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chall enter intn a TnWer T.eace Agreement nr cnhleace cnhiert to all nennitc and annrnvalc frnm <br /> shall enter into a Tower Lease Agreement, or sublease, subject to all permits and approvals from <br /> all governmental agencies having jurisdiction thereover, with a future tower co-location user, <br /> subject to (i) LESSEE'S right to require any such future co-location user to reimburse LESSEE <br /> for apro-rata shaze of the costs of the tower and its installation, and (ii) LESSOR receiving <br /> eighty percent (80%) of the tower rent received by LESSEE. LESSEE shall provide for <br /> LESSOR'S consent on any Tower Lease Agreement, or sublease and affidavits stating the <br /> sublease rent. The Party's intent in allowing LESSEE to collect rent and apro-rata <br /> reimbursement of costs is to provide a means by which LESSEE can recoup its cost of <br /> construction and maintenance of said tower facilities on a pro-rata basis with subsequent users. <br /> The Parties intend that LESSOR, and not LESSEE, should benefit financially, from any future <br /> <br /> tower co-location agreement. Any future carrier or co-locator shall enter into a separate ground <br /> lease agreement with the City. <br /> 26. NOTICES. All notices hereunder must be in writing and shall be deemed validly <br /> given if sent by certified mail, return receipt requested or by commercial courier, provided the <br /> courier's regular business is delivery service and provided further that it guarantees delivery to <br /> <br /> the addressee by the end of the next business day following the courier's receipt from the sender, <br /> addressed as follows (or any other address that the Party to be notified may have designated to <br /> <br /> the sender by like notice): <br /> <br /> LESSOR: City of Santa Ana <br /> Clerk of the Council <br /> 20 Civic Center Plaza (M-30) <br /> P.O. Box 1988 <br /> Santa Ana, CA 92702 <br /> Courtesy City of Santa Ana -Office of the City Attorney <br /> Copies to 20 Civic Center Plaza (M-29) <br /> P.O. Box 1988 <br /> Santa Ana, California 92702 <br /> LESSEE: New Cingular Wireless PCS, LLC, <br /> Attn: Network Real Estate Administration <br /> Re: Cell Site # 000240 <br /> Fixed Asset <br /> 12555 Cingulaz Way, Suite 1300 <br /> Aphazetta, GA 30004 <br /> <br /> Notice shall be effective upon mailing or delivering the same to a commercial courier, as <br /> permitted above. <br /> 27. SUCCESSORS. This Agreement shall extend to and bind the heirs, personal <br /> representatives, successors, administrators and assigns of the Parties hereto. <br /> 28. RELOCATION RIGHT. <br /> A. Anytime within the initial term, LESSOR shall have the right to cause <br /> LESSEE to relocate LESSEE'S Facilities to alternate space on the Property; provided however, <br /> 25G-11 <br /> <br />