Agmt 2005 American Golf Corp - Laserfiche WebLink

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SIDE LETTER AGREEMENT BETWEEN THE CITY OF SAN LEANDRO AND AMERICAN GOLF CORPORATION REGARDING THE COMMUNICATIONS SITE LEASE ON MONARCH BAY GOLF COURSE This Side Letter Agreement between the City of San Leandro, a municipal corporation ("City") and American Golf Corporation, a California corporation ("AGC") as follows: RECITALS A. The City owns the Monarch Bay Golf Course ("Golf Course"). B. The City has entered into a lease agreement dated November 10, 1997 with AGC that provides, among other things, for AGC's operation of the Golf Course ("Golf Lease"). C. The City has negotiated an agreement with New Cingular Wireless FCS Wireless that will allow AT&T to construct a 50 foot pole to carry a cellular telephone antenna site, as well as associated ground facilities adjacent to and behind the driving range ("Site"). D. In return for AGC's consent to allow for the construction of the Site, the City is willing to make various concessions as set forth in this Side Letter Agreement. AGREEMENT 1. AGC consents to the City leasing a portion of the Golf Course, as shown on Exhibit A, attached hereto and incorporated by reference herein, for construction and operation of the Site as more specifically set forth in the Lease Agreement between the City of San Leandro and New Cingular Wireless PCSWireless dated May 16, 2005 ("Lease".) 2. During the initial 5-year term with New Cingular Wireless PCS the City will make aone-time payment to AGC of $30,000 within 30 days after this Side Letter Agreement becomes effective for improvements to golf course bunkers. This payment will constitute all payments due for the first five-year term of the Lease. 3. For any lease revenues received by the City after the initial s-year lease term, the revenues will apportioned 75% to the City and 25% to AGC as the revenue is received. AGC may only use these subsequent Lease payments for golf course improvements in the manner provided in the Golf Lease. 4. The City will not allow more than 4 cellular telephone providers to use the Site without first obtaining AGC's written consent.