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<br />'SITE NAME: Court House I EFFECTIVE DATE: January 1, 2000 I
<br />RECORDING REQUESTED BY
<br />AND WHEN RECORDED MAIL TO:
<br />CITY OF SANTA ANA
<br />CLERK OF THE COUNCIL
<br />20 CIVIC CENTER PLAZA
<br />POST OFFICE BOX 1988
<br />SANTA ANA, CA 92702
<br />FREE RECORDING GOVERNMENT CODE §6103
<br />Recorded in the County of Orange, California
<br />Gary L Granville, Clerk/Recorder
<br />No Fee
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<br />Doc Types: 009
<br />Cancel Taxes
<br />Approved as to
<br />Approved by
<br />Description WrittTC�
<br />iption
<br />A.P. Number
<br />R/W Map Number
<br />Project Number
<br />Form By Arty.
<br />Director
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<br />- OK
<br />LEASE
<br />"Landlord": City of Santa Ana, a charter city and municipal
<br />corporation of the State of California
<br />"Tenant": Los Angeles SMSA Limited Partnership by and
<br />through its sole general partner AirTouch Cellular
<br />"Landlord's Property": The property as described in Exhibit "A-L"
<br />I. Lease. As of the Effective Date, Landlord leases a portion of
<br />Landlord's Property to Tenant, referred to in this Lease as the
<br />"Premises," and more particularly described below: [MARK
<br />APPLICABLE PARAGRAPHS)
<br />(a) Real property comprised of parcels measuring
<br />approximately 326.57 square feet and measuring
<br />approximately 472.02 square feet, as defined and
<br />depicted on Exhibit "A-2";
<br />❑ (b) Building interior space comprised of approximately _
<br />_ square feet and known as suite/room or
<br />(describe)
<br />located at: address
<br />❑ (c) Building exterior (including rooftop) space as required
<br />for antenna support structures and attachment of antennas
<br />and/or microwave dishes;
<br />together with a grant by Landlord to Tenant of a non-exclusive
<br />underground easement ("Easement") to establish utility connections
<br />to and/or between Tenant's equipment and antenna installations ,
<br />situated substantially as shown on Exhibit "A-2" and with a grant by
<br />Landlord to Tenant of an irrevocable, non-exclusive right to (i)
<br />access the Landlord's Property and the Premises, except as provided
<br />in Paragraph 16 herein below, 7 days a week, 24 hours a day for the
<br />purpose of Tenant's use as described in Paragraph 5 herein below;
<br />and (ii) to install, maintain, replcce and repair, from time to time, ail
<br />necessary cables, conduits and pipes from the Premises to the
<br />nearest appropriate utility connections, subject to the notice
<br />provision outlined in Paragraph 17 herein below. Tenant shall be
<br />allowed to install and maintain a temporary power source at an
<br />appropriate location within Landlord's Property as reasonably
<br />approved by Landlord. Tenant may occasionally park its vehicles
<br />on Landlord's Property when Tenant is installing, removing or
<br />servicing its Communications Facility. Upon signing of this Lease
<br />203289/annual rent Pagle
<br />A-1999- 205
<br />by the parties, Tenant shall have the right to survey and test the
<br />Landlord's Property.
<br />2. Term. Ten 10 years beginning on the Effective Date.
<br />Prior to expiration of the Lease, Tenant shall remove all
<br />Improvements and restore the Property and Premises to its original
<br />condition, excepting normal wear and tear. Upon expiration of the
<br />Lease, Tenant shall surrender possession of the Premises and
<br />Property to the Landlord.
<br />3. Extensions. Tenant is granted options to extend this
<br />Lease for up to two 2 additional 5 year periods by giving
<br />Landlord written notice at least 90 days before the term or extended
<br />term ends. Prior to the commencement of each extension period,
<br />Tenant shall resubmit its plans for the Communications Facility to
<br />the Planning and Building Agency of the City of Santa Ana for
<br />review, approval and conformity with all existing local laws and
<br />regulations. However, Landlord reserves the right to deny such
<br />extensions by giving Tenant written notice not less than 6 months
<br />before the term or extended term ends, if the Landlord decides in
<br />its reasonable discretion that Tenant's continued tenancy would be
<br />not be in conformity with the Landlord's intended use of its
<br />Property at that time .
<br />4. Rent. Annual Rent for the Premises shall be Fourteen
<br />Thousand Four Hundred and 00/100 Dollars ($14,400.00) payable
<br />in equal annual installments, in advance, on the first day of each
<br />calendar month during the Tenn. (including a prorated portion for
<br />an initial partial month, if any, and excluding a prorated portion for
<br />the last partial month, if any). Annual Rent shall be fully abated
<br />until construction is commenced by Tenant or, until 4 months after
<br />the Effective Date, which ever occurs first. In the event this Lease
<br />is terminated pursuant to Paragraph 6 (or is otherwise terminated
<br />early in accordance with the temis and conditions hereof), then any
<br />portions of any Annual Rent payments covering any post -
<br />termination timeframe(s) shall be immediately refunded to Tenant
<br />by Landlord within thirty days from the date of termination of the
<br />Lease .
<br />5. Use of Premises. : e:.rrtt Play !Ise 11,e Prc .iscs ^r its
<br />intended purpose, which is to construct, maintain, secure and
<br />operate a wireless telecommunications cell facility
<br />("Communications Facility") an equipment enclosure, required
<br />antennas and antenna support structures (as such Communications
<br />Facility may be modified, added to or substituted from time to
<br />time). The Communications Facility, including all antennas and
<br />antenna support structures, may be configured as required by Tenant
<br />from time to time, provided that Tenant obtains all p
<br />approvals required by applicable jurisdictions for sue
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