|
INSURANCE NOT1 FILE A-2010455
<br />VVORKMAY, '. PRE- -fi'EL
<br />CLERK CE 'UN(.,11_ LAND LEASE AGREEMENT BETWEEN
<br />DATE: 'y THE CITY OF SANTA ANA AND NEW CINGULAR WIRELESS PCS, LLC
<br />for
<br />t2 r 1 t JEROME PARK
<br />Y
<br />This Agreement, made as of the latter of the signature dates below ("Effective Date"), is
<br />entered into by and between the City of Santa Ana, a charter city and municipal corporation
<br />organized and existing under the Constitution and laws of the State of California, hereinafter
<br />designated "LESSOR" and New Cingular Wireless PCS, LLC, a Delaware limited liability
<br />y company, having a mailing address of 12555 Cingular Way, Suite 1300, Alpharetta, GA 30004,
<br />hereinafter designated "LESSEE". The LESSOR and LESSEE are at times collectively referred
<br />to hereinafter as the "Parties".
<br />d
<br />Y�
<br />1. PREMISES. LESSOR hereby leases to LESSEE a portion of that certain parcel
<br />of property commonly known as Jerome Park (the entirety of LESSOR's property is referred to
<br />v hereinafter as "the Property" and a legal description of the Property is attached hereto as Exhibit
<br />"A"), located at 2115 West McFadden Ave, Santa Ana, CA 92703, and being described as a
<br />twenty foot (20') by twelve foot (12') space on the ground containing two hundred -forty (240)
<br />square feet for LESSEE's radio equipment cabinets, a seventeen foot (IT) by nineteen foot ten
<br />inch (19' 10") space on the ground containing three hundred twenty-four and 7/10 (324.7) square
<br />feet for LESSEE's tower, and space required for cable runs to connect LESSEE's equipment and
<br />antennas, together with the non-exclusive right for ingress and egress from and to the nearest
<br />public right-of-way, seven (7) days a week, twenty-four (24) hours a day, subject to any
<br />restrictions stated herein, on foot or motor vehicle, including trucks, and for the installation and
<br />maintenance of utility wires, poles, cables, conduits, and pipes over, under, or within the building
<br />to the demised premises, said demised premises and access and utilities paths (hereinafter
<br />collectively referred to as the "Premises") for access being substantially as described herein in
<br />Exhibit "B" attached hereto and made a part hereof.
<br />2. SURVEY. LESSOR also hereby grants to LESSEE the right to survey the
<br />Property and the Premises, and said survey along with detailed site plans shall then become
<br />Exhibit "B" which shall be attached hereto and made a part hereof, and shall control in the event
<br />of boundary and access discrepancies between it and Exhibit "A". Costs incurred by LESSEE
<br />for such work shall be borne by LESSEE.
<br />3. TERM. This Agreement shall be effective as of the Effective Date; provided,
<br />however, the initial term shall be for ten (10) years and shall commence on the Commencement
<br />Date (defined below).
<br />4. RENT. After the Commencement Date, rental payments will be due in an annual
<br />rental amount of Twenty -Eight Thousand Eight Hundred and No/100 Dollars ($28,800.00) to be
<br />paid in equal monthly installments of Two Thousand Four Hundred and No/100 Dollars
<br />($2,400.00) per month on or before the first day of the month, in advance, to LESSOR or to such
<br />other person, firm or place as the LESSOR may, from time to time, designate in writing at least
<br />thirty (30) days in advance of any rental payment date. Rent shall commence on the first day of
<br />the month following the issuance of the building permit for LESSEE's Facilities (as defined
<br />below), or the first clay of the month that is six (6) months after the Effective Date of this
<br />Agreement or the first day of the month following the date LESSEE commences installation of
<br />LESSEE's Facilities on the Premises, whichever occurs first ("Commencement Date"). If rent is
<br />
|