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25D - INSTALL ATION OF COMMUNICATIONS EQUIPMENT
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25D - INSTALL ATION OF COMMUNICATIONS EQUIPMENT
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1/3/2012 4:13:23 PM
Creation date
12/2/2009 3:19:16 PM
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City Clerk
Doc Type
Agenda Packet
Item #
25D
Date
12/7/2009
Destruction Year
2014
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AMENDMENT TO LAND LEASE AGREEMENT <br /> THIS AMENDMENT TO LAND LEASE AGREEMENT ("Amendment") is entered as of <br /> <br /> the latter of the signature dates below by and between the CITY OF SANTA ANA, a charter city <br /> and municipal corporation organized and existing under the Constitution and laws of the State of <br /> California ("Lessor") and TOWERCO ASSETS LLC, a Delaware limited liability company <br /> ("Lessee"). <br /> RECITALS <br /> A. Lessor entered into that certain Land Lease Agreement dated June 3, 2002, with <br /> Sprint P.C.S Assets, L.L.C., a Delaware limited liability company ("Sprint/Nextel") (the <br /> "Agreement"), for certain real property and easements (collectively, the "Premises"), which are a <br /> portion of that certain parcel of real property located at 2915 West La Verne Ave., Santa Ana, <br /> CA 92704 (the "Land"). <br /> B. Sprint/Nextel assigned all its right, title and interest in, to and under the <br /> Agreement to Tower Entity 4 LLC ("Tower Entity"), by that certain Assignment and <br /> Assumption of Ground Lease dated September 23, 2008 (the "Assignment"). Thereafter, Tower <br /> Entity was acquired by and merged into Lessee. <br /> C. The Assignment was recorded in the Official Records of the County of Orange, <br /> State of California, as Document No. 2009000020370, on January 16, 2009. <br /> B. Lessee desires to sublease space at the Premises to Clear Wireless LLC <br /> ("Clearwire"), and Lessor agrees to consent to such sublease, all in accordance with the terms <br /> and conditions as set forth below. <br /> NOW, THEREFORE, for and in consideration of the promises and mutual covenants <br /> herein contained and other good and valuable consideration, the receipt and sufficiency of which <br /> is hereby acknowledged, the parties hereby agree to amend the Agreement as follows: <br /> 1. Sublease. Pursuant to the requirements of the Agreement, Lessor hereby consents <br /> to Lessee entering into a sublease with Clearwire ("Clearwire Sublease") to allow for the co- <br /> location of Clearwire equipment in conformance with the site plan, equipment plan and antenna <br /> configuration approved by the City. <br /> 2. Rent. As consideration for Lessor's consent to the Clearwire Sublease, the Rent <br /> shall be increased by the sum of Three Hundred and no/100 Dollars ($300.00) per month <br /> effective as of the first day of the month following the commencement date of the Clearwire <br /> Sublease and continuing through the term of the Clearwire Sublease (the "Sublease Fee"). The <br /> Rent, as increased hereby, shall continue to increase pursuant to the terms of the Agreement. <br /> The Sublease Fee shall terminate on the date the Clearwire Sublease terminates or expires and <br /> <br /> the Rent thereafter shall be reduced by an amount equal to the Sublease Fee as of the date of <br /> such termination or expiration. <br /> <br /> CA2930 -Windsor Pazk <br /> First Amendment <br /> <br /> DM# vl <br /> 25~-3 <br /> <br />
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