OMNIPOINT (T-MOBILE) - 2009 - Laserfiche WebLink

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lotopy TEMPORARY UTILITY AGREEMENT THIS TEMPORARY UTILITY AGREEMENT (this "Agreement") between City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("Landlord"), and Omnipoint Communications, Inc., a subsidiary of T-Mobile USA, Inc., a Delaware corporation ("Tenant"). Landlord is the owner of the property at 1801 W. Segerstrom Ave., City of Santa Ana, State of California. Tenant is leasing a portion of the property from Landlord. Tenant desires to temporarily use electricity from Landlord to operate Tenant's equipment. Landlord agrees to provide Tenant with electricity as indicated above. For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Landlord and Tenant hereby agree to the terms as follows: Term. The initial term of this Agreement shall be for ninety (90) days commencing on the date that the Agreement is fully executed (Commencement Date). 2. Renewal. The term of this Agreement will be automatically renewed for three (3) additional terms of ninety (90) days each, unless Tenant notifies Landlord, in writing, of Tenant's intention not to renew this Agreement, at least thirty (30) days prior to the expiration of the Initial Term or any Renewal Term. If Tenant still requires temporary utility use at the expiration of this Agreement or any Renewal Term without a written agreement, such utility use shall be deemed month -to -month under the same terms and conditions of this Agreement. 3. Utility service. a) Tenant has the right to use electricity to operate its equipment. As consideration, Tenant shall pay rent to Landlord on a monthly basis of Two Hundred and no/100 Dollars ($200.00) beginning on the Commencement Date and stopping on the date that Tenant no longer uses such electricity. b) Payments shall be sent to 20 Civic Center Plz. Santa Ana, CA 92701. 4. Notices. Notices to each party shall be in writing. Notices to Landlord shall be to Landlord's address. Notices to Tenant shall be to Omnipoint Communications Inc., 3 MacArthur Place, # 1100, Santa Ana, CA 92707, Attn: Property Management. Faxed Signature. The parties agree that a faxed copy of the Agreement with a proper signature is acceptable and shall have the same binding effect as an original Agreement with proper signature. Landlord: City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California Tenant: Omnipoint Communications Inc. B / B Name: David N. Ream Name: Title: City Manager I Title: Date: Date: *E Page 1