Agmt 2005 New Cingular Wireless PCS LLC

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• • COMMUNICATIONS SITE LEASE AGREEMENT THIS COMMUNICATIONS SITE LEASE AGREEMENT ("Lease") dated as of May 16, 2005, is between New Cingular Wireless PCS, LLC, a Delaware limited liability company ("Leaee") whose mailing address is P.O. Box 2088, Rancho Cordova, CA 95741-2088, and the City of San Leandro, a Municipal Corporation ("Lessor") whose address is 835 E. 14~' Street, San Leandro, CA 94577. THE PARTIES HERE TO AGREE AS FOLLOWS 1. Premises. Lessor represents that Lessor owns the real property legally described in Exhibit "A" commonly known as the Monarch Bay Golf Course 13800 Monarch Bay Drive, which is leased by Lessor to American Golf Corporation ("AGC"). Subject to the following terms and conditions, Lessor leases to Lessee that portion of Lessor's property ("Lessor's Property") depicted in Exhibit "B," including any applicable easements for access and utilities (the "Premises"). 2. Use. The Premises may be used by Lessee for the provision of mobile/wireless communications services. Lessor agrees, at no expense to Lessor, to cooperate with Lessee, in making application for and obtaining all licenses, permits and any and all other necessary approvals that may be required for Lessee's intended use of the Premises. 3. Condition Precedent. This Lease is conditioned upon Lessee, or Lessee's assigns, obtaining all governmental licenses, permits and approvals enabling Lessee, or its assigns, to construct and operate mobile/wireless communications facilities on the Premises. 4. Term. The term of this Lease ("Term") shall be five (5) years commencing with the issuance of a local building permit allowing Lessee to construct its mobile/wireless communications facilities on the Premises ("Commencement Date"). Lessor may agree to extend the Term of this Lease for three (3) additional Terms ("Renewal Term") of five (5) years each. Each Renewal Term shall be on the same terms and conditions as set forth herein. 5. Rent. Upon the Commencement Date, Lessee shall pay Lessor, as rent, the sum of One Thousand Five Hundred and No/100 Dollars ($1,500.00) ("Rent") per month. Rent shall be payable on the 1st day of each month, in advance, to Lessor at Lessor's address specified at the beginning of this Lease. If the Commencement Date is other than the first day of a calendar month, Lessee may pay on the first day of the Term the prorated Rent for the remainder of the calendar month in which the Term commences, and thereafter, Lessee shall pay a full month's Rent on the first day of each calendar month, except that payment shall be prorated for the final fractional month of this Lease, or if this Lease is terminated before the expiration of any month. Rent shall be increased on each anniversary of the Commencement Date by an amount equal to three percent (3%) of the Rent for the previous year. Improvements; Access. (a) Lessee may, with the Lessor's prior permission enter the Premises for the purpose of making necessary inspections and engineering surveys (and soil tests where applicable) and other reasonably necessary tests (collectively "Tests") to determine the suitability of the Premises for Lessee's Facilities (as defined herein) and for the purpose of preparing for the construction of Lessee's Facilities During any Tests or pre-construction work, Lessee must have insurance as set forth in Section 12, Insurance. Lessee will notify Lessor and AGC of a minimum of one (1) day in advance of any proposed Tests or pre-construction work and will coordinate the scheduling of same with Lessor. If Lessee determines that the Premises are unsuitable for Lessee's contemplated use, then Lessee will notify Lessor and this Lease will terminate. (b) Lessee has the right to construct, maintain, install, repair and operate on the Premises radio communications facilities as set forth in Exhibit "B" ("Lessee's Facilities"). In connection therewith, Lessee has the right to do all work necessary to prepare, add, maintain and alter the Premises for Lessee's communications operations and to install utility lines and transmission lines connecting antennas to transmitters and receivers. Lessee shall have the right to install any warning signs on or about the Premises required by federal, state or local law. All of Lessee's construction and installation work shall be performed at Lessee's sole cost and expense and in a good and workmanlike manner. Title to Lessee's Facilities and any equipment placed on the Premises by Lessee shall be held by Lessee or its equipment lessors or assigns. Lessee's Facilities shall not be considered fixtures. Lessee has ~,. No. CA Lease Form 5/2001 - t - MITIALED BY: ~~~ ~~