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ORIGINAL
<br />PCS SITE AGREEMENT
<br />Page 1 of 4
<br />Site Name: Helen Court Water Tank
<br />1. Property and Use.
<br />A. The City of Redlands ("Owner") is the owner of the real
<br />property and improvements described in Exhibit "A" (the
<br />"Property") and hereby leases to Cox PCS Assets, L.L.C., a
<br />Delaware limited liability company ("Cox"), a portion of the
<br />Property as described in Exhibit "A" herein referred to as the "Site"
<br />which consists of; (i) approximately 667 square feet upon which
<br />Cox will construct its equipment base station; (ii) ground space for
<br />installation of antenna poles and (iii) ground space for cable runs
<br />to connect the equipment and antenna poles in the locations on the
<br />Property described in the plans marked as Exhibit "B" attached
<br />hereto, and pursuant to the terms and conditions of Conditional
<br />Use Permit ("CUP") No. 728 attached hereto as Exhibit C.,
<br />B. The Site shall be used by Cox, subject to the conditions set
<br />forth in CUP No, 728, for the sole purpose of installing, removing,
<br />replacing, maintaining, modifying and operating, at its expense, a
<br />personal communications service system facility ("PCS"),
<br />including, without limitation, related antennas, equipment, back-
<br />up power sources (including generators and fuel storage tanks),
<br />cable, wiring and fixtures and, if applicable, an antenna structure.
<br />Owner hereby grants Cox an easement for ingress to and egress
<br />from the Property and access to Cox's Site and improvements
<br />located on the Property as shown on Exhibit B and Cox shall have
<br />access to the Site twenty-four (24) hours per day, seven (7) days per
<br />week. Cox shall use the Site in a manner which shall not
<br />unreasonably disturb the occupancy of Owner's other tenants, or
<br />Owner's use of the Property.
<br />C. In construction and use of the Site by Cox, Cox shall
<br />rerrlove no trees that are present on the Property at the time Cox
<br />takes possession of the Slte. Violation of this provision shall be
<br />grounds for immediate termination of the lease by Owner at the
<br />Owner's sole discretion. Owner shall be entitled to immediate
<br />possession of the Site and retention of all prepaid rent as liquidated
<br />damages for violation of this Section.
<br />D. Cox is leasing the Site in "AS -IS" condition and Owner
<br />does not represent that the Site is suitable for Cox's intended use.
<br />Cox is responsible to undertake such due diligence as it deems
<br />necessary to determine the condition and suitability of the Site,
<br />G4CLIE:N7SUSB%SPRI T•Southern C:allRxnigSan(3errardir4SR-35-XCUR1
<br />June 14, 2001
<br />Site 1.0. No.: SB-35-XC-081(0)
<br />2. Terns. The term of this Agreement (the "Initial Term") is twenty
<br />(20) years, commencing on the date ("Commencement Date")
<br />both Cox and Owner have executed this Agreement.
<br />3. Rent. Rent shall be in the amount of Twenty -Five Thousand
<br />Dollars ($25,000.00 per year, for each year during the term of this
<br />Agreement. Rent will be increased every five years on the
<br />anniversary of the Commencement Date by fifteen percent (15%).
<br />4. Title and Owlet Possessions. Owner represents and agrees (a)
<br />that it is the Owner of the Site; (b) that it has the right to enter into
<br />this Agreement; (c) that the person signing this Agreement has the
<br />authority to sign; (d) that Cox is entitled to access and use of the
<br />Site as provided herein throughout the term of this Agreement.
<br />Notwithstanding the forgoing, in the event of any situation which
<br />poses an immediate threat of substantial harm or damage to
<br />persons and/or property and which requires entry on the Site by
<br />Owner, Owner may enter the Site and take such actions as are
<br />required to protect individuals or personal property from such
<br />substantial harm or damage; provided that promptly after such
<br />entry into the Site (in no event later than forty-eight (48) hours),
<br />Owner gives telephonic and written notice to Cox of Owner's entry
<br />onto the Site.
<br />5. Assignment/Subletting. Cox shall not assign or transfer this
<br />Agreement or sublet all or any portion of the Site without the prior
<br />written consent of Owner, which consent will not be unreasonably
<br />withheld. In the event Cox attempts any assignment or transfer
<br />without the Owner's prior written consent, such action shall be null
<br />and void, and this Agreement shall immediately be subject to
<br />termination at the option of Owner.
<br />6. Notices. All notices shall be in writing and are effective three
<br />days after deposited in the U.S, mail, certified and postage prepaid,
<br />or the next business day when sent via overnight delivery. Notices
<br />to Cox are to be sent to 4683 Chabot Drive, Suite 100, Pleasanton,
<br />CA 94588 with a copy to Sprint Law Department, 6391 Sprint
<br />Parkway, Mailstop: KSOPHTO1O1-Z2020, Overland Park,
<br />Kansas 66251-2020, Attention: Sprint PCS Real Estate Attorney.
<br />Notices to Owner shall be sent to the address shown underneath
<br />Owner's signature.
<br />7. improvements. Cox may, at its expense, make any
<br />improvements on the Site permitted pursuant to CUP No. 728,
<br />
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