25G - CELLULAR ANTENNA AT ROSITA PARK

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LAND LEASE AGREEMENT BETWEEN THE CITY OF SANTA ANA AND OMNIPOINT COMMUNICATIONS, INC. for (Rosita Park) This Agreement, made this 8th day of September, 2009, between the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California hereinafter designated "LESSOR" and Omnipoint Communications, Inc., a subsidiary of T-Mobile USA, Inc., a Delaware corporation hereinafter designated "LESSEE". The LESSOR and LESSEE are at times collectively referred to hereinafter as the "Parties". I . PREMISES. LESSOR hereby leases to LESSEE a portion of that certain parcel of property commonly known as Rosita Park (the entirety of LESSOR's property is referred to hereinafter as "the Property" and a legal description of the Property is attached hereto as Exhibit "A"), located at 706 N. Newhope, Santa Ana CA,92703, and being described as a fifteen foot (15') by twenty foot (20') space on the ground containing three hundred (300) (square feet, for LESSEE's radio equipment cabinets , and space required for cable runs to connect LESSEE's equipment and antennas, together with the non-exclusive right for ingress and egress from and to the nearest public right-of--way, seven (7) days a week, twenty-four (24) hours a day, subject to any restrictions stated herein, on foot or motor vehicle, including trucks, and for the installation and maintenance of utility wires, poles, cables, conduits, and pipes over, under, or within the building to the demised premises, said demised premises and access and utilities paths (hereinafter collectively referred to as the "Premises") for access being substantially as described herein in Exhibit "B" attached hereto and made a part hereof. 2. SURVEY. LESSOR also hereby grants to LESSEE the right to survey the Property and the Premises, and said survey along with detailed site plans shall then become Exhibit "B" which shall be attached hereto and made a part hereof, and shall control in the event of boundary and access discrepancies between it and Exhibit "A". Costs incurred for such work shall be borne by LESSEE. 3. TERM. This Agreement shall be effective as of the date of execution by both parties, provided, however, the initial term shall be for ten (10) years and shall commence on the Commencement Date (defined below). 4. RENT. After the Commencement Date, rental payments will be due in an annual rental amount oftwenty-eight thousand, eight hundred dollars ($28,800.00) to be paid in equal monthly installments of two thousand, four hundred dollars ($2,400.00) per month on the first day of the month, in advance, to LESSOR or to such other person, firm or place as the LESSOR may, from time to time, designate in writing at least thirty (30) days in advance of any rental payment date. Rent shall commence on the first day of the month following the issuance of the building permit for LESSEE's Facilities (as defined below), or the first day of the month that is six (6) months after the full execution of this agreement or the first day of the month following the date LESSEE commences 25G-7