NEXTEL OF CALIFORNIA ,INC. 1 - 2004

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authorities as well as satisfactory soil boring tests which will permit LESSEE's use of the Premises as set forth above. LESSOR shall cooperate with LESSEE in its effort to obtain such approvals and shall take no action which would adversely affect the status of the Property with respect to the proposed use by LESSEE. Prior to the Commencement Date, in the event that any of such applications for such Governmental Approvals should be finally rejected or any Governmental Approval issued to LESSEE is canceled, expires, lapses, or is otherwise withdrawn or terminated by the governmental authority or soil boring tests are found to be unsatisfactory so that LESSEE will be unable to use the Premises for its intended purposes or the LESSEE determines that the Premises is no longer technically compatible for its intended use, LESSEE shall have the right to terminate this Agreement. Notice of the LESSEE's exercise of its right to terminate shall be given to LESSOR in writing by certified mail, return receipt requested, and shall be effective upon the mailing of such notice by the LESSEE. All rentals paid to said termination date shall be retained by the LESSOR. Upon such termination, this Agreement shall become null and void and all the Parties shall have no further obligations including the payment of money, to each other. 10. APPROVAL OF PLANS. Prior to commencing construction of LESSEE's Facilities, LESSEE shall obtain LESSOR's approval of LESSEE's work plans, which approval shall not be unreasonably withheld, conditioned, or delayed; such approval shall be issued by the Executive Director of the Parks, Recreation and Community Services Agency or his/her designee. LESSOR shall give such approval or provide LESSEE with its requests for changes, which changes must comply with all applicable building codes, in writing within fifteen (15) working days of LESSOR's receipt of LESSEE's work plans. If LESSEE does not receive such approval or request for changes in writing within such fifteen (15) working day period, LESSOR shall be deemed to have disapproved the plans. LESSOR shall not be entitled to receive any additional consideration in exchange for giving its approval of LESSEE's plans. 11. USE. LESSEE shall use the Premises for the purpose of constructing, maintaining and operating a communications facility incidental to its co-located antennae to be placed on the AT&T owned mono-pine and uses incidental and all necessary appurtenances (Facility). It is understood by both parties that said facility shall be constructed as a concrete building to house equipment and supplies needed for collocation on the monopole. LESSEE must obtain and present to the LESSOR written permission ITom AT&T to co-locate prior to execution of this lease. All improvements shall be at LESSEE's sole expense and the installation of all improvements shall be at the discretion and option of the LESSEE, with LESSOR approval, which approval shall not be unreasonably withheld, delayed or conditioned. Said approval shall be obtained ITom LESSOR prior to commencement of any construction, alterations, modifications or improvements, LESSEE agrees to submit architectural and engineering drawings ("Plans") of the equipment to be installed. LESSEE agrees that the installation and maintenance of the Facility shall be effected with all reasonable diligence and precaution to avoid damage to the land, property or personnel. Notwithstanding the foregoing, once the initial improvements are installed, LESSEE may replace, substitute, upgrade and expand its equipment, cables and antennas which comprise its Co-Located Facility for the purpose of repairing or upgrading the communications capabilities of its Facility, with notice to LESSOR, so long as the equipment, cables or antennas remain within the original physical parameters of the Premises. LESSEE shall not make any physical and/or aesthetic changes to the Premises without the prior approval of LESSOR. Any such changes are subject to the provisions of Section 13 contained herein below. Further, lessee must obtain written permission ITom the owner of the mono-pine prior to any construction wok on said facility. (LESSEE shall be responsible for the cost of any and all damage to park property including but not limited to turf, concrete and/or asphalt, buildings and/or apprentices caused by LESSEE regardless of negligence. LESSOR at its discretion may require LESEE to repair and or replace said damages or contract for said services and bill LESSEE. The cost of said repairs can be subtracted ITom any deposits retained by LESSOR. The Facility shall be constructed and maintained in a manner and with materials that are consistent with the approved plans for the project. The materials actually used must match up with the proposed materials and artistic renderings. Except in cases of emergency, LESSEE agrees to provide twenty-four hours notice to LESSOR and/or Owner before any installation, maintenance, replacement or repair is to take place on the Premises. In the event that maintenance is required, such as the replacement of missing branches or the repainting of the Facility, such maintenance must be completed by LESSEE within thirty (30) days. Any graffiti placed on the LESSEE'S property shall be removed in 48 hours upon notification. CA7007D Lease 8-11-04 tg rg ~~ 3