25E - CELLULAR ANTENNA - ADAMS PARK

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LGSSOIi: City of Sanw Ana Clerk of the Council 20 Civic Center Plea (M-30) P.O. Box 1988 Santa Ana, CA 42702 Courtesy City of Santa Ana -Office of the City Anomcy Copies to 20 Civic Center Plaza (M-29) P.O. Box 1986 Santa Ana, California 92702 LESSEE: T-Mobile USA, Inc. 12920 SE 38's Street Bellevue, WA 98006 Attn: PCS Leese Administrator, Sim p: LA33835A W ilh a copy to: Attn: Legal Dept. Copy lo: T-Mobile West Corporation 2008 McCaw Avenue Irvine, CA 92614 Alm: Lease Administration Manager. Site N: LAJ3835A Notice shall be effective upon mailing or delivering the same to a commercial courier, as permitted above. 27. SUCCESSORS. This Agreement shall extend to and bind the heirs, personal represcnwtives, successors, administrators and assigns of the Parries hereto. 26. RELOCATION RIGHT. A. Anytime within the initial term, LESSOR shall have the right to cause LESSEE to relocate LIiSSEF,'s Facilities to almmate space on the Property; provided however, that such relocation shall (I) be at LESSOR'S cost and expense which shall be limited to reasonable expenses of moving and re-installing the tower strucwre and accompanying equipment, including [he cost of City permits and fees which LESBOR may legally pay, (2) be performed by LESSER or its agents, (3) not result in any interruption of the communications service provided by LESSEE on the Progeny, (4) not impair, or in any manner alter, the quality of communications service provided by LESSEE on and from the Propert}~, and (5) be done in accordance with subsections B and C below. Upon relocation of LESSEE'S Facilities, the access and utility rights of way will he reloeamd as required, in the sole discretion of LESSOR, to operate and mainwin LESSEE'S Facilities. B. LESSOR shall exercise its relocation right under subsection A above by (and only by) delivering written notice (the "Notice°) to LESSEE. In the Notice, LESSOR shall propose an alternate site within or on the Property to which LESSEE may relocate LESSEE'S Facilities. LESSEE shall hove sixty (GO) days from the date it receives the Notice to evaluate LESSOR'S proposed relaxation site, during which period LESSEE shall have the right to carduct costs to detemtine the technological feasibility of the proposed relocation site. If LESSEE fails to disapprove of such proposed relocation site in writing within the sixty-0ay period, LESSEE shall be deemed have approved such proposed relaxation site. If LESSEE disapproves such relocation site, then LESSOR may thereafter propose another relocation Sim by Notice to LESSEE in the manner set forth above. Any relocation site which LESSOR and LESSEE agree upon in writing shall be referred to as the "Relocation Site:' LF,SSEE shall have up to twelve (12) months after execution of a written agreement between the parties concerning the locution and dimensions of the Relocation Site to relocate LESSEE'S Facilities to the Kelocutiar Sim. Upon relocation of LESSF.E's Facilities to the Relocation Site, all relirences to the Premises herein shall be deemed [o be references w the Relocation Site. LESSOR and LESSEE agree that the Relocation Sitc (including the access and wiliry right of way) may be surveyed by a licensed surveyor at the sole cost of LESSEE., and such survey will thtn replace Exhibit "B" and become a pan hereof and will control or describe the Premises. Except as expressly provided, LESSOR and LESSL"E hereby agree that in no event will the relocation of LESSEE'S Pacilitios, or any part thereof, under subsection A above, affect, alter, modify or otherwise change any of the mints and conditions of this Agreement. Sim M: LA]]8)SA 7 Siro Numc..4damv ParA n:ur. uamcoio 7~.G_Q