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<br />
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<br />
<br /> LAND LEASE AGREEMENT BETWEEN
<br /> THE CITY OF SANTA ANA AND T-MOBILE WEST CORPORATION
<br /> for
<br /> DELHIPARK
<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 /> I. 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 collectively 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. TFR,~M. 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 fast 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 alter 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 LA33836B 1
<br /> Site Name: Delhi Park
<br /> Date: 0611 WO 10
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