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ORIGINAL SITE NUMBER:P4)07.01
<br /> Sm{NAME: Remnbn-C(City Tower)
<br /> COMMUNICATIONS SITE LEASE AGREEMENTSCNE
<br /> THIS COMMUNICATIONS SITE LEASE AGREEMENT("Lease')is dated this .... day of
<br /> PA OA/ 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. Premises. 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 /> 094-0021-012-02)("Lessor's Property"),including any applicable easements for access and Utilities(the"Premises").
<br /> 2. Use. 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 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. In. 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(S)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)year Term shall be made only once every five(5)years at the beginning of each Renewal Term. rye/
<br /> R4 1 of 16 lNmAIED BY: 2-v
<br /> 5!14,96
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