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<br /> Communications") and LESSEE'S Facilities shall comply with all non-interference rules of the Federal
<br /> Communications Commission("FCC"). LESSOR shall not use,or permit the use of,any portion of the Property in
<br /> any way,which interferes with LESSEE's use of the Promises or encroaches upon the Premises. In addition to any
<br /> other rights LESSEE may have hereunder, LESSEE shall have the right to bring legal action to enjoin such
<br /> interference against the party causing any alleged interference and/or immediately terminate this Agreement.
<br /> Notwithstanding the foregoing, Pm-Existing Communications operating in the same manner as on the date this
<br /> Agreement is fully executed shall not be deemed interference. LESSOR shall require any future tenants,assignees,
<br /> licensees, or occupants using any portion of the Property for the operation of mobile/wireless or radio
<br /> communications facilities to comply with the provisions of this Section and shall obtain LESSEE's written consent
<br /> prior to allowing such use of the Property,which such consent shall not be unreasonably withheld,conditioned,or
<br /> delayed,provided that LESSEE's consent may be withheld if interference with LESSEE's transmissions,receptions,
<br /> operations,or use of frequency will result due to such use,whether or not such interference is with LESSEE's
<br /> frequencies or otherwise. The Executive Director of Parks shall determine whether consent is unreasonably
<br /> withhold and may require LESSEE to consent subject to the above conditions.
<br /> 14. JIEM0VAL UPON TERMINATION. LESSEE, upon expiration or earlier lamination of the
<br /> Agreement,shall,within'ninety(90)days,remove all of LESSEE's fixtures and all personal property and otherwise
<br /> restore the Premises substantially to its original condition,at LESSEE'S sole expense,reasonable wear and tear,and
<br /> casualty excepted. Underground conduits and foundations may remain at LESSOR's option. LESSOR agrees and
<br /> acknowledges that all of this equipment, fixtures and personal property of LESSEE shall remain the personal
<br /> property of J EASES and'LESSEE shall have the right to remove the same,whether or not said items are considered
<br /> fixtures and attachments to real property under applicable law. If such time for removal causes LESSEE to remain
<br /> on the Premises past the aforementioned ninety(90)day period after the expiration or earlier termination of this
<br /> Agreement,LESSEE shell pay rent at the then existing monthly rate or on the existing monthly pro•rata basis if
<br /> based upon a longer payment term,until such time as the removal of the building,antenna structure,fixtures and all
<br /> personal property are completed. Antenna support structure and all utilities cabling and wiring shall remain at
<br /> LESSOR's option in as-is condition.
<br /> 15. RECORDING AND QUITCLAIM pEEO., If requested by LESSEE,LESSOR agrees promptly to
<br /> execute and deliver to LESSEE a recordable Memorandum of this Land Lease Agreement in the form of Exhibit
<br /> "F". LESSEE agrees to execute and record a quitclaim deed or other instrument evidencing the termination of
<br /> LESSEE's interest in the Property upon the expiration or termination of this Agreement.
<br /> 16, RIOBTS UPON SALE Should the LESSOR, at any time during the term of this Agreement,
<br /> decide to sell all or any part of the Property to a purchaser other than LESSEE,such sale shall be under and subject
<br /> to this Agreement and LESSEE's rights hereunder.and any sale by the LESSOR of the portion of this Property
<br /> underlying the right-of-way herein granted shall be under and subject to the right of LESSEE in and to such
<br /> right-of-way. LESSOR shall obtain for the benefit of LESSEE a reasonable non-disturbance agreement from the
<br /> present and any future,mortgagee(n) or holder(s) of a deed of trust confirming that LESSEE's right to quiet
<br /> possession of the Premises during this Agreement shall not be disturbed,so long as LESSEE is not in default under
<br /> this Agreement.
<br /> 17. QUIET ENJOYMENT. LESSOR covenants that LESSEE,on paying the rent and performing the
<br /> covenants shall peaceably and quietly have,hold and enjoy the Premises,provided however,that LESSOR shall
<br /> have the right and privilege to conduct City Business on the Property,as necessary and to lease Tower 2,as set forth
<br /> in Paragraph 25,below. "City Business"shall include,but not be limited to the following: minor maintenance,
<br /> minor landscaping,minor construction, concessionaires,and City sponsored events,located near the Premises,so
<br /> long as the City Business does not interfere with or impair the operation of LESSEE,'s Facilities.
<br /> 18. TITL4. LESSOR covenants that LESSOR is seized of good and sufficient title and interest to the
<br /> Property and has full authority to enter into and execate this Agreement, LESSOR further covenants that there are
<br /> no other liens,judgments or impediments of title on the Property or affecting LESSOR's title to the same and that
<br /> there are no covenants,easements or restrictions which prevent the use of the Premises by LESSEE as set forth
<br /> above.
<br /> 19. NO LIENS. LESSEE will not permit any mechanics'or materialmen's liens on the Property for
<br /> any labor or material furnished to LESSEE in connection with work performed. LESSEE shall have the right to
<br /> contest the validity,nature,or amount of any such lien but,upon the final determination of such questions,shall
<br /> immediately pay any adverse judgment rendered with all proper costs and charges and have the lien released at its
<br /> Site e:LA07010A 4
<br /> Site Name:TM010Jcmmc Park
<br /> Market: California
<br /> Page 54 of 103
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