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as follows;
<br /> (!)six months prior io lho expiration of the initial term,if LESSOR,in its reasonable discretion determines
<br /> that LESSEE's continued tenancy is not In conformity with LESSOR's intended use of the Property,LESSOR shall
<br /> provide written notice to LESSEE that the Lease will not be extended,
<br /> (ii)Thereafter,each subsequent renewal shall be subject to the following procedure:If LESSEE determines
<br /> that it desires to extend the term LESSEE shall provide written notice six(6)months prior to the end of the then
<br /> current term,; Within sixty (60) days of receipt of LESSEE's notice, LESSOR shall determine whether such
<br /> extension is in LESSOR's best interest and, if not in LESSOR's interest, LESSOR shall deny such extension
<br /> request.
<br /> If Lessor does not respond within sixty(60)days,the lease is deemed renewed far an additional Renewal
<br /> Term. If neither party provides notice asset forth above,the lease shall continue an a month-to-month basis,
<br /> R. GO N P V LS, It is understood and agreed that LESSEE's ability to Ilse the
<br /> Premises is contingent upon its obtaining.all of the ecrtifieates, permits and other approvals (collectively the
<br /> "Governmental 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 asset forth herein. LESSOR shall cooperate with
<br /> LESSEE in its effort to obtain sash approvals and shall take no action,which would adversely affect the status of the
<br /> Property with respect to the proposed use by LESSEE.
<br /> Prior to the Commencement Date, LESSEE shall have the right (but riot the obligation)to enter the
<br /> Premises for the purpose of making necessary inspections and engineering surveys(and soil tests.where npplicable)
<br /> and other reasonably necessary tests(collectively"Tests")to determine the an liability of the Promises for LESSEE's
<br /> Facilities(defined below)and for the purpose of pMparing for the construction of LESSEE's Facilities. Iu the event
<br /> that any of such applications for such Governmental Approvals should be finally rejected or arty Governmental
<br /> Approval Issued to LESSEE Is canceled, expires, lapses, or is otherwise withdrawn or terminated by the
<br /> governmental authority or soil boring Nests are found to be unsatisfactory so that LESSEE will be unable to use the
<br /> Premises for its intended purposes or LESSEE determines that the Premises is no longer technically compatible for
<br /> its intended use,LESSEE shall have The right to terminate this Agreement. Notice of LESSEH's exercise of Its right
<br /> to terminute shall be given to LESSOR in writing by certified mail,return receipt requested,and shall be effective
<br /> upon the mailing of such notice by 1,85SEF, All rentals paid to said termination date shall be retained by the
<br /> LESSOR. Upon such ternination,this Agreemont shall became null and void and all the Parties shall have no
<br /> further obligations including the payanent of.money,to each other,
<br /> 9, APPROVAL OAF AI', Prior to commencing construction of LESSEE's Facilities (defined
<br /> below), LESSEE shall obtain LESSOR's approval of LFSSEE's work plans, which approval shall .not he
<br /> unreasonably, withheld, conditioned, or delayed; such approval shall be issued by the City Manager or Wier
<br /> designee. LESSOR shall give such approval or provide LESSEE with its rcqucsts for changes,which changes must
<br /> comply with all applicable building codes, In writing within fifteen (15)working days of L"SOR's receipt of
<br /> LESSI~E's work plans. If LESSEE door.not receive such approval or request for changes in writing within such
<br /> fifteen (15) working day period, LESSOR.shall be deemed to have approved the plans. LFMR s€tall not be
<br /> entitled to receive any additional consideration in exchange forgiving its approval of LESSEE's plans.
<br /> 10. UM,UA1lj{,r:1�tLANCE. LESSEN may use the Premises for any lawful activity in connection with
<br /> LESSEE'. provisioning of .its tnobil0wirolc6s communications services, Including without limitation, the
<br /> transmission and the reception of radio communication signals on various licensed frequencies. Accordingly,
<br /> LESSEE shall have the right to construct, maintain, install, repair, and operate on the Premises its radio
<br /> communications facilities, including but not limited to, radio frequency+ transmitting and receiving equipment,
<br /> batteries, utility lines, transmission lines, radio frequency transmitting and receiving antennas and supporting
<br /> structuros Find improvements O LESSEE's Facilities"), All improvements shall be at LESSEE's sale expense and
<br /> the installation of all improvements shall beat the discretion and option of LE831713,.with LESSOR approval,which
<br /> approval shall riot be unreasonably withheld, delayed or Conditioned. Said approval shall be obtained from
<br /> LESSOR prior to commencement of any construction, alterailons, modifications or improvements pursuant to
<br /> Section 9 above,and LESSEE agrees to submit architectural and engineering drawings(''Plans")of the equipment to
<br /> be installed. LESSEE agrees that the installation and maintenance of LESSEE's Facilities shall he effoctcd with all
<br /> reasonable diligence and precaution to avoid damage to the land, property or personnel. Notwithstanding the
<br /> foregoing,once(he initial improvements are installed,LESSEE may replace,substitute; upgrade and expand its
<br /> equipment,cables and antennas vvhtch comprise LESSEE's Facilities for the purpose of repairing or upgrading the
<br /> communications capabilities of I,PSSEE's Facilities,with notice to LESSOR,so long as the equipment,cables or
<br /> SitoNO:L403009CIElSityWtVwk Psge10(23
<br /> Site Address: I S2S Civic Conter Drive wesi,Ssa:ta Atia,CA 92703
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