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1. Option to Lease.
<br />SITE LEASE WITH OPTION
<br />THIS SITE LEASE WITH OPTION (this "Lease ") is by and between City of Louisville, a Colorado home rule
<br />municipal corporation ( "Landlord" or "City ") and VoiceStream PCS II Corporation, Delaware Corporation ( "Tenant ").
<br />(a) In consideration of the payment of Five Hundred and no /100 dollars ($500.00) ( "Option Fee ") by Tenant to
<br />Landlord, Landlord hereby grants to Tenant an option to lease the use of a portion of the real property described in the attached
<br />Exhibit A (the "Property "), on the terms and conditions set forth herein (the "Option "). The Option shall be for an initial term of
<br />six (6) months, commencing on the Effective Date (as defined below) (the "Option Period "). The Option Period may be
<br />extended by Tenant for an additional six (6) months upon written notice to Landlord and payment of the sum of Five Hundred
<br />and no /100 dollars ($500.00) ( "Additional Option Fee ") at any time prior to the end of the Option Period.
<br />(b) During the Option Period and any extension thereof, and during the term of this Lease, Landlord agrees to
<br />cooperate with Tenant in obtaining, at Tenant's expense, all licenses and permits or authorizations required for Tenant's use of the
<br />Premises (as defined below) from all applicable government and /or regulatory entities (including, without limitation, zoning and
<br />land use authorities, and the Federal Communication Commission ( "FCC "). ( "Governmental Approvals "), including appointing
<br />Tenant as agent for all land use and zoning permit applications. Tenant acknowledges and agrees that the issuance by the City of
<br />Louisville of any land use, zoning, building or other permits or approvals for Tenant's.proposed use are matters subject to the
<br />regulatory authority and quasi-judicial or administrative discretion of the City. No promise of or agreement to the issuance of
<br />such approvals and permits has been given or made by Landlord. Landlord agrees to cooperate with and to allow Tenant, at no
<br />cost to Landlord, to obtain a title report, zoning approvals and variances, land -use permits, and Landlord expressly grants to
<br />Tenant a right of access to the Property to perform surveys, soils tests, and other engineering procedures or environmental
<br />investigations on the Property necessary to determine that Tenant's use of the Premises will be compatible with Tenant's
<br />engineering specifications, system design, operations and Governmental Approvals. Tenant shall coordinate with Landlord in
<br />advance all access to the Property for purposes of conducting Tenant's investigations, and Tenant shall not enter the roof or any
<br />other non - public area of the Property without being accompanied by a representative of Landlord. Tenant shall at its expense
<br />restore the surface of any areas disturbed by such investigations to the condition that existed prior to such inspection.
<br />Notwithstanding the foregoing, Tenant may. not submit any application to change the zoning classification of the Property, or
<br />submit any land use or zoning permit applications for any Antenna Facilities that have not been approved by Landlord pursuant
<br />to this Lease, without first obtaining Landlord's written consent. During the Option Period and any extension thereof, Tenant
<br />may exercise the Option by so notifying Landlord in writing, at Landlord's address in accordance with Section 12 hereof.
<br />(c) If Tenant exercises the Option, then, subject to the following terms and conditions, Landlord hereby leases to
<br />Tenant the use of that portion of the Property sufficient for placement of the Antenna Facilities (as defined below), together with
<br />all necessary space and easements for access and utilities for such Antenna Facilities, as generally described and depicted in the
<br />attached Exhibit B (collectively referred to hereinafter as the "Premises "). The Premises, located at 900 W. Via Appia,
<br />Louisville, Colorado, comprises approximately 100 square feet.
<br />2. Term. The initial term of this Lease shall be five (5) years commencing on the date of the exercise of the Option
<br />(the "Commencement Date "), and terminating at midnight on the last day of the initial term (the "Initial Term ").
<br />3. Permitted Use. The Premises may be used by Tenant solely for the transmission and reception of radio
<br />communication signals and for the construction, installation, operation, maintenance, repair, removal or replacement of related
<br />facilities, tower and base, antennas, microwave dishes, equipment shelters and /or cabinets and related activities.
<br />4. Rent. (a) Tenant shall pay Landlord, as rent, One Thousand Two Hundred and Eighty and no /100 dollars
<br />($1280.00) per month ( "Rent "). Rent shall be payable within twenty (20) days following the Commencement Date prorated for
<br />the remainder of the month in which the Commencement Date falls and thereafter Rent will be payable monthly in advance by
<br />the fifth day of each month to City of Louisville at the following address: City of Louisville, Office of the Director of Recreation
<br />and Senior Services, 900 Via Appia, Louisville, CO 80027. If this Lease is terminated at a time other than on the last day of a
<br />month, Rent shall be prorated as of the date of termination for any reason (other than a default by Tenant) and all prepaid Rent
<br />shall be immediately refunded to Tenant. Tenant shall pay Landlord a late payment charge equal to ten percent (10 %) of the late
<br />payment for any payment not paid when due. Any amounts not paid when due shall bear interest at the rate of one and one -half
<br />percent (1 -1/2 %) per month.
<br />(b) „ As additional consideration for Landlord entering into the Lease,Tenant shall pay to Landlord a one -,time
<br />signing bonus n t h e amount of One Hundred Thousand and no 100 dollars ($100,000 00) 'This one -time signing.bonus shall be
<br />due and payable fifteen twenty (20) days. after the Commencement Date and, in any event ",prior to, commencement of construction
<br />Site Number: DNO
<br />Site Name:
<br />Market: Denver MTA
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<br />Version 10 -2 -01
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