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INSURANCE NC)T DN, PPE
<br />WORK MAY Nr,,r PkCJ F ELS
<br />CLERK OF (:"OUNUL
<br />r)ATE: 3-2-0-4:�9
<br />LEASE AGREEMENT BETWEEN
<br />THE CITY OF SANTA ANA AND T -MOBILE
<br />REGARDING COMMUNICATION TOWER FACILITIES
<br />AT EL SALVADOR PARK
<br />A-2008-290
<br />This Agreement, made this 17'h day of November, 2008, between the City of Santa Ana, a charter city and
<br />municipal corporation organized and existing under the Constitution and laws of the State of California hereinafter
<br />designated "LESSOR" and Omnipoint Communications, Inc., as 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 />1. PREMISES. LESSOR hereby leases to LESSEE a portion of that certain parcel of property
<br />commonly known as El Salvador Park (the entirety of LESSOR's property is referred to hereinafter as "the
<br />Property" and a legal description of the Property is attached hereto as Exhibit "A"), located at 1825 Civic Center
<br />Drive West, Santa Ana CA, 92703, APN:405-121-11, and being described as a 15'0" by 22'0" parcel containing 330
<br />square feet including space for LESSEE's Equipment Shelter and access for the installation of a Monopine
<br />Communications Tower Structure located on the Property, and access for the antenna support structure 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 />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 borne 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 ($28,800.00) to be paid in equal monthly installments of two thousand four
<br />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 commence upon the issuance of the building permit for LESSEE's
<br />Facilities (as defined below), or twelve (12) months after the 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 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. All Rent and Deposits shall be deposited according to the directions outlined in Exhibit "G".
<br />5. ANNUAL RENTAL INCREASES. The rent payments shall be subject to an annual rental
<br />increase of four percent (4%) per year, to be increased on each anniversary of the Commencement Date.
<br />6. INITIAL PAYMENT. In recognitions that the Commencement Date may not occur concurrent
<br />with the execution of this Agreement by all parties, LESSEE hereby agrees to pay to LESSOR a one-time, non-
<br />recurring, non-refundable payment equal to one (1) months rent, within thirty (30) days after the Commencement
<br />Date. Notwithstanding the above, Lessor shall refund Lessee the initial payment in the event Lessee is unable, due
<br />to the sole fault and unreasonable delay of Lessor, to obtain all Approvals necessary to construct Lessee's facilities,
<br />within 6 months after the full execution of this agreement.
<br />7. EXTENSIONS. The Lease Agreement may be extended for up to three (3) additional five-year
<br />(5) terms (each a "Renewal Term"). Each Renewal Term shall be on the terms and conditions as set forth herein
<br />Site No: LA03009C / El Savador Park Pagel of 23
<br />Site Address: 1825 Civic Center Drive West, Santa Ana, CA 92703
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