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25C - CELLULAR ANTENNA AT DELHI PARK
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25C - CELLULAR ANTENNA AT DELHI PARK
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1/3/2012 3:58:40 PM
Creation date
10/14/2010 11:26:43 AM
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City Clerk
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Agenda Packet
Item #
25C
Date
10/18/2010
Destruction Year
2015
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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: T-Mobile USA, Inc. <br /> 12920 SE 381h Street <br /> Bellevue, WA 98006 <br /> Attn: PCS Lease Administrator, Site #: LA33836B <br /> With a copy to: Attn: Legal Dept. <br />Copy to: T-Mobile West Corporation <br /> 2008 McGaw Avenue <br /> Irvine, CA 92614 <br /> Attn: Lease Administration Manager, Site #: LA33836B <br />Notice shall be effective upon mailing or delivering the same to a commercial courier, as permitted above. <br />27. SUCCESSORS. This Agreement shall extend to and bind the heirs, personal representatives, <br />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 LESSEE to <br />relocate LESSEE's Facilities to alternate space on the Property; provided however, that such relocation shall (1) be <br />at LESSOR's cost and expense which shall be limited to reasonable expenses of moving and re-installing the tower <br />structure and accompanying equipment, including the cost of City permits and fees which LESSOR may legally pay, <br />(2) be performed by LESSEE or its agents, (3) not result in any interruption of the communications service provided <br />by LESSEE on the Property, (4) not impair, or in any manner alter, the quality of communications service provided <br />by LESSEE on and from the Property, and (5) be done in accordance with subsections B and C below. Upon <br />relocation of LESSEE's Facilities, the access and utility rights of way will be relocated as required, in the sole <br />discretion of LESSOR, to operate and maintain LESSEE's Facilities. <br />B. LESSOR shall exercise its relocation right under subsection A above by (and only by) <br />delivering written notice (the "Notice'l to LESSEE. In the Notice, LESSOR shall propose an alternate site within or <br />on the Property to which LESSEE may relocate LESSEE's Facilities. LESSEE shall have sixty (60) days from the <br />date it receives the Notice to evaluate LESSOR's proposed relocation site, during which period LESSEE shall have <br />the right to conduct tests to determine the technological feasibility of the proposed relocation site. If LESSEE fails <br />to disapprove of such proposed relocation site in writing within the sixty-day period, LESSEE shall be deemed to <br />have approved such proposed relocation site. If LESSEE disapproves such relocation site, then LESSOR may <br />thereafter propose another relocation site by Notice to LESSEE in the manner set forth above. Any relocation site <br />which LESSOR and LESSEE agree upon in writing shall be referred to as the "Relocation Site." LESSEE shall <br />have up to twelve (12) months after execution of a written agreement between the parties concerning the location <br />and dimensions of the Relocation Site to relocate LESSEE's Facilities to the Relocation Site. <br />Upon relocation of LESSEE's Facilities to the Relocation Site, all references to the Premises <br />herein shall be deemed to be references to the Relocation Site. LESSOR and LESSEE agree that the Relocation Site <br />(including the access and utility right of way) may be surveyed by a licensed surveyor at the sole cost of LESSEE, <br />and such survey will then replace Exhibit "B" and become a part hereof and will control or describe the Premises. <br />Except as expressly provided, LESSOR and LESSEE hereby agree that in no event will the relocation of LESSEE's <br />Facilities, or any part thereof, under subsection A above, affect, alter, modify or otherwise change any of the terms <br />and conditions of this Agreement. <br />Site #: LA33836B <br />Site Name: Delhi Park <br />Date: 06/18/2010 <br />
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