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<br />TOWER LEASE WITH OPTION
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<br />THIS TOWER LEASE WITH OPTION (this "Lease") is by and between City of Pleasantoo ("Landlord") and
<br />Omnipoint Communications Inc.,d/b/a T -Mobile, a Corporation("Tenant").
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<br />1. Dotion to Lease.
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<br />(a) In consideration of the payment of five hundred and no/100 dollars ($500.00) (the "Option Fee") by Tenant to
<br />Landlord, Landlord hereby grants to Tenant an option to lease the use of a portion of the real property described in the attached
<br />Exhibit A (the "Property"), together with the right to use the tower located thereon ("Tower") on the terms and conditions set
<br />forth herein (the "Option"). The Option shall be for an initial term of twelve (12) months, commencing on the Effective Date (as
<br />defined below) (the "Option Period"). The Option Period may be extended by Tenant for an additional twelve (12) months upon
<br />written notice to Landlord and payment of the sum of five hundred and no/100 dollars ($500.00) ("Additional Option Fee") at
<br />any time prior to the end of the Option Period.
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<br />l(b). During the Option Period and any extension thereof, and during the term of the Lease, Landlord shall cooperate
<br />with Tenant in obtaining, at Tenant's expense, all licenses, permits or authorizations required for Tenant's use of the Premises (as
<br />defined below) from all applicable government and/or regulatory entities, induding the City of Pleasant on ("Pleasanton") and the
<br />Federal Communications Commission ("FCC") ["Governmental Approvals"] including all land use and zoning permit
<br />applications. Notwithstanding the prior sentence or any other provision of the this Site Lease, Landlord retains its full
<br />discretionary police power and discretionary authority with respect to Tenant's application for a Pleasanton Governmental
<br />Approval and Landlord shall not be in breach of this Site Lease if Landlord does not approve Tenant's application for a
<br />Pleasanton Governmental Approval. Landlord grants to Tenant a right of access to the Property to perfonn surveys, soils tests,
<br />and other engineering procedures or environmental investigations on the Property necessary to detennine that Tenant's use of the
<br />Premises will be compatible with Tenant's engineering specifications, system design, operations and Governmental Approvals.
<br />During the Option Period and any extension thereof. Tenant may exercise the Option by so notifying Landlord in writing, at
<br />Landlord's address in accordance with Section 12 hereof.
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<br />(c) If Tenant exercises the Option, then, subject to the following tenns and conditions, Landlord hereby leases to
<br />Tenant the use of that portion of the Tower and Property, together with easements for access and utilities, generally described and
<br />depicted in the attached Exhibit B (collectively referred to hereinafter as the "Premises"). The Premises, located at Off Moller
<br />Ranch Dr., Pleasanton/Alameda/CA, comprises approximately 600 square feet. Tenant's location on the Tower shall be at 700
<br />feet above ground level.
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<br />2. Term. The initial term of the Lease shall be five (5) years commencing on the date of exercise of the Option (the
<br />"Commencement Date"), and tenninating at midnight on the last day oftbe month of the initial term (the "Initial Term").
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<br />3. Permitted Use. The Premises may be used by Tenant for the transmission and reception of radio communication
<br />signals and for the construction, installation, operation, maintenance, repair, removal or replacement of related facilities, tower
<br />and base, antennas, microwave dishes, equipment shelters and/or cabinets and related activities.
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<br />4. Rent. Tenant shall pay Landlord, as rent. two thousand and no/IOO dollars ($2,000.00) per month ("Rent"). Rent
<br />shall be payable within twenty (20) days following the Commencement Date prorated for the remainder of the month in which
<br />the Commencement Date falls and thereafter Rent will be payable monthly in advance by the fifth day of each month to City of
<br />Pleasanton at Landlord's address specified in Section 12 below. If this Lease is tenninated at a time other than on the last day of
<br />a month, Rent shall be prorated as of the date oftennination for any reason (other than a default by Tenant) and all prepaid Rent
<br />shall be immediately refunded to Tenant.
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<br />5. Renewal. Tenant shall have the right to extend this Lease for four (4) additional, five~year terms (each a "Renewal
<br />Term"). Each Renewal Term shall be on the same tenns and conditions as set forth herein, except that Rent shall be increased by
<br />three percent (3%) of the Rent paid over the preceding year. This Lease shall automatically renew for each successive Renewal
<br />Term unless Tenant notifies Landlord, in writing, of Tenant's intention not to renew this Lease, at least sixty (60) days prior to
<br />the expiration of the Initial Term or any Renewal Tenn. If Tenant shall remain in possession of the Premises at the expiration of
<br />this Lease or any Renewal Term without a written agreement, such tenancy shall be deemed a month~to~month tenancy under the
<br />same terms and conditions of this Lease.
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<br />6. Interference. Tenant shall not use the Premises in any way which interferes with the use of the Property by
<br />Landlord or lessees or licensees of Landlord, with equipment .installed prior in time to Tenant's installation. Similarly, Landlord
<br />shall not use, nor shall Landlord pennit its lessees, licensees, employees, invitees or agents to use, any portion of the Property in
<br />any way which interferes with the operations of Tenant. Such interference shall be deemed a material breach by the interfering
<br />party, who shall, upon written notice from the other, be responsible for tenninating said interference. In the event any such
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<br />Site Nwnber:
<br />Site Name:
<br />Market
<br />
<br />BAI176S
<br />Water Tank Hill
<br />Bay Area
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<br />CA Version 7.6.05
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