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LAND LEASE AGREF.11fENT BETWEEN
<br /> THE CITY OF SANTA ANA AND T-MORILE WEST' CORPORATION
<br /> for
<br /> ADAMS PARK
<br /> This Agreement, made this day of , 2010, betwern the City of Santa Ana, a charter
<br /> city and municipal corporation organized and existing under the Constitution and laws of the State of California,
<br /> hereinafter designated "LESSOR" and T-Mobile West Corporation, a Delaware corporation, hereinafter designated
<br /> "LESSEE". The LESSOR and LESSEE are ut times collectively referred to hereinafter as the "Ponies".
<br /> I. 1'RF;MISES. LESSOR hereby leases to LESSEE a portion of that certain parcel of property
<br /> commonly known as Adams Park (the entirety of LHSSOR's property is referred to hereinafter as "the Property" and
<br /> a legal description of the Propeny is attached hereto as Exhibit "A"), located at 2302 S. Raitt SOcet, Santa Ana, CA
<br /> 92704, and being described as an eleven foot, nine inch (I I'-9") by xventeen foot, three inch (17'-3") space on the
<br /> ground containing two hundred three (203) square feel, for LGSSEE's undergroundul equipmeol cabinets, space for
<br /> LESSEG's communications tower, and space required for cable runs [o connect LESSEE'S' equipmem and antennas.
<br /> together with the nonexclusive right for ingress and ogress from artJ to the nearest public right-of-way, xven (7)
<br /> days a week, twenty-four (24) hottrs a day, subjen to any restrictions stated herein, on loot or motor vehicle,
<br /> including trucks, and for the installation and maintenance ofutility wires, poles, cables, conduits, and pipes over,
<br /> undeq or within the building to the demised premixs, said demised premises and access and utilities paths
<br /> (hereinafter collectively referred to as the "Premises") for access being substamially as' described herein in Exhibit
<br /> "F3" attached hereto and made a pan hermf.
<br /> 2. ~U
<br /> V~El(. LESSOR also hereby grants to LESSEE the right to survey the Property and the
<br /> Premises, and said survey along with detailed site plans shall then become Exhibit "A" which shall be attached
<br /> hereto and made a part hereof, and shall control in the event of boundary and access discrepancies betwern it and
<br /> Exhibit "A". Costs incurred for such work shall br borne by LESSEE.
<br /> 3. TERIy, This Agreement shall be effective as of the date of execution by both parties, provided,
<br /> however, the inrtinl term shall be fur ten (10) years and shall commence on the Commencement Date (defned
<br /> below).
<br /> 4. RLNT. After the Commencement Dale, rental payments will be due in an annual. rental amount of
<br /> twenty-eight thousand eight hundred dollars ($28,800.00) to be paid in equal monOtly installments of two thousand
<br /> four hundred dollars ($2,400.00) per month on the first day of the month, in advance, to LESSOR or to such Dther
<br /> person, firm or place as the LESSOR may, fiom time to time, designate in writing at least thirty (30) days in
<br /> advance of any rental paymem date. Rent shall commence on the first day of the month following the issuance oC
<br /> the building permit (or LESSEE'S Facilities (as defined below), or the firs[ day of the month that is six (6) months
<br /> otter the full execution of this Agreement or the first day of the month following the date LESSEE commences
<br /> installation of LESSEE'S Facilities on the Premises, whichever occurs first ("Commenement Date"). If rent is not
<br /> paid within lifteen (IS) days after the due date and provided LL'SSOR has complied with DII applicable notice and
<br />
<br /> cure provisions herein, LESSEE agrees [o pay a Isle charge eyual to six percent (6%) of the then-current monthly
<br /> rent. Rental amounts attributable to partial months shall be prorated ou a daily basis.
<br /> 5. ANNUAL RENTAL INCREASES. The rem pnymems shall br subject to an animal rental
<br /> inereax of four percent (4%) per year, to be increased on Hach anniversary of the Commencement Dare.
<br /> 6. INITIAL PAYMENT. LESSEE hereby agrees to pay to LESSOR aone-time, non-recurring, non-
<br />
<br /> refundable paymem equal to tzn thousand dollars ($10,000.00), within thirty (30) days aHer the Commencemem
<br /> Dote. Notwithstanding the above, LESSOR shall refund LESSEE the initial $10,000.00 payment in the rvem
<br /> LESSEE is unable, due to thz sole fault and umeasnnable delay of LESSOR, to obtain all Approvals necessary to
<br />
<br /> construct LESSEE'S Facilities, within six (6) months alter the full execution of this Agreement.
<br /> 7. EXTENSIONS. The Lease Agreement may be extended For up to three (3) additional five (5)-
<br />
<br /> yznr terms (each a "Renewal Term"). Each Renewal Term shall be on the terms and conditions as se[ forth herein as
<br /> li+l lows:
<br />
<br /> Sim M; LAJSa35n I
<br />
<br /> Sim Name: Adams Park
<br /> fhtc 06!!7ROID nn
<br /> F~,S
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