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Item 12 - Ground License Agreement for Wireless Telecommunications Facilities
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Item 12 - Ground License Agreement for Wireless Telecommunications Facilities
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5/21/2025 5:47:27 PM
Creation date
3/13/2025 8:17:10 AM
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City Clerk
Doc Type
Agenda Packet
Agency
Public Works
Item #
12
Date
3/18/2025
Destruction Year
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EXHIBIT 2 <br />GROUND LICENSE AGREEMENT BETWEEN THE CITY OF SANTA ANA <br />AND <br />CCTM1 LLC FOR WIRELESS TELECOMMUNICATIONS FACILITIES <br />AT EL SALVADOR PARK <br />This Ground License Agreement ("Agreement") made this 18th day of March, 2025, is <br />entered into by and between the CITY OF SANTA ANA, a charter city and municipal <br />corporation organized and existing under the Constitution and laws of the State of California, <br />hereinafter designated as "LICENSOR" and CCTM1 LLC, a Delaware limited liability company, <br />hereinafter designated "LICENSEE." LICENSOR and LICENSEE are at times collectively <br />referred to hereinafter as the "Parties." <br />A Ground License for Wireless Telecommunications Facilities allows the City of Santa <br />Ana to make certain properties available for the construction of new telecommunications <br />facilities or the renewal of existing telecommunications facility agreements on the property. This <br />will be a license for the use of the real estate as specified in the Agreement. <br />PROPERTY. LICENSOR is the owner of that certain real property located at 1825 Civic <br />Center Drive West, Santa Ana, CA 92703, commonly known as El Salvador Park (the entirety <br />of LICENSOR's property is referred to hereinafter as the "Property" and a legal description <br />of the Property is attached hereto as Exhibit A). <br />2. PREMISES. LICENSOR hereby licenses to LICENSEE a portion of that Property for Site <br />for Business Unit Number 828440 and being described as approximately five hundred <br />twenty-eight (528) square feet for LICENSEE's wireless telecommunications facilities as <br />defined in Section 11 of this Agreement, consisting of (i) an existing four hundred thirty <br />(430) square foot parcel which LICENSEE was granted a lease for in the Original <br />Agreement (as defined in Section 3 below, and further described in Exhibit B, attached <br />hereto for reference only) and (ii) an additional ninety-eight (98) square foot parcel (the <br />"First Additional Premises"). The licensed area of the Property, referred to hereinafter as the <br />"Premises," is substantially described in Exhibit C attached hereto and incorporated fully. <br />3. PRIOR AGREEMENT. The Parties acknowledge that if the Parties had a prior lease <br />agreement, or license agreement that upon its Effective Date (as defined below), this <br />Agreement shall replace and supersede any prior lease agreement or license agreement (the <br />"Original Agreement") between the Parties. <br />4. TERM. The Effective Date of this Agreement shall be April 1, 2025and shall remain in <br />effect for a period of ten (10) years (the "Initial Term"). <br />5. EXTENSIONS. This Agreement may be extended for up to three (3) additional five (5) year <br />terms (each a "Renewal Term") (the Initial Term and each Renewal Term are collectively <br />referred to as the "Term"). Each Renewal Term shall be subject to the terms and conditions <br />as set forth herein as follows: <br />A. If LICENSOR, in its reasonable discretion determines that LICENSEE's <br />continued use of the Premises is not in conformity with LICENSOR's intended <br />Page 1 of 107 <br />
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