|
LAND LEASE AGREEMENT BETWEEN
<br />THE CITY OF SANTA ANA AND T-MOBILE WEST CORPORATION
<br />for
<br />DELHI 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 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 at times collectively referred to hereinafter as the "Parties".
<br />1. PREMISES. LESSOR hereby leases to LESSEE a portion of that certain parcel of property
<br />commonly known as Delhi Park (the entirety of LESSOR's property is referred to hereinafter as "the Property" and
<br />a legal description of the Property is attached hereto as Exhibit "A"), located at 730 E. Warner Ave., Santa Ana, CA
<br />92707, and being described as a twenty-two foot (22') by twenty foot (20') space on the ground containing four
<br />hundred forty (440) square feet for LESSEE's radio equipment cabinets, a fourteen foot (14') by fourteen foot (14')
<br />space on the ground containing one hundred ninety-six (196) square feet for LESSEE's tower, and space required
<br />for cable runs to connect LESSEE's equipment and antennas, together with the non-exclusive right for ingress and
<br />egress from and to the nearest public right-of=way, seven (7) days a week, twenty-four (24) hours a day, subject to
<br />any restrictions stated herein, on foot or motor vehicle, including trucks, and for the installation and maintenance of
<br />utility wires, poles, cables, conduits, and pipes over, under, or within the building to the demised premises, said
<br />demised premises and access and utilities paths (hereinafter coUectively referred to as the "Premises") for access
<br />being substantially as described herein in Exhibit "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. RE TN After the Commencement Date, rental payments will be due in an annual rental amount of
<br />twenty-eight thousand eight hundred dollars ($28,$00.00) 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 fast 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 (41/o) per year, to be increased on each anniversary of the Commencement Date.
<br />6. NISI 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 />EXHIBIT 2
<br />Site k: tA33836B
<br />Site Name: Delhi Park
<br />Date: 06/i 8!2010
|