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A-2001-060 <br />STADIUM LEASE <br />BETWEEN THE CITY OF SANTA ANA <br />AND AB CELLULAR HOLDING, LLC (AT&T) <br />"Landlord". City of Santa Ana, a charter city <br />and municipal corporation of the State of <br />California. <br />"Tenant". AB Cellular Holding, LLC <br />a Delaware limited liability company, dba AT&T <br />Wireless Services <br />"Landlord's Property": The property as <br />described in Exhibit "A-1." <br />1. Lease. The Effective Date hereof shall be <br />J. k , 2001. As of such Effective Date, <br />Landlord leases a portion of Landlord's Property <br />to Tenant, referred to in this Lease as the <br />"Premises", and more particularly described <br />below: {MARK APPLICABLE <br />PARAGRAPHS} <br />(a) Real property comprised of parcels <br />measuring approximately <br />square feet and measuring <br />approximately square feet, as <br />defined and depicted on Exhibit "A-2"; <br />E (b) Building interior space comprised <br />of approximately square feet and <br />known as suite/room or <br />(described) located at: (address) <br />(c) Building exterior (including roof <br />top) space as required for antenna <br />support structures and attachment of <br />antennas and/or microwave dishes: <br />Together with a grant by Landlord to Tenant of a <br />non-exclusive underground license ("License") <br />to establish utility connections to and/or between <br />Tenant's equipment and antenna installations <br />situated substantially as shown on Exhibit "A-2" <br />and with a grant by Landlord to Tenant of a <br />revocable, non-exclusive right to (i) access the <br />Landlord's Property and the Premises, except as <br />provided in Paragraph 16 herein below, 7 days a <br />week, 24 hours a day for the purpose of Tenant's <br />use as described in Paragraph 5 herein below; <br />and (ii) to install, maintain, replace and repair, <br />from time to time, all necessary cables, conduits <br />and pipes from the Premises to the nearest <br />appropriate utility connections subject to the <br />notice provision outlined in Paragraph 17 herein <br />below. Tenant shall be allowed to install and <br />maintain a temporary power source at an <br />appropriate location within Landlord's Property <br />AT&T C-840 (Downtown Santa Ana) <br />as approved approved by Landlord. Tenant may <br />occasionally park its vehicles on Landlord's <br />Property when Tenant is installing, removing or <br />servicing its Communications Facility. Upon lei I'V <br />signing of this Lease by the parties, Tenant shall <br />have the right to survey and test the Landlord's <br />Property. <br />2. Term. Ten (10) years beginning on the <br />Effective Date. Prior to expiration of the Lease, <br />Tenant shall remove all improvements and <br />restore the Property and Premises to its original <br />condition, excepting normal wear and tear. <br />Upon expiration of the Lease, Tenant shall <br />surrender possession of the Premises and <br />Property to the Landlord. <br />3. Extensions. Tenant is granted options to <br />extend this Lease for up to two (2) additional <br />five (5) year periods by giving Landlord written <br />notice at least 90 days before the term or <br />extended term ends. Prior to the commencement <br />of each extension period, Tenant shall resubmit <br />its plans for the Communications Facility to the <br />Planning and Building Agency of the City of <br />Santa Ana for review, approval and conformity <br />with all existing local laws and regulations. <br />However, Landlord reserves the right to deny <br />such extensions by giving Tenant written notice <br />no less than six (6) months before the term or <br />extended term ends, if the Landlord decides in its <br />reasonable discretion that Tenant's continued <br />tenancy would be not be in conformity with the <br />Landlord's intended use of its Property at such <br />time. <br />4. Rent. Annual Rent for the Premises shall be <br />Fourteen Thousand Four Hundred and 00/100 <br />Dollars ($14,400) payable in one annual <br />payment, or equal monthly installments, in <br />advance, on the first day of each calendar month <br />during the Term (including a prorated portion for <br />an initial partial month, if any, and excluding a <br />prorated portion for the last partial month, if <br />any). The rent payments shall be subject to an <br />annual rent increase of 3% per year. Annual Rent <br />shall be fully abated until construction is <br />commenced by Tenant or, until four (4),months <br />after the Effective Date, whichever occurs first. <br />In the event this Lease is terminated pursuant to <br />Paragraph 6 (or is otherwise terminated early in <br />accordance with the terms and condition hereof), <br />Final - Stadium Lease Agreement <br />Pagel of 8 <br />