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<br />THIS LEASE IS THE PROPERTY OF:
<br />AT&T Wireless PCS, Inc.
<br />25000 Great Northern Corp. Center 1
<br />Suite 444
<br />North Olmsted, Ohio 44070
<br />OPTION AND SITE LEASE AGREEMENT
<br />THIS OPTION SITE LEASE AGREEMENT (this "Agreement") is entered into this_~,..,
<br />day of , 1997, ("Effective Date")between AT&T Wireless PCS, Inc., by and through
<br />its agent Bless , Inc., a Delaware Corporation, dba AT&T Wireless Services ("Tenant's and the
<br />City of North Olmsted ("Landlord").
<br />In consideration of a fee of $1.00 (the "Option Fee"), paid to Landlord by Tenant within thirty (30)
<br />business days after execution of this Agreement, and other good and valuable consideration, then
<br />receipt and sufficiency of which are acknowledged, Landlord grants Tenant an "Option" to lease a
<br />portion (the Premises"), described in Exhibit B, of the real property (the "Property"), as described in
<br />Exhibit A and owned by Landlord. Landlord retains a right to place additional wireless
<br />communication facilities and related equipment, within the leased premises described in Exhibit B.
<br />2. The "First Option" of 120 days shall commence on the Effective Date and Tenant may have an
<br />"Extension" of 120 additional days by written notice given to Landlord during the First Option period
<br />and accompanied by an additional fee of $700.00 per month.
<br />3. During the First Option and any Extension(s), Landlord grants Tenant a license to go upon the
<br />Property and Premises for, and agrees to cooperate with Tenant in, obtaining and maintaining zoning
<br />approvals, licenses, tests and permits for construction, maintenance and operation of Tenant's Antenna
<br />Facilities, provided same are at Tenant's expense and do not bind Landlord, the Premises or the
<br />Property if the Option is not exorcised. Tenant shall restore the premises and indemnify and defend
<br />Landlord against loss or damage from Tenant's operation of its business on leased premise. The
<br />"Antenna Facilities" include all improvercents, personal property and related facilities for Tenant's
<br />"Permitted Use" which includes the transmission and rexption of radio communications signals.
<br />After exercise of the Option, Tenant may construct, maintain, repair, replace or remove the Antenna
<br />Facilities, including sleeves, conduit and cable across the Property in serve the Premises, no part of
<br />which shall become a fixture and all of which shall remain the per~nal property of Tenant, and may
<br />be mortgaged by Tenant. Landlord waives all Landlord lkns against the Antenna Facilities. Upon the
<br />expiration of the term and any renewals thereof, or abandonment of the premises for any reason
<br />including but not limited to those reaeens expressed in Pazagraph 10 of this Agreement, Tenant shall
<br />convey the tower free and clear of liens to the Landlord for $1.00 or remove the tower and restore
<br />premises at Landlord's option.
<br />4. Tenant may exercise the Option, in Tenant's sok discretion, by written "Notice" given to Landlord
<br />during the First Option or Extension, in which case, Landlord grants a "Lease" of the Promises, as
<br />described in Exhibit B to Tenant for a germ of Five (5) years, with a Commencement Date on the date
<br />Notice is given and terminating at midnight oa the last day of the r~nth in which the 5th anniversary
<br />of the Commencement Date occurs. This Lease shall automatically renew on the same terms, with the
<br />exception of the rental payment as set out in paragraph 5 below, for five (5) successive "Additional
<br />.Terms" of five (5) years each, unless Tenant gives Landlord writbeu notice of at least 30 days during
<br />the initial term or any Additional Teams stating Tenant will terminate the Lease at the end of the
<br />initial term or Additional Term then in effect.
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