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("Commencement Date"). if rent is not paid within fifteen (15) days after the due date <br /> and provided LESSOR has complied with all applicable notice and cure provisions <br /> herein, LESSEE agrees to pay a late chazge equal to six percent (6%) of the then-current <br /> monthly rent. Rental amounts attributable to partial months shall be prorated on a daily <br /> basis. <br /> 5. ANNUAL RENTAL INCREASES The rent payments shall be subject to <br /> an annual rental increase of four percent (4%) per year, to be increased on each <br /> anniversazy of the Commencement Date. <br /> 6. 1NI'flAl. PAYMENT. LESSEE hereby agrees to pay to LESSOR a one- <br /> time, non-recurring, non-refundable payment equal to one month's rent, within thirty (30) <br /> days after the Commencement Date. Notwithstanding the above, Lessor shall refund <br /> Lessee the initial payment in the event Lessee is unable, due to the sole fault and <br /> unreasonable delay of Lessor, to obtain all Approvals necessary to construct Lessee's <br /> facilities, within 6 months afterthe full execution of this agreement. <br /> 7. EXTENSIONS. The Lease Agreement may be extended for up to three <br /> (3) additional five-year (5) terms (each a "Renewal Tenn"). Each Renewal Term shall be <br /> on the terms and conditions as set forth herein as follows: <br /> (i) Six months prior to the expiration of the initial term, if LESSOR, in its <br /> reasonable discretion de[ennines that LESSEE'S continued tenancy is not in conformity <br /> with LESSOR'S intended use of the Property, LESSOR shall provide written notice to <br /> LESSEE that the [.ease will not be extended. <br /> (ii)'I'hereafter, each subsequent renewal shall be subject to the following <br /> procedure: If LESSEE determines that it desires to extend the term LESSEE shall provide <br /> written notice six (6) months prior to the end of the then current teen. Within sixty (60) <br /> days of receipt of LESSEE'S notice, LESSOR shall determine whether such extension is <br /> in LESSOR'S best interest and, if not in LESSOR'S interest, LESSOR shall deny such <br /> extension request. <br /> If LESSOR does not respond within sixty (60) days, the lease is deemed renewed <br /> for an additional Renewal Term. If neither party provides notice as set forth above, the <br /> lease shall continue on amonth-to-month basis. <br /> 8. GOVERNMENTAL APPROVAt.C. It is understood and agreed that <br /> LESSEE'S ability to use the Premises is contingent upon its obtaining all of the <br /> certificates, pemrits and other approvals (collectively the "Governmental Approvals") <br /> that may be required by any Federal, State or local authorities as well as satisfactory soil <br /> boring tests which will pemvt LESSEE'S use of the Premises as set forth herein. <br /> LESSOR shall cooperate with LESSEF, in its effort to obtain such approvals and shall <br /> take no action, which would adversely affect the status of the Property with respect to the <br /> proposed use by LESSEE. <br /> LESSEE shall contribute Ten Thousand Dollars ($10,000.00) to be utilized for <br /> Santa Ana Park Improvements at the discretion of the Executive Director of the Parks, <br /> Recreation and Community Services Agency. <br /> <br /> T-MOBILE: <br /> RIVGRVIIiW PARK <br /> 25F-4 <br /> <br />