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A- 2010 -133
<br />INSUA�Np� �� ��EED
<br />�u
<br />WpRKMAy N_ � p". LAND LEASE AGREEMENT BETWEEN
<br />GL�RK �� �. THE CITY OF SANTA ANA AND T- MOBILE WEST CORPORATION
<br />nDiE. AUG 9 2010 for
<br />ADAMS PARK
<br />This Agreement, made this day of , 2010, between the City of Santa Ana, a charter
<br />city and municipal corporation organized and existing under a 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 at times collectively referred to hereinafter as the "Parties ".
<br />cis 1. PREMISES. LESSOR hereby leases to LESSEE a portion of that certain parcel of property
<br />commonly known as Adams Park (the entirety of LESSOR's property is referred to hereinafter as "the Property" and
<br />o a legal description of the Property is attached hereto as Exhibit "A "), located at 2302 S. Raitt Street, Santa Ana, CA
<br />S 92704, and being described as an eleven foot, nine inch (I F -9 ") by seventeen foot, three inch (17' -3 ") space on the
<br />O ground containing two hundred three (203) square feet, for LESSEE's undergrounded equipment cabinets, space for
<br />LESSEE's communications tower, and space required for cable runs to connect LESSEE's equipment and antennas,
<br />together with the non - exclusive right for ingress and egress from and to the nearest public right -of -way, seven (7)
<br />days a week, twenty-four (24) hours a day, subject to any restrictions stated herein, on foot or motor vehicle,
<br />including trucks, and for the installation and maintenance of utility wires, poles, cables, conduits, and pipes over,
<br />under, or within the building to the demised premises, said demised premises and access and utilities paths
<br />(hereinafter collectively referred to as the "Premises ") for access being substantially as described herein in Exhibit
<br />"B" attached hereto and made a part hereof.
<br />2. SURVEY. 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 `B" which shall be attached
<br />hereto and made a part hereof, and shall control in the event of boundary and access discrepancies between it and
<br />Exhibit "A ". Costs incurred for such work shall be borne by LESSEE.
<br />3. TERM. This Agreement shall be effective as of the date of execution by both parties, provided,
<br />however, the initial term shall be for ten (10) years and shall commence on the Commencement Date (defined
<br />below).
<br />4. RENT. After the Commencement Date, 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 monthly 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 other
<br />person, firm or place as the LESSOR may, from time to time, designate in writing at least thirty (30) days in
<br />advance of any rental payment date. Rent shall commence on the first day of the month following the issuance of
<br />the building permit for LESSEE's Facilities (as defined below), or the first day of the month that is six (6) months
<br />after 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 ( "Commencement Date "). If rent is not
<br />paid within fifteen (15) days after the due date and provided LESSOR has complied with all applicable notice and
<br />cure provisions herein, LESSEE agrees to pay a late charge equal to six percent (6 %) of the then - current monthly
<br />rent. Rental amounts attributable to partial months shall be prorated on a daily basis.
<br />5. ANNUAL RENTAL INCREASES. The rent payments shall be subject to an annual rental
<br />increase of four percent (4 %) per year, to be increased on each anniversary of the Commencement Date.
<br />6. INITIAL PAYMENT. LESSEE hereby agrees to pay to LESSOR a one -time, non - recurring, non-
<br />refundable payment equal to ten thousand dollars ($10,000.00), within thirty (30) days after the Commencement
<br />Date. Notwithstanding the above, LESSOR shall refund LESSEE the initial $10,000.00 payment in the event
<br />LESSEE is unable, due to the sole fault and unreasonable delay of LESSOR, to obtain all Approvals necessary to
<br />construct LESSEE's Facilities, within six (6) months after the full execution of this Agreement.
<br />7. EXTENSIONS. The Lease Agreement may be extended for up to three (3) additional five (5)-
<br />year terms (each a "Renewal Term "). Each Renewal Term shall be on the terms and conditions as set forth herein as
<br />follows:
<br />Site #: LA33835A
<br />Site Name: Adams Park
<br />Date: 04/27/2010
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