PACIFIC BELL MOBILE SERVICES (SUBLEASE WATER TOWER) -1996

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CM- 024 -21 If the Commencement Date is other than the first day of a calendar month, Sublessee may pay on the first day of the Term the prorated Rent for the remainder of the calendar month in which the Term commences, and thereafter, Sublessee shall pay a full month's Rent on the first day of each calendar month, except that payment shall be prorated for the final fractional month of this Sublease, or if this Sublease is terminated before the expiration of any month for which Rent should have been paid. Rent shall be adjusted annually as of the anniversary of the Commencement Date to the extent of any percentage change which occurred in the Consumer Price Index (All Items, Base 1982 -84 = 100) as published by the United States Department of Labor, Bureau of Labor Statistics for All Consumers for the Los Angeles - Anaheim- Riverside area (hereinafter "CPI "). The rental adjustment shall be calculated by multiplying the Rent then in effect by a fraction, the denominator of which is the CPI in effect as of the calendar month fourteen (14) full months prior to the anniversary date, and the numerator of which is the CPI in effect two (2) full months prior to the anniversary date. Notwithstanding the foregoing, in no event shall Rent be increased by more than five percent (5 %) of the Rent paid during the previous year. (b) At any time after the Commencement Date, and prior to the expiration of the first five (5) year Term, Sublessor may request in writing a one time advance payment of Rent of an amount not to exceed Forty Thousand Dollars ($40,000.00). The pre -paid Rent shall be applied to monthly Rent amounts payable to Sublessor. Sublessee shall have no obligation to make monthly Rent payments until the full amount of pre -paid Rent has been applied. 6. Improvements; Access. (a) Sublessee shall have the right (but not the obligation) at any time following the full execution of this Sublease and prior to the Commencement Date to enter the Premises for the purpose of making necessary inspections, engineering surveys (and soil tests where applicable) and other reasonably necessary tests (collectively "Tests ") to determine the suitability of the Premises for Sublessee's Facilities (as defined herein) and for the purpose of preparing for the construction of Sublessee's Facilities. During any Tests or pre - construction work, Sublessee will have insurance as set forth in Section 12, Insurance. Sublessee will notify Sublessor of any proposed Tests or pre - construction work and will coordinate the scheduling of same with Sublessor. If Sublessee determines that the Premises are unsuitable for Sublessee's contemplated use, then Sublessee will notify Sublessor and this Sublease will terminate. (b) Sublessee has the right to construct, maintain and operate on the Premises radio communications facilities, including but not limited to radio frequency transmitting and receiving equipment, batteries, utility lines, transmission lines, radio frequency transmitting and receiving antennas and supporting structures and improvements ( "Sublessee's Facilities "). In connection therewith, Sublessee has the right to do all work necessary to prepare, add, maintain and alter the Premises for Sublessee's communications operations and to install utility lines and transmission lines connecting antennas to transmitters and receivers. All of Sublessee's construction and installation work shall be performed at Sublessee's sole cost and expense and in a good and workmanlike manner. Title to Sublessee's Facilities and any equipment placed on the Premises by Sublessee shall be held by Sublessee. All of Sublessee's Facilities shall remain the property of Sublessee and are not fixtures. Sublessee has the right to remove all Sublessee's Facilities at its sole expense on or before the expiration or termination of this Sublease. (c) Sublessor shall provide access to Sublessee, Sublessee's employees, agents, contractors and subcontractors to the Premises twenty-four (24) hours a day, seven (7) days a week, at no charge to Sublessee. Sublessor represents and warrants that it has full rights of ingress to and egress from the Premises, and hereby grants such rights to Sublessee to the extent required to construct, maintain, install and operate Sublessee's Facilities on the Premises. Sublessee's exercise of such rights shall not cause undue inconvenience to Sublessor. Sublessee shall provide a new lock to be used by Sublessee, Sublessor and Master Lessor. (d) Sublessor shall maintain all access roadways from the nearest public roadway to the Premises in a manner sufficient to allow access. Sublessor shall be responsible for maintaining and repairing such roadways, at its sole expense, except for any damage caused by Sublessee's use of such roadways. If Sublessee causes any such damage, it shall promptly repair same. (e) Sublessee shall have the right to install utilities, at Sublessee's expense, and to improve the present utilities on or near the Premises (including, but not limited to the installation of emergency back -up power). Subject to Sublessor's approval of the location, which approval shall not be unreasonably withheld, Sublessee shall have the right to place utilities on (or to bring utilities across) Sublessor's Property in order to service the Premises and Sublessee's Facilities. Upon Sublessee's request, Sublessor shall execute recordable easement(s) evidencing this right. 4/16/96 3:5I PM 6J, Q 7