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„` ;~' <br />- ~ OR - s~ ~~~: PLI07.U1 <br />817E NAME: Aeasenloo.C (CYty Tower) <br />COMMUNICATIONS SITE LEASE AGREEMENT <br />THIS COMMUNICATIONS SITE LEASE AGREEMENT ("Lease") is dated this ~~-~ day of <br />1996, by and between PACIFIC BELL MOBILE SERVICES, a California <br />corporation "Lessee"), whose address is 4410 Rosewood Drive, Building 1, 4th Floor, Pleasanton, California <br />94588, and CITY OF PLEASANTON, who acquired title as Town Of Pleasanton, a Municipal Corporation, by <br />Deeds recorded January 11, 1902 and March 28, 1957 and June 12, 1962 ("Lessor"), whose address is 200 Old Bernal <br />Avenue, P.O. Box 520, Pleasanton, California 94566. <br />The parties hereto agree as follows: <br />1. $g1111S~S. Lessor owns the real property legally described in Exhibit "A" attached hereto. Subject to the <br />following terms and conditions, Lessor leases to Lessee that portion of Lessor's property depicted in Exhibit `B" <br />attached hereto, commonly known as 519 Kottinger Drive, Pleasanton, California 94566 (Assessor's Parcel Number <br />094-0021-012-OZ) ("Lessor's Property"), including any applicable easements for access and utilities (the "Premises"). <br />2. jam. The Premises may be used by Lessee for any lawful activity in connection with the provisions of <br />mobile/wireless communications services, including without limitation, the transmission and the reception of radio <br />communication signals on various frequencies and the construction, maintenance and operation of related <br />communications facilities as set forth in Exhibit B subject to the approval of Lessor, which approval shall not be <br />unreasonably withheld. Lessor agrees to cooperate with Lessee, at Lessee's expense, in making application for and <br />obtaining all licenses, permits and any and all other necessary approvals that may be required for Lessee's intended <br />use of the Premises. Lessee shall be responsible for all costs associated with planning and construction permits. <br />Lessee shall use the Premises in accordance with all applicable laws and regulations of governmental bodies with <br />jurisdiction over the Premises and Lessee's Facilities as defined herein. <br />3. Conditions Precedent. This Lease is conditioned upon Lessee, or Lessee's assigns, receiving a license from the <br />Federal Communications Commission ("FCC") and obtaining all governmental permits and approvals enabling <br />Lessee, or its assigns, to construct and operate mobile/wireless communications facilities where the Premises are <br />located. <br />4. Term. The term of this Lease ("Term") shall be five (5) years commencing with the issuance of a local <br />building permit to construct communications facilities on the Premises, or August 1, 1996, whichever is earlier <br />("Commencement Date"). Lessee shall have the right to extend the Term of this Lease ("Renewal Term") for two (2) <br />additional Terms of five (5) years each. Each Renewal Term shall be on the same terms and conditions as set forth <br />herein. This Lease shall automatically be renewed for each successive Renewal Term unless Lessee notifies Lessor in <br />writing of Lessee's intention not to extend the Term of this Lease at least thirty (30) days prior to the expiration of <br />the original Term or any Renewal Term. In no event shall the Term of this Lease exceed a total of fifteen (15) years <br />unless otherwise agreed upon by Lessor and Lessee. <br />5. Rent. Upon the Commencement Date, Lessee shall pay Lessor, as rent, the sum of One Thousand Dollars <br />($1,000.00) ("Rent") per month. Rent shall be payable on the 1st day of each month, in advance, Lessor at the <br />address specified below in Paragraph 17, Miscellaneous. <br />At the end of the initial five (5) year Term, Lessee shall adjust the Rent by the percentage change in the <br />Consumer Price Index published by the Bureau of Labor Statistics of the United States Department of Labor, for All <br />Urban Consumers (CPI-U). Lessee shall notify Lessor in writing concerning any Rent adjustment with calculation <br />detail, and such written notice, sent return receipt requested, shall be served at least thirty (30) days prior to the <br />effective date of the new adjusted Rent, it being understood however that Rent increases commencing after the initial <br />five (5) yeaz Term shall be made only once every five (5) yeazs at the beginning of each Renewal Term. <br />Rq I o[ 16 INTI'[ALED BY: ~ V <br />5/?A/96 <br />