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ends,if the LESSOR determines, in its reasonable discretion that LESSEE'S continued tenancy would not be in
<br /> conformity with die 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 /> 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 /> "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 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 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 not the obligation) to enter the
<br /> Promises 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 withdrawn or terminated by the governmental authority or soil boring tests am found to be unsatisfactory so that
<br /> LESSEE wilt 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 Panics shall have no timber obligations including the payment of money,to each other.
<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 /> unreasonably withheld,conditioned,or delayed; such approval shall be issued by the Executive Director of the
<br /> Parks, Recreation andCommunity Services Agency or his/her 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 melt 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 /> ID. 115fl. 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 end 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 LESSER 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 I RSSEE. The cost of said repairs can be subtracted from any deposits
<br /> Sites:LA03010A 2
<br /> Site Name:TM010 Jerome Park
<br /> Market:California
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