PACIFIC BELL MOBILE SERVICES (SUBLEASE WATER TOWER) -1996

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/}-9�_p-1�P, CM -024 -21 COMMUNICATIONS SITE SUBLEASE AGREEMENT THIS COMMUNICATIONS SITE SUBLEASE AGREEMENT ( "Sublease ") dated as of April 1996, is between PACIFIC BELL MOBILE SERVICES, A CALIFORNIA CORPORATION C'Sublessee "), and THE CITY OF SANTA ANA, A MUNICIPAL CORPORATION ( "Sublessor "). Sublessor warrants that it has entered into a certain written lease agreement as defined in Exhibit "D -1" (the "Master Lease ") with Master Lessor as defined in Exhibit "D -1" for the leasing of that certain property defined in the Master Lease, including the Premises (as defined in Section 1 below). Sublessor warrants that a true and correct copy of the Master Lease is attached as Exhibit "D -2 ". This Sublease is subject and subordinate to the Master Lease. Except to the extent that the terms of the Master Lease are inconsistent with the terms of his Sublease, the terms and conditions of the Master Lease are incorporated into this Sublease. Notwithstanding anything to the contrary contained in the Master Lease, all liabilities, costs and expenses under the Master Lease shall be the sole responsibility of Sublessor unless expressly set forth in this Sublease. The parties hereto agree as follows: 1. Premises. Sublessor leases the real property legally described in Exhibit "A" commonly known as 1415 North French Street, Santa Ana, CA 92701 (Assessor's Parcel Number 398 - 151 -01). Subject to the following terms and conditions, Sublessor subleases to Sublessee that portion of Sublessor's property ( "Sublessor's Property ") depicted in Exhibit "B ", including any applicable easements for access and utilities (the "Premises "). 2. Use. The Premises may be used by Sublessee for any lawful activity in connection with the provision of mobile /wireless communications services, including without limitation, the transmission and the reception of radio communication signals on various frequencies and the construction, maintenance and operation of related communications facilities. Sublessor agrees, at no expense to Sublessor, to cooperate with Sublessee, m making application for and obtaining all licenses, permits and any and all other necessary approvals that may be required for Sublessee's intended use of the Promises. Notwithstanding the foregoing, Sublessor's issuance of building permits shall be subject to its normal review and approval process. 3. Conditions Precedent. This Sublease is conditioned upon: (a) Sublessee, or Sublessee's assigns, obtaining all governmental permits and approvals enabling Sublessee, or its assigns, to construct and operate mobilelwireless communications facilities on the Premises; (b) Sublessor delivering to Sublessee, a written consent to this Sublease signed by the Master Lessor in form attached hereto as Exhibit "E" or such other form as may be subsequently approved by Sublessee in the exercise of its prudent business judgment provided such consent of Master Lessor is required under the Master Lease; and (c) Sublessor securing with all reasonable efforts from Master Lessor, a Non- Disturbance and Attormnent Agreement in the form attached hereto as Exhibit "F" or such other form as may be subsequently approved by Sublessee in the exercise of its prudent business judgment. 4. Term. The term of this Sublease ( "Term ") shall be five (5) years commencing with the issuance of a local building permit allowing Sublessee to construct its mobile /wireless communications facilities on the Premises, or December 31, 1996, whichever is earlier ("Commencement Date "). Sublessee shalt have the right to extend the Term of this Sublease for three (3) additional terns ( "Renewal Term ") of five (5) years each.. The terms and conditions for each Renewal Term shall be the same terms and conditions of this Lease, except that Rent shall be increased as set forth herembelow. This Sublease shall automatically be extended for each successive five (5) year Renewal Term unless Sublessee notifies Sublessor in writing of Sublessee's intention not to extend this Sublease at least thirty (30) days prior to the expiration of the first five (5) year Term or any Renewal Tern. 5. Rent. (a) Upon the Commencement Date, Sublessee shall pay Sublessor, as rent, the sum of One Thousand Dollars ($1,000.00) ( "Rent ") per month. Rent shall be payable on the 1st day of each month, in advance, to Sublessor's address specified in Section 17, Miscellaneous. 4/16/963:51 PM