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FULL PACKET_2009-12-21
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FULL PACKET_2009-12-21
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Last modified
1/3/2012 4:12:27 PM
Creation date
12/16/2009 11:28:24 AM
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City Clerk
Doc Type
Agenda Packet
Date
12/21/2009
Destruction Year
2014
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LAND LEASE AGREEMENT BETWEEN <br /> THE CITY OF SANTA ANA AND OMNIPOINT COMMUNICATIONS, INC. <br /> for <br /> (Rosita Park) <br /> This Agreement, made this 21St day of December, 2009, between the City of Santa <br /> Ana, a charter city and municipal corporation organized and existing under the <br /> Constitution and laws of the State of California hereinafter designated "LESSOR" and <br /> Omnipoint Communications, Inc., a subsidiary of T-Mobile USA, Inc., a Delaware <br /> corporation hereinafter designated "LESSEE". The LESSOR and LESSEE are at times <br /> collectively referred to hereinafter as the "Parties". <br /> 1. PREMISES. LESSOR hereby leases to LESSEE a portion of that certain <br /> parcel of property commonly known as Rosita Park (the entirety of LESSOR'S property <br /> is referred to hereinafter as "the Property" and a legal description of the Property is <br /> attached hereto as Exhibit "A"), located at 706 N. Newhope, Santa Ana CA,92703, and <br /> being described as a fifteen foot (15') by twenty foot (20') space on the ground <br /> containing three hundred (300) (square feet, for LESSEE's radio equipment cabinets, and <br /> space required for cable runs to connect LESSEE's equipment and antennas, together <br /> with the non-exclusive right for ingress and egress from and to the nearest public <br /> 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 <br /> installation and maintenance of utility wires, poles, cables, conduits, and pipes over, <br /> under, or within the building to the demised premises, said demised premises and access <br /> and utilities paths (hereinafter collectively referred to as the "Premises") for access being <br /> substantially as described herein in Exhibit "B" attached hereto and made a part hereof. <br /> 2. SURVEY. LESSOR also hereby grants to LESSEE the right to survey the <br /> Property and the Premises, and said survey along with detailed site plans shall then <br /> become Exhibit "B" which shall be attached hereto and made a part hereof, and shall <br /> control in the event of boundary and access discrepancies between it and Exhibit "A". <br /> 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 <br /> both parties, provided, however, the initial term shall be for ten (10) years and shall <br /> commence on the Commencement Date (defined below). <br /> 4. RENT. After the Commencement Date, rental payments will be due in an <br /> annual rental amount oftwenty-eight thousand, eight hundred dollars ($28,800.00) to be <br /> paid in equal monthly installments of two thousand, four hundred dollars ($2,400.00) per <br /> month on the first day of the month, in advance, to LESSOR or to such other person, firm <br /> or place as the LESSOR may, from time to time, designate in writing at least thirty (30) <br /> days in advance of any rental payment date. Rent shall commence on the first day of the <br /> month following the issuance of the building permit for LESSEE'S Facilities (as defined <br /> below), or the first day of the month that is six (6) months after the full execution of this <br /> 1 <br /> <br /> Rosita Park <br /> 25B-3 <br /> <br />
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