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OPTION AND LAND LEASE AGREEMENT
<br /> This Agreement made this day of ,20 ,between City of Pleasanton,a municipal
<br /> corporation,with its principal offices located at 123 Main Street,Pleasanton,CA 94566,hereinafter
<br /> designated LESSOR and GTE Mobilnet of California Limited Partnership d/b/a Verizon Wireless,
<br /> with its principal offices located at One Verizon Way, Mail Stop 4AW100, Basking Ridge, New
<br /> Jersey 07920 (telephone number 866-862-4404), hereinafter designated LESSEE. The LESSOR
<br /> and LESSEE are at times collectively referred to hereinafter as the "Parties" or individually as the
<br /> "Party"
<br /> LESSOR is the owner of that certain real property located at 8251 Santos Ranch Road, City
<br /> Pleasanton, County of Alameda, State of California, as shown on the Tax Map of the County of
<br /> Alameda as Assessor Parcel Number 941-2100-002-06 (the entirety of LESSOR's property is
<br /> referred to hereinafter as the "Property"). LESSEE desires to obtain an option to lease a portion of
<br /> said Property, being described as two parcels containing approximately 470 square feet(the "Land
<br /> Space"), together with the non-exclusive right (the "Rights of Way") for ingress and egress, seven
<br /> (7) days a week twenty-four (24) hours a day, on foot or motor vehicle, including trucks over or
<br /> along a twelve (12') foot wide right-of-way extending from the nearest public right-of-way to each
<br /> of the parcels constituting the Land Space, and for the installation and maintenance of utility wires,
<br /> poles, cables, conduits, and pipes over, under, or along one or more rights of way from the Land
<br /> Space, said Land Space and Rights of Way (hereinafter collectively referred to as the "Premises")
<br /> being substantially as described herein in Exhibit"A"attached hereto and made a part hereof.
<br /> NOW THEREFORE, in consideration of the sum of One Dollar ($1.00), to be paid by
<br /> LESSEE to the LESSOR, the LESSOR hereby grants to LESSEE the right and option to lease said
<br /> Premises, for the term and in accordance with the covenants and conditions set forth herein. The
<br /> foregoing payment shall be made by LESSEE within forty five (45) days of execution of this
<br /> Agreement or of receipt by LESSEE from LESSOR of the Rental Documentation, as defined in
<br /> and in accordance with Paragraph 3 of the Agreement below, whichever occurs later. The
<br /> providing by LESSOR of Rental Documentation to LESSEE shall be a prerequisite for the
<br /> payment of the foregoing amount or any other option or rental payment, if applicable, by
<br /> LESSEE, and notwithstanding anything to the contrary herein, LESSEE shall have no obligation
<br /> to make any payment(s)until Rental Documentation has been supplied to LESSEE.
<br /> The option may be exercised at any time on or prior to twelve(12) months after the date of
<br /> this Agreement. If the option has not been so exercised, it shall be automatically extended for one
<br /> additional period of twelve(12)months,unless LESSEE gives written notice to the LESSOR of the
<br /> intent not to extend prior to the end of the initial option period. If the option is extended, LESSEE
<br /> shall make an additional payment of Five Hundred Dollars ($500.00)to LESSOR within thirty(30)
<br /> days of the option being extended, provided LESSOR has supplied to LESSEE the Rental
<br /> Documentation, as defined in and in accordance with Paragraph 3 of the Agreement below. The
<br /> time during which the option may be exercised may be further extended by mutual agreement in
<br /> writing. If during said option period, or during the term of the lease, if the option is exercised, the
<br /> LESSOR decides to subdivide, sell or change the status of the Property or his property contiguous
<br /> thereto he shall immediately notify LESSEE in writing so that LESSEE can take steps necessary to
<br /> protect LESSEE's interest in the Premises.
<br /> Meadowlark Park
<br /> 1139660.4
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