISES. LESSOR hereby leases to LESSEE a portion of that certain parcel of real
<br />property, commonly known as Adams Park (the entirety of LESSOR's property is referred to hereinafter as
<br />"the Property" and a legal description of the Property is attached hereto as Exhibit "A"), located at 2302 %
<br />S. Raitt Street, Santa Ana, CA 92704, APN: 408-421-02, and being described as a 17'4'" by 17'4" parcel
<br />containing 300.4 square feet and an easement required for cable runs to connect LESSEE's equipment and
<br />antennas, .ogether with the non-exclusive right for ingress and egress from and to the nearest publie
<br />right-of-way, seven (7) days a week, twenty-four (24) hours a day, subject to any restrictions stated herein,
<br />on foot or motor vehicle, including trucks, and for the installation and maintenance of utility wires, poles,
<br />cables, conduits, and pipes over, under, or along a twelve (12') foot wide right-of-way extending from the
<br />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"
<br />attached hereto and made a part hereof.
<br />
<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 oflocation and size of said alternative right-of-way, at no cost to LESSEE.
<br />
<br />2. SURVEY. LESSOR also hereb.. 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 />
<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 />
<br />4. RENT. After the Commencement Date, rental payments will be due in an annual rental
<br />amount of Twelve Thousand 00/100 Dollars ($12,000.00) to be paid in equal monthly installments of One
<br />Thousand and 00/100 Dollars ($1,000.00) per month on the first day of the month, in advance, to LESSOR
<br />or to such other person, firm or place as the LESSOR may, from time to time, designate in writing at least
<br />thirty (30) days in advance of any rental payment date. Rent shall commence upon the issuance of a
<br />building permit or six (6) months after the date of full 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
<br />LESSOR has complied with all applicable notice and cure provisions herein, LESSEE agrees to pay a late
<br />
<br />Site No: LA2825A
<br />Site Address: 2302 % Raitt Street, Santa Ana, CA 92704
<br />
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