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State: Ohio City: Mayfield Villaae Cell I.D.:CL-007-05 THIS LEASE IS THE PROPERTY OF: AT&T Wireless PCS, Inc. 25000 Great Northem Corporate Center I Suite 444 N. olmstea, ox 44070 OPTION AND TOWER LEASE AGREEMEN'I' THIS OPTiON AND T WER LEASE AGREEIviENT (this "Agreement") is entered into this ? day of , 1997, ("Effective Date') between AT&T Wireless PCS, Inc., by and through its agent ireless PCS, Inc., a Delawaze Cozporation, dba AT&T Wireless Services ("Tenant") and Village of iVlayfield, an Ohio municipal corporation ("Landlord"). 1. a. in consideration of a fee of $1,500.00 (the "Oprion Fee"), pa.id to Landlord by Tenant within thirty {30} business days after execution of this Agreement, and other good and valuable consideration, the receipt and sufficiency of which are acknowledged, Landlord grants Tenant an "CDption" to Iease certain space on Landiord's comminications tower and ground space adJacent thereto (the "Premises"), as descnbed in Exhibit $, being a portion of ttie real property (the "Property"), as described in Exlaibit A and owned by Landlord. b. This entire agreement is understood to be compatibte with and subject to the Landiord's Lease Agreement wifih I+Ieactel entered into on October 16,1995. 2. The "First Option" of 12 months shall commence on the Effective Date and may have an "Extensioa" of 12 additional months by written notice to Landlord during the First Option period and accampanied by an additional fee of $2,750.00. ;. a. During the First Option and any Extension(s), Landlord grants Tenarrt a license to go upon t6.e Praperty and Premises for, and agrees to cooperate with Tenant in, obtaining and maintaining zoning approvals, licenses, tests and permits for construction, maantenance and operation of Z'enant's Antenna Facilities, provided same are at Tenant's expense and do not bind Landlord, the Premises or the Property if the Option is nat exercised. No construction of facilities or of the tower wiu take place during the Option Feriod._ Tenant shall restore the premises and indemnify and defend Landlord a;ainst loss or damage from exercise of this lease. The "Antenna Facflities" inc lude all improvements, personal property and rela#ed facilities for Tenant's "Permitted Use" which includes the transmission and reception of radio eommunication signals. After exercise of the Option, Tenant may canstruct, maintain, repair, replace or rernove the Antenna Facilities, including sleeves, conduit and cable across the Property to serve the ]Premises, no part of whieh shall become a fixiUre and aU of which shall remain the personal property of Tenant, and may be mortgaged by Tenant Landlord waives