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<br />7/29/02LS
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<br />CLERK OF. COUNCIL 1, 1
<br />DATE: /(_7,1-02- LAND LEASE AGREEMENT BETWEEN
<br />THE MY OF SANTA ANA AND SPRINT PCS ASSETS, LLC ORIGINAL(HEMAGE PARI
<br />L]
<br />This Agreement, made this day of 2002, between the City of Santa Ana, a charter
<br />city and municipal corporation organized and existing �fnder the Constitution and laws of the State of California
<br />hereinafter designated "LESSOR" and Sprint PCS Assets, L.L.C., a Delaware limited liability company,
<br />hereinafter designated "LESSEE". The LESSOR and LESSEE are at times collectively referred to hereinafter as
<br />the "Parties".
<br />1. PREMISES. LESSOR hereby leases to LESSEE a portion of that certain parcel of property
<br />(the entirety of LESSOR's property is referred to hereinafter as "the Property' and a legal description of the
<br />Property is attached hereto as Exhibit "A"), located at 4815 West Camille Street, and being described as an
<br />approximately 19' by 23.25' parcel containing approximately 442 square feet and space for the installation of a
<br />monopine and space required for cable runs to connect LESSEE's equipment and antennas, and being further
<br />described as Assessor's Parcel Numbers 108-120-34 and 108-120-33, together with the non-exclusive right for
<br />ingress and egress, seven (7) days a week, twenty-four (24) hours a day, subject to any restrictions stated herein, on
<br />foot or motor vehicle, including trucks, from the nearest public right of way to the demised premises and the non-
<br />exclusive right for the installation and maintenance of utility wires, poles, cables, conduits, and pipes over, under,
<br />or along two three (T) foot wide right-af--ways, to the demised premises, said demised premises and right-of-ways
<br />(hereinafter collectively referred to as the "Premises") for access and utilities being substantially as described
<br />herein in Exhibit "B" attached hereto and made a part hereof.
<br />hi the event any public utility is unable to use the aforementioned right-of-way, the LESSOR hereby
<br />agrees to grant an alternative right-of-way either to the LESSEE or to the public utility, subject to LESSOR'S
<br />approval of location and size of said alternative right-of-way, at no cost to the LESSEE.
<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 bome by the 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. RENT. After the Commencement Date, rental payments will be due in an annual rental amount
<br />Of
<br />Fourteen Thousand Four Hundred Dollars ($14,400.00) to be paid in equal monthly installments of One
<br />Thousand Two Hundred Dollars ($1,200.00) on the first day of the month, in advance, to LESSOR or to
<br />such 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 be abated until 30 days after the
<br />issuance of a building permit or until four (4) months after the date of execution of this Agreement,
<br />whichever occurs first ("Commencement Date"). N rent is not paid within fifteen (15) days after the due
<br />date, LESSEE agrees to pay a late charge equal to 6% of the then -current monthly rent.
<br />5. ANNUAL RENTAL INCREASES. The rent payments shall be subject to an annual rental
<br />increase of 3%per year, to be increased on each anniversary of the Commencement Date.
<br />6. DEPOSIT. In recognition that the Commencement Date may not occur concurrent with the
<br />execution of this Agreement by all parties, the LESSEE hereby agrees to pay to the LESSOR upon execution of this
<br />Agreement, a one-time, non -recurring, non-refundable payment equal to one month's rent.
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