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<br />ends, if the LESSOR determines, in its reasonable discretion that LESSEE's continued tenancy would not be in
<br />conformity with the LESSOR's intended use of its Property at such time. LESSEE may decline its option to renew
<br />at the end of the then-current term by giving LESSOR written notice of the intent to terminate at least thirty (30)
<br />days prior to the end of the then current term.
<br />
<br />8. GOVERNMENTAL APPROVALS. It is understood and agreed that LESSEE's ability to use the
<br />Premises is contingent upon its obtaining all of the certificates, permits and other approvals (collectively the
<br />"Goverrunental Approvals") that may be required by any Federal, State or local authorities as well as satisfactory
<br />soil boring tests which will permit LESSEE's use of the Premises as set forth herein. LESSOR shall cooperate with
<br />LESSEE in its effort to obtain such approvals and shall take no action, which would adversely atlect the status of the
<br />Property with respect to the proposed use by LESSEE.
<br />
<br />Prior to the Commencement Date, LESSEE shall have the right (but not the obligation) to enter the
<br />Premises for the purpose of making necessary inspections and engineering surveys (and soil tests where applicable)
<br />and other reasonably necessary tests (collectively "Tests") to determine the suitability of the Premises for LESSEE's
<br />Facilities (as defined below and in Exhibit D attached hereto) and for the purpose of preparing for the construction
<br />of LESSEE's Facilities. In the event that any of such applications for such Governmental Approvals should be
<br />finally rejected or any Governmental Approval issued to LESSEE is canceled, expires, lapses, or is otherwise
<br />withdrawn or terminated by the governmental authority or soil boring tests are found to be unsatisfactory so that
<br />LESSEE will be unable to use the Premises for its intended purposes or LESSEE determines that the Premises is no
<br />longer technically compatible for its intended use, LESSEE shall have the right to terminate this Agreement. Notice
<br />of LESSEE's exercise of its right to terminate shall be given to LESSOR in writing by certified mail, return receipt
<br />requested, and shall be effective upon the mailing of such notice by LESSEE. All rentals paid to said termination
<br />date shall be retained by the LESSOR. Upon such termination, this Agreement shall become null and void and all
<br />the Parties shall have no further obligations including the payment of money, to each other.
<br />
<br />9. APPROVAL OF PLANS. Prior to commencing construction of LESSEE's Facilities (defined
<br />below), LESSEE shall obtain LESSOR's approval of LESSEE's work plans, which approval shall not be
<br />umeasonably withheld, conditioned, or delayed; such approval shall be issued by the Executive Director of the
<br />Parks, Recreation and Community Services Agency or hislher designee. LESSOR shall give such approval or
<br />provide LESSEE with its requests for changes, which changes must comply with all applicable building codes, in
<br />writing within fifteen (15) working days of LESSOR's receipt of LESSEE's work plans. If LESSEE does not
<br />receive such approval or request for changes in writing within such fifteen (15) working day period, LESSOR shall
<br />be deemed to have approved the plans. LESSOR shall not be entitled to receive any additional consideration in
<br />exchange for giving its approval of LESSEE's plans.
<br />
<br />10. USE. LESSEE may use the Premises 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. Accordingly, LESSEE shall have the right to construct, maintain, install, repair, and
<br />operate on the Premises radio communications facilities, including but not limited to, radio frequency transmitting
<br />and receiving equipment, batteries, utility lines, transmission lines, radio frequency transmitting and receiving
<br />antennas and supporting structures and improvements ("LESSEE's Facilities"). All improvements shall be at
<br />LESSEE's sole expense and the installation of all improvements shall be at the discretion and option of LESSEE,
<br />with LESSOR approval, which approval shall not be unreasonably withheld, delayed or conditioned. Said approval
<br />shall be obtained from LESSOR prior to commencement of any construction, alterations, modifications or
<br />improvements pursuant to Section 9 above, and LESSEE agrees to submit architectural and engineering drawings
<br />("Plans") of the equipment to be installed. LESSEE agrees that the installation and maintenance of LESSEE's
<br />Facilities shall be effected with all reasonable diligence and precaution to avoid damage to the land, property or
<br />personnel. Notwithstanding the foregoing, once the initial improvements are installed, LESSEE may replace,
<br />substitute, upgrade and expand its equipment, cables and antennas which comprise LESSEE's Facilities for the
<br />purpose of repairing or upgrading the communications capabilities of LESSEE's Facilities, with notice to LESSOR,
<br />so long as the equipment, cables or antennas remain within the original physical parameters of the Premises.
<br />LESSEE shall not make any substantive physical and/or aesthetic changes to the Premises without the prior approval
<br />of LESSOR which shall not be unreasonably withheld, conditioned or delayed. Any such changes are subject to the
<br />provisions of Section 13 contained herein below. LESSEE shall be responsible for the cost of any and all damage to
<br />park property including but not limited to turf, concrete and/or asphalt, buildings and/or apprentices caused by
<br />LESSEE regardless of negligence. LESSOR at its discretion may require LESSEE to repair and or replace said
<br />damages or contract for said services and bill LESSEE. The cost of said repairs can be subtracted from any deposits
<br />
<br />Site #: LA030lOA
<br />Site Name: TMOIO Jerome Park
<br />Market: California
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