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<br />A-2004-140
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<br />'INSUR"NCE NOT ON FilE
<br />WORK MAY NOT PROCEED
<br />CLERK OF COllNCIL
<br />DATE: {_;z./~t?4
<br />
<br />LAND LEASE AGREEMENT BETWEEN
<br />THE CITY OF SANTA ANA AND SPRINT PCS ASSETS, LLC for
<br />Rosita Park (Salgado Center) OG60XC677A
<br />
<br />C,: pl{c.,5
<br />(t.01\0)
<br />
<br />This Agreement, made this ,,+h day of .1i.J U ,2004 between the City of Santa Ana, a charter city
<br />and municipal corporation organized and existing ~ Constitution and laws of the State of California
<br />hereinafter desigrIated "LESSOR" and Sprint PCS Assets, L.L.C., a De]aware limited liability company, hereinafter
<br />designated "LESSEE". The LESSOR and LESSEE are at times collectively referred to hereinafter as the "Parties".
<br />
<br />1. PREMISES. LESSOR hereby leases to LESSEE a portion of that certain parcel of property (the
<br />entirety of LESSOR's property is referred to hereinafter as "the Property" and a legal description of the Property is
<br />attached hereto as Exhibit "A"), located at 706 North Newhope, Santa Ana CA, and being described as a 20' by 15'
<br />parcel containing 300 square feet and space required for cable runs to connect LESSEE's equipment and antennas, as
<br />being further described as The North half of the Northeast Quarter of the Southwest Quarter of Section 9. Township 5
<br />South, Range 10 West in the Rancho Las Bolsas in Deed Book 51 Page 12 of Miscellaneous maps as recorded in the
<br />County of Orange, together with the non-exclusive right for ingress and egress, seven (7) days a week, twenty-four (24)
<br />hours a day, subject to any restrictions stated herein, on foot or motor vehicle, including trucks, and for the installation
<br />and maintenance of utility wires, poles, cables, conduits. and pipes over, under, or along a five (5) foot wide
<br />right-of-way extending from the nearest public right-of-way, to the demised premises, said demised premises and
<br />right-of-way (hereinafter 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 />
<br />In the event any public utility is unable to use the aforementioned right. of-way, the LESSOR hereby agrees to
<br />grant an alternative right-of-way either to the LESSEE or to the public utility. subject to LESSOR'S approval of location
<br />and size of said alternative right-of-way, at no cost to the LESSEE.
<br />
<br />2. SURVEY. LESSOR a]sa 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 hereto
<br />and made a part hereof, and shall control in the event of boundary am access discrepancies between it and Exhibit "A".
<br />Costs incurred for such work shall be borne by the LESSEE.
<br />
<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 below).
<br />
<br />4. RENT. After the Corrunencement Date, rental payments will be due in an annual rental amount of
<br />twenty four thousand $(24,000.00) to be paid in equal monthly installments of two thousand per month on the first
<br />day of the month, in advance. to LESSOR or to such other person, firm or place as the LESSOR may, from time to
<br />time, designate in writing at least thirty (30) days in advance of any rental payment date. Rent shall be abated until
<br />30 days after the issuance of a building permit or until two (2) months after the date of execution of this Agreement,
<br />whichever occurs first ("Commencement Date"). If rent is not paid within fifteen (IS) days after the due date,
<br />LESSEE agrees to pay a late charge equal to 6% of the then-current monthly rent.
<br />
<br />5. ANNUAL RENTAL INCREASES. The rent payments shall be subject to an annual rental
<br />increase of3% per year, to be increased on each anniversary of the Commencement Date.
<br />
<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.
<br />
<br />7. EXTENSIONS. LESSEE is granted options to extend this Agreement for up to three (3) additional
<br />five-year (5) terms unless the LESSEE terminates at the end of the then-current term by giving the LESSOR written
<br />notice of the intent to terminate at least four (4) months prior to the end of the then-current term. After expiration of the
<br />original term, LESSOR reserves the right to deny any such extension, no less than six (6) months before the extended
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