25B - CELLULAR ANTENNA AT ROSITA PARK

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all governmental agencies having jurisdiction thereover, with a future tower co- location user, subject to LESSOR receiving eighty percent (80 %) of the tower rent received by LESSEE. LESSEE shall provide for LESSOR'S consent on any TOWER LEASE AGREEMENT and copies of the executed agreement. The Party's intent in allowing LESSEE to collect rent is to provide a means by which LESSEE can recoup its cost of construction and maintenance of said tower facilities on a pro -rata basis with subsequent users. The Parties intend that LESSOR, and not LESSEE, should benefit financially, from any future tower co- location agreement. Additionally, LESSEE shall deliver to LESSOR a copy of any Inter - carrier Co- location Agreement which relates to the Premises. 26. NOTICES. All notices hereunder must be in writing and shall be deemed validly given if sent by certified mail, return receipt requested or by commercial courier, provided the courier's regular business is delivery service and provided further that it guarantees delivery to the addressee by the end of the next business day following the courier's receipt from the sender, addressed as follows (or any other address that the Party to be notified may have designated to the sender by like notice): LESSOR: City of Santa Ana Clerk of the Council 20 Civic Center Plaza (M -30) Santa Ana, CA 92702 Courtesy City of Santa Ana — Office of the City Copies to Attorney 20 Civic Center Plaza (M -29) P.O. Box 1988 Santa Ana, California 92702 and ATS Communications 22651 Lambert Street, Suite I01A Lake Forest, California 92630 Attn: Tony Ingegneri LESSEE: T- Mobile USA, Inc. 12920 SE 38th Street Bellevue, Washington 98006 Attn: PCS Lease Administrator Copy to: Omnipoint Communications (Site #LA33321C) 3 MacArthur Place, Suite 1100 Santa Ana, California 92707 Attn: Lease Administration Manager 10 Rosita Park 25B -12