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Market:Northern California Cell Site Number:CNU0413 Search Ring Name:Livermore Cell Site Name:Livermore(CA) Fixed Asset Number:10087959 and-payment bond in the amount of One Hundred Thousand Dollars ($100,000) to ensure the Lessee's faithful performance of all the terms and conditions in this Lease Agreement, including without limitation the monthly payment of the Base Rent and Additional Rent, and the restoration of the Property to the extent required pursuant to the terms and conditions of this Lease Agreement. (2) Certificate of Deposit: The Lessee shall furnish to and maintain with the City, in a form acceptable to the City's Attorney, a joint Certificate of Deposit in the amount of Ten Thousand Dollars ($10,000) to ensure the Lessee's faithful performance of all the terms and conditions in this Lease Agreement, and which is payable as described in this subsection. The Lessee, but not the City, may draw all the interest earned on such an account. The City, but not the Lessee, may draw the principal of such an account to cure any default that the Lessee failed to correct in accordance with the provisions in Section 28 of this Lease Agreement. If the City draws the principal, the Lessee must replenish the draw within thirty (30) days following Lessee's receipt of written notice from City for any such amount. 6. Utilities. The Lessee is responsible for obtaining utility connections for the Equipment and the Wireless Telecommunications Facility. The Lessee shall establish all utility accounts in its name and is responsible for all charges and fees associated with the account. The Lessee may install over, in, and across the Property such cables, wires, or pipes reasonable necessary to deliver utility services to the Leased Areas ("Service Lines"), in a manner that does not interfere with the City's use or operation of the Property. The Lessee must obtain the City's prior written approval, not to be unreasonably withheld, conditioned or delayed, for the design and location of the Service Lines before they are installed. If required by the City for a legitimate governmental purpose, the City may require the Lessee to redesign or relocate the Service Lines, or to connect to existing services, provided that such redesign or relocation shall not result in a material reduction in the quantity or quality of services which Wireless Provider enjoyed prior to the redesign or relocation. 7. City's Rights. City reserves the right to use the Premises for City's operations. It is understood that construction, reconstruction, maintenance facilities or improvements for City, present or future, upon said Property shall at all times be paramount to any rights under this Lease Agreement, provided that City will not materially and adversely interfere with Lessee's use of the Premises. Lessee's construction, reconstruction, maintenance, and use of the Lessee's Equipment, Antenna, and Wireless Telecommunication Facility, and all work upon or in connection therewith, shall not materially and adversely interfere with the City's present or future operations on or from the Property or the Tower. The location of the Equipment and Antenna, and Wireless Telecommunication Facility, the construction, reconstruction, and maintenance thereof, and all work in connection therewith, shall be done and made under the supervision of and to the reasonable satisfaction of City. 8. Access. Access to the Leased Areas shall only be from the gated access driveway on Doolan Road and along the paved access road up to the Leased Areas. Such access shall be obtained by request to the City of Livermore Water Resources Division at (925) 960-8100 with a 24-hour advance notice. Anyone requesting access must first receive clearance from the Livermore Police Department. To receive such clearance, the individual must provide their name, Driver's License Number and State of issue, their date of birth, company name, and purpose of site visit at least 96 hours before the initial site visit. After an individual is cleared by Lease for Installation of Telecommunications Equipment-Final Page 5