|
EXHIBIT B
<br /> Original Agreement
<br /> INSURANCE NQJ CV FILE A-20os-290
<br /> WORK MAY MQT MOCEED
<br /> CLERK OF COUNUL LEASE ACREEMENT BETWEEN
<br /> nhTE; '3f204M THE CITY OF SANTA ANA AND T-MOBILE
<br /> REGARDING COMMUMCATION TOWER FACILITIES
<br /> AT EA,SALVADOR PARS(
<br /> This Agreement,mnde this 17s'day of November,1008,between the City of Santa Ana,a charter city and
<br /> municipal corporation organized and existing under the Constitulion and laws of the State of California hereinafter
<br /> dcsignatctl"LESSOR"and Onimpoint Communications,Inc., as subsidiary of T-Mobile USA Inc.,a Dolawarc
<br /> corporation hereinafter designated"LESSEE". 'Me LESSOR and LESSEE are at times collectively referred to
<br /> hereinafter as the"Partlee'.
<br /> I. PREMISES. LESSOR hereby leases to LESSEE a portion of that certain parcel of property
<br /> conunonly known as Sal Salvador Park (the entirety of LESSOR's propetty is re€erred to horcinaltar as "the
<br /> Property"and a legal description of the Property is attached hereto as.Exhibit"A"),located at 1825 Civic Confer
<br /> Drive West,Santa Ana CA,92703,APN:405-121.11,and being described as a 15'0"by 2210"parcel containing 330
<br /> square feet including space for LESSEE'S Equipment Shelter and access for the installation of a Monapine
<br /> Communications Towo Structure located on the Property,and access for the notation support structure for cable
<br /> runs to connect LPSSEE's equipment and antennas,together with the non-exclusive right for ingress and egress
<br /> from and to the nearest public right-of-way,seven(7)days a week,twenty-Pour(24)hours a day,subject to any
<br /> restrictions stated herein,on foot or motor vehicle,including trucks,and for the installation and maintenance of
<br /> utility wires,poles,cables,conduits,and pipes over,under,or along a twelve(I2')foot wida right-of-way extending
<br /> from the nearest public right-of-way,to the demised premises,said demised premises and right-of-way(hereinafter
<br /> collectively rdferred to as the"Prcanisea')for access being substantially as described herein in Exhibit"B"attached
<br /> hereto and made a part hereoE
<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 than become Exhibit"B"which shall be attached
<br /> hereto and made a part hereof,and shall control to the event of boundary and access discrepancies between it and
<br /> Exhibit"A". Costs incurred fbr such work shall be tome by LESSEE,
<br /> 3. IYAR, This Agreement shall be effbelive as of the data of execution by both parties,provided,
<br /> however,the intial term shall be for ten(10)years and shall commence on the Coltmaenecrnent Date(defined
<br /> below).
<br /> 4. RENT. After the Commencement Date,rental payments will be due.in on annual rental amount of
<br /> twenty eight thousand eight hundred($28,800.00)to be paid in"out monthly installments of two Ihouiand four
<br /> hundred dollars($2,400,00)per month on the first day of the month, in advancC„to LESSOR or to such other
<br /> person,firm or place as the LESSOR may, from time to lima,designate in writing at least thirty(30)days is
<br /> advance of any rental payment date. Rent shot[commence upon ilia issuance of the building permit for I-ESSEE's
<br /> Facilities(its defined below),or twelve(12)months after the Aril execution of this.agreement,whichever occurs first
<br /> ("Commencement Date), (front is not paid within fifteen(15)days after the due date and provided LESSOR has
<br /> complied with all applicable notice and cure provisions herein,LESSEE agrees to pay a late charge equal to six
<br /> percent(6"/e)of the Chen-curront monthly rent. Retilal amounts atirllnnable to partinl months shall be prorated on a
<br /> daily basis, All Rent and Deposits shall be deposited according to the directions outlined in Exhibit"O".
<br /> S. ANN JA_L_..R NTt1I {NCRCASES The rent payments shall be subject to an annual rental
<br /> inercaso of four percent(49/6)per year,to be increased on each anniversary of rite Commencemcnt Date.
<br /> 6. In recngnitiens that the Commencement Date:mny not occur concurrent
<br /> with the execution of this Agreement by all parties,LESSEE hereby agrees to pay to LESSOR a one time,non-
<br /> recurring,non-refundable payment equal to one(1)months rent,within thirty(30)days after the Commencement
<br /> Dale. Notwithstanding the above,Lessor shall refund Lessee the initial payntent in the event Lessee is unable,due
<br /> to the sole fault and unreasonable delay of Lessor,to obtain all Approvals necessary to construct Lmoa's fneflitles,
<br /> within 6 months after the Aill oxecutten of this agreement.
<br /> 7. EXTENSIONS. no Lease Agreement mny be extended for up to three(3)additional live-year
<br /> (5)terns(each a Renewal Term ). Each Renewal Tern shall be on the terms and conditions as set forth herein
<br /> Sire Vo: 11age r of:23
<br /> QcAddmw rB2,-OvieCtnt¢rl)*OWast,SminATKCA42703
<br /> Page 29 of 107
<br />
|