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INIEANU€MT ON FILE . 1 -A-2005-291
<br /> WOR MAY NOT PROCEED •
<br /> CLERK OF COUNCIl LAND LEASE AGREEMENT BETWEEN '
<br /> DATE a.3i-� HE CITY OF SANTA ANA AND OMNIPOINT COMMUNICATIONS INC.for
<br /> Jerome Park
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<br /> This Agreement,made this Sub day of December,2005 between the City of Santa Ann,a charter city and
<br /> municipal corporation organized and existing under the Constitution and laws of the State of California hereinafter
<br /> designated"LESSOR"and Omnipoint Communications Inc.,a subsidiary of T-Mebile USA,Inc.,a Delaware
<br /> corporation hereinafter designated'LESSEE". The LESSOR and LESSEE are at times collectively referred to
<br /> hereinafter as the"Parties".
<br /> I. PREMISES. LESSOR hereby leases to LESSEE a portion of that certain parcel of property
<br /> .commonly known as Jerome Park'(tbe entirety of LESSOR'S property is referred to hereinafter as"the Property"
<br /> and a legal description of the Property is attached hereto as Exhibit"A"),located at 888 W.Santa Ana Blvd,Santa
<br /> Ana CA,and being described as a 12'by 24'parcel containing 384 square feet and space required for cable runs to
<br /> connect LESSEE's equipment and antennas,together with the non-exclusive right for ingress and egress from and to
<br /> the nearest public right-of-way,seven(7)days a week,twenty-four(24)hours a day,subject to any restrictions
<br /> stated heroin,on foot or motor vehicle,including cracks,and for the installation and maintenance of utility wires,
<br /> poles,cables,conduits,and pipes over,under,or along a twelve(12')foot wide right-of-way extending from the
<br /> nearest public right-off-way, to the demised premises, said demised premises and right-of-way (hereinafter
<br /> collectively referred to as the"PreMises")for access being substantially as described herein in Exhibit"B"attached
<br /> hereto and made a part hereof.
<br /> In the event any public utility is unable to use the aforementioned right-of-way,the LESSOR hereby agrees
<br /> to grant an alternative right-of-way either to LESSEE or to the public utility,subject to LESSOR's approval of
<br /> location and size of said alternative right-of-way,nt no cost to 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 botmdary and access discrepancies between it and
<br /> Exhibit"A". Coats incurred for such work shall be borne by 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 of
<br /> twenty eight thousand eight hundred dollars($28,800.00)to be paid in equal monthly installments of two thousand
<br /> four hundred dollars($2,400.00)per month on the first day of the month.in advance,to LESSOR or to such other
<br /> person,firm or place as the 11tiSSOR may,from time to time,designate in writing at least thirty(30)days in
<br /> advance of any rental payment dpte. Rent shall be abated until thirty(30)days after the Issuance of a building
<br /> permit or until twelve (12) months after the date of execution of this Agreement, whichever occurs first
<br /> ("Commencement Date"). If rem;is not paid within fifteen(15)days after the due date and provided LESSOR has
<br /> complied with all applicable notice and cure previsions herein,LESSEE agrees to pay a late charge equal to six
<br /> percent(6%)of the then-current monthly rent. Rental amounts attributable to partial months shall be prorated on a
<br /> daily basis.
<br /> 5. ANNUAL RENTAL INCREASES The rent payments shall be subject to an annual rental
<br /> increase of three percent(3%)per.year,to be Increased on each anniversary oft he 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,LESSEE hereby agrees to pay to the LESSOR upon execution of this
<br /> Agreement,a one-time,non-reaming,non-refundable payment equal to one(I)month's rent.
<br /> • 7. E2aEN IONS. LESSEE is granted options to extend this Agreement for up to three(3)
<br /> additional five-year(5)terms(each a"Renewal Term'). Each Renewal Tenn shall be on the same terms and
<br /> conditions as set forth herein and subject to the approval of the City Manager and Executive Director of Parks
<br /> Recreation and Community Services ns follows: after the expiration of the original tent,LESSOR reserves the right
<br /> to deny any such extension,by providing no less Oran six(6)months prior written notice before the extended term
<br /> Sara:LAOJOIOA
<br /> Silo Name:1TIa I a Jerome Park •
<br /> Mahe:California
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