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COMMUNICATIONS SITE LEASE AGREEMENT THIS COMMUNICATIONS SITE LEASE AGREEMENT ("Lease Agreement") dated as at 2008 (the "Effective Date") is made by and between MetroPCS California, LLC, a Delaware limited liability company ("Lessee") and the City of Pleasanton, a municipal corporation ("Lessor"). RECITALS This Lease Agreement is entered into based upon the following facts, circumstances and understandings: A. Lessor owns certain real property legally described in Exhibit "A" attached hereto and commonly known as 3998 Foothill Road, Pleasanton, CA 94566; Assessor's Parcel Number: 941-2100-002-06 ("Lessor's Real Property"). Lessee desires to lease a portion of Lessor's Real Property with any necessary easements over other portions of Lessor's Real Property and/or shazed use of Lessor's easements over other real property necessary for Lessee's access and utilities to the leased area (altogether the "Premises"), as described on Exhibit "B" attached hereto. Lessor represents and warrants that it has full rights of ingress to and egress from the Premises from a public roadway. B. Lessee is a communications carrier that desires to construct and operate a wireless communications site at the Premises as part of its communications network. C. Lessor is willing to lease the Premises to Lessee for Lessee's proposed use subject to the tenns and conditions of this Lease Agreement. WHEREFORE, the parties hereto agree as follows: 1. Grant of Lease. Lessor hereby leases to Lessee the Premises for Lessee's proposed use, subject to the following terms and conditions. 2. Permitted Uses. The Premises may be used by Lessee for the operation of a wireless communications site. Under this Lease Agreement, Lessee may install, place, use and operate on the Premises such antennas, radio transmitting and receiving equipment, conduits, wires, batteries, back-up generators, utility lines and facilities, supporting stmctures, storage facilities, and related equipment (collectively "Lessee's Facilities") as Lessee deems necessary for the operation of its wireless communications site at the Premises. Further, Lessee may perform construction, maintenance, repays, additions to, and replacement of Lessee's Facilities as necessary and appropriate for its ongoing business and has the right to do all work necessary to prepare, modify and maintain the Premises to accommodate Lessee's Facilities and as required for Lessee's communications operations at the Premises. 3. Conditions Precedent: Prior Aourovals. This Lease Agreement is conditioned upon Lessee obtaining all governmental licenses, permits and approvals enabling Lessee to construct and operate wireless communications facilities on the Premises. Lessor agrees to cooperate with Lessee's reasonable requests for Lessor's signatures as real property owner on permit applications, for allowing site inspections by governmental agencies requred in connection with reviewing permit applications, and for assistance in obtaining such necessary approvals, provided that such cooperation and assistance shall be at no expense to Lessor. Notwithstanding the prior sentence or any other provision of this Site Lease, Lessor maintains its full discretionary police power and discretionary authority with respect to Lessee's application For Pleasanton Governmental Approval and Lessor shall not be in breach of this Lease if Lessor does not approve Lessee's application for a Pleasanton Govemmental Approval. Lessor grants to Lessee a right of access to the Property to perform surveys, soils tests, and other Page 1 of 12 Site No: SF06520A-Santos Ranch Site Address: 3998 Foothill Rd., Pleasanton, CA FINAL LEASE 9.14.08