NEXTEL OF CALIFORNIA ,INC. 1 - 2004

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A-2004-172 INSUR\NCE NOT ON FILE wo:n MAY NJI PROCEED CL¿RK Or COUNCIL DATE: g- ;u~-tJ4 LAND LEASE AGREEMENT BETWEEN THE CITY OF SANTA ANA AND NEXTEL AT THE SANTA ANA STADIUM C: P!lC$ (Frono) This Agreement, made this / ¡,""" day of ~, 2004, between the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California hereinafter designated "LESSOR" and NEXTEL OF CALIFORNIA, INe. a Delaware corporation, d/b/a Nextel Communications, hereinafter designated "LESSEE". The LESSOR and LESSEE are at times collectively referred to hereinafter as the "Parties". RECITALS A. The City of Santa Ana desires to reduce visual blight created by structures such as cellular towers in the city in part by reducing the number of locations whereby cellular towers are located. B. On November 16,2001, the City and AT&T wireless entered into an agreement for the installation ofa 65 foot stealth mono-pine cellular tower and equipment building to be located on the southwest corner of the Santa Ana Stadium. This agreement was approved and the stealth mono-pine was installed with the intention of City Council that other cellular companies that wish to place cellular towers in this location in the city could "co-locate" on this tower. C. Nextel would like to co-locate an antennae on the AT&T mono-pine as well as lease a portion of the premises described more completely herein located at the Santa Ana Stadium to install and maintain a secured equipment facility under the bleachers on the southwest corner of the stadium. NOW THEREFORE, in consideration of the respective and mutual covenants and promises hereinafter contained and made, and subject to all the terms and conditions hereof, the parties hereto do hereby agree as to the following: 1. PREMISES. LESSOR hereby leases to LESSEE a portion of that certain parcel of property (the entirety of LESSOR's property is referred to hereinafter as "the Property" and a legal description of the Property is attached hereto as Exhibit "A"), located at 1104 Civic Center Drive, and being described as a 16.84' by 26.87' parcel containing approximately Four Hundred Fifty Three (453) square feet and space required for cable runs to connect LESSEE's equipment and antennas, together with the non-exclusive right for ingress and egress, seven (7) days a week, twenty-four (24) hours a day, subject to any restrictions stated herein, on foot or motor vehicle, including trucks, and for the installation and maintenance of utility wires, poles, cables, conduits, and pipes over, under, or along a twelve (12') foot wide right-of-way extending fi'om the nearest public right-of-way, to the demised premises, said demised premises and right-of-way (hereinafter collectively referred to as the "Premises") for access being substantially as described herein in Exhibit "B" attached hereto and made a part hereof. In the event any public utility is unable to use the aforementioned right-of-way, the LESSOR hereby agrees to grant an alternative right-of-way either to the LESSEE or to the public utility, subject to LESSOR'S approval of location and size of said alternative right-of-way, at no cost to the LESSEE. 2. SURVEY. LESSOR also hereby grants to LESSEE the right to survey the Property and the Premises, and said survey along with detailed site plans shall then become Exhibit "B" which shall be attached hereto and made a part hereof, and shall control in the event of boundary and access discrepancies between it and Exhibit "A". Costs incurred for such work shall be borne by the LESSEE. 3. TERM. This Agreement shall be effective as of the date of execution by both parties, provided, however, the initial term shall be for approximately eight (8) years and shall commence on the Commencement Date (defined below). This lease is running concurrent with the existing lease with AT&T, so they both expire on the same year. CA 7007D Lease 8-11-04 tg rg UA.t.- "')6,~~ 1