Daly Elementary School Lease

8/6/2019 Daly Elementary School Lease

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Site: Daly Elementary School Site

LEASE AGREEMENT FOR TELECOMMUNICATIONS

THIS LEASEmade this .2 ay of AI f iz6-/ , 2006, by and between theBoard of Education of Montgomery County, govining body of THE BOARD OFEDUCATION OF MONTGOMERY COUNTY (hereinafter the "Landlord"), and T-M obile Northeast LLC , (hereinafter the "Tenant"), a D elaware limited liability compan y.

Landlord hereby rents to Tenant and Tenant hereby rents from L andlord the leasedpremises herein described upon the following terms and conditions:

1 _ ON - XCLUSIVITY; CO - OCATION. Landlord leases to Tenant a portion of theParcel (hereinafter described), a portion of which (namely the fenced enclosure) is leasedon an exclusive basis, for the express purpose of Tenant's placing certain approvedtelecommunications facilities (the "Communications Facility") on the Premises (asdefined below) to promote the public purposes of the Telecommunications Act of 1996.Tenant agrees and understands that it shall enjoy a non-exclusive right to use that portionof the Parcel on which is constructed a tower, monopole, or other antenna- relatedstructure, and shall permit co - location by other tenants on any tower, monopole, or otherstructure that it may construct forits telecommunication purposes. Tenant shall deal ingood faith with any other tenants who may be granted co-location rights on theCommunications Facility.

2. LEASED PREM ISES.The leased premises ("Premises") consist of approximately 700

square feet of that certain tract of land lying in Montgomery County, Maryland,containing approximately 100 acres and conveyed to the Landlord pursuant to a deed

datedMarch 24th, 1989 and recorded in the Land R ecords of Montgomery CountyMaryland in Liber 8200, Folio 586, which property is known as the Daly ElementarySchool ("the Site"). The Parcel is further identified as Parcel P679 o n Tax M aThe Premises are more particularly shown on a site drawing attached heretoas Exhibit Aand made a part hereof.

3. TERM. The term of this Lease shall be five (5) years with three (3) five-year renewaloptions at the discretion of the Tenant, subject to the cancellation (Paragraph 7) andthedefault provisions (Paragraph 15) of this Lease. The initial term shall commence on the

earlier to occur of the commencement of construction of the Communications Facility orthe sixtieth (60') day Following the above date of this Lease, unless the parties agree into a different coin enc.c..n , trt data ("Ccirnrn.enceme. -nt Date").

4. RENTAL. Tenant hereby covenants and agrees to pay or cause to be paid as armuaT rent

to Landlord the total sum of Twenty - Four Thousand Dollars (24,000_00) for the initial

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12-m onth term by m onthly paym ents of Two Thou sand D ol lars ($2,000.00) . Ashall be adjusted at each anniversary of the L ease year by two and one-half percover the previous year 's rent or an am ount equal to the increase in the consum e

index for the Bal timore W ashington R egion, (up to a maxim um increase of f ive(5%) annually) whichever is greater. Re nt shall be mad e payable to the M ontgoCo unty Pu blic Scho ols and de livered to the Office of the Ch ief Operating OfficHung erford Drive, Ro ckville, M aryland 20850, or such other place as the Land lfrom time to t ime so designate in writ ing at least thirty (30) days in ad vance of apayment date.

5. SECURITY DEPOSIT/SURETY BOND. Upon execut ion of th is Lease , Tenant shadepo sit with the Lan dlord, at the option of T enant, a cash security depo sit or a bond in a form an d f rom a surety company acceptable to the Land lord in the amFifty Tho usan d Dollars ($50,000.00) as security for the faithful perform ance an d

observance of the terms an d con dit ions of this Lease. It is agreed that if Tena ntwith respect to any term s and co ndit ions of this Lease, including but not l im itedpaym ent of rent , or the remo val of i ts equipm ent at the con clusion of this Lea sem ay use, apply, retain or draw ag ainst the whole or any part of said security depsurety bond required for the payme nt of any rent or any other sum as to which this in defaul t or for any sum which the Landlord m ay expend or m ay be requiredby reason of the Ten ant 's defaults of any of the term s, condit ions, and covenan tLease. If Tenan t shall fully and faithfully com ply with al l the terms, coven ants,cond it ions of this Lease, the security deposit shall be returned to Ten ant or the bond shal l be ext inguished no la ter than s ixty (60) days af ter the end of th is Lprovided Tenan t has delivered the Prem ises in the m anner required herein.

6 . RENEWAL. At the opt ion of the Tenant and so long as Ten ant i s not in default uany of the terms h ereof, this Lease m ay be renewed if , at least one hundred eigh(180)days prior to expiration of the then current term of this Lease, Ten ant provides wnotice of i ts intent to renew the L ease for an other f ive-year term. At least ninetydays prior to the expiration of the then current term, Lan dlord shall inform T enwrit ing of the a nnua l rent for the new tenn, which sha ll not excee d five percent the previous ye ar's ann ual rental rate.

7 . CANCELLATION. (a) Landlord m ay cancel this Lease for cau se if Tenant fai ls tcom ply with the term s and co ndit ions of this Lease. If ei ther party is in default Agreem ent for a period of (a) 15 days following receipt of notice from the non-party with respect to a default which m ay be cured solely by the paymen t of mon30 days following receipt of notice from the non-default ing party with respect towhich m ay not be cured solely by the paymen t of mon ey, then, in ei ther event, thdefault ing party may pursue any remed ies available to i t against the defaulting papplicable law, including, but not l imited to, the r ight to term inate this Agreem enon-mo netary default may not reasonably be cured within a 30-day period, this

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Agreement may not be terminated if the defaulting party promptly commences reasonableaction to cure the default within such 30-day peripd and proceeds with due diligence tofully cure the default. Notwithstanding the foregcbing Agreement, if during the term of

the Agreement, there is a determination made pursuant to an official unappealable orderof the Federal Communications Commission or any other state or federal agency withjurisdiction that use of the Site by Tenant poses a human health hazard which cannot berernediated, then (i) Tenant shall immediately cease all operations on the Site, and (ii) theAgreement shall terminate as of the date of such order.

(b ) Tenant may terminate this Lease at the conclusion of any fiscal year (determined tobe June 30) after providing at least six (6) monthS' written notice to the Landlord. In theevent of such early termination, Tenant's liabilitywill not exceed 12 months of thescheduled rent, including annual rental increases.;

(c )Tenant's obligations under Paragraphs 5, 81 11, 13, 17, 19, 21, 25 shall survive the

termination of this Agreement.

8 . ASEMEN TS SERVING PREM ISES.

(a) . The Board of Education must give fomiall approval to the easements serving thePremises. Subject to its prior formal approval and after a utility location analysis by aduly qualified utility location service, the Landlord hereby grants to Tenant the easementsdescribed below in this Paragraph 8 and Subparagraphs i through iv (such easementscollectively called the "Appurtenant Easements") as easements appurtenant to theleasehold granted to Tenant in this Lease. The Appurtenant Easements may not beassigned or otherwise transferred in whole or in part separately from the leasehold gran

1under this Lease; and any such attempted assignment or transfer shall be void.

i. Landlord grants Tenant a nonexclusive, temporary construction easementover, on, and through a portion of the school Site, as shown on Exhibit B, forconstruction and installation of the Communications Facility upon the Premises.

Such tem poraryconstruction easem ent shall term inate upon the earl ier of ( i)completion of Tenant 's construction described in P aragraph 10 o r ( i i) thefirstanniversary of the commencement of this Lease.

ii . Tenant shall be permitted the non-exclusive use of a right-of-way ten feet(10') in width, the centerline of which is shown on Exhibit B hereof, or such other

right-of-way of similar dimensions as Landlord may designate during the term ofthis Lease, to construct, operate, maintain ]repair and remove Tenant's

underground communication cables from the Premises, across and through thatportion of the Site described onExhibit Bas the "ProposedUndergroundCondui t sfor Radio Cables". Tenant shall post and maintain at least four (4) signs

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indicating "Underground Cables" on the fence enclosing its equipment and on theMonopole outlining the extremities of the path of the underground cables.

iii. At such time as is necessary, Landlord shall grant to the local utility andtelephone companies a non-exclusive easement and right-of-way of ten feet (10')in width for the purpose of constructing, installing, maintaining, operating,providing, repairing, and removing underground communication and electricpower lines and systems, along and/or under those portions of the Site designatedon Exhibit Bhereof and the right-of-way of Tenant provided for during the teiinof this Lease for purposes of installation and provision of telephone and electricservice to the Premises. Any utility easement required shall be submitted to theBoard of Education for formal approval.

iv . Landlord hereby grants Tenant a non-exclusive right to use the existing

driveway immediately adjacent to the football stadium for ingress to and egressfrom the Premises by Tenant, subject to the time restrictions in Paragraph 10(b),for vehicular traffic for constructing, installing, maintaining, operating, repairing,and removing equipment over that portion of the Site designated on Exhibit Bhereof, as "Proposed 20' Ingress-Egress Easement", or such other right-of-way ofsimilar width as may be designated by Landlord to provide such access to thePremises and the Communications Facility during the tend of this Lease. In theevent that Tenant damages any grassed area when accessing the Premises with itsservice and/or construction vehicular traffic, the Tenant will re-sod the disturbedareas .

(b ) Landlord shall have the right to relocate any of the Appurtenant Easements uponat least ninety (90) days' prior written notice. If such relocation occurs after theinstallation of utilities or facilities therein, such relocation shall be at Landlord's expenseand shall be conducted in such a manner so as to minimize any disruption to Tenant'soperations under this Lease.

(c ) With the exception of the temporary construction easement provided for, whichmay expire sooner as provided in such subparagraph, and any utility easements to thirdparty utility or power companies, which shall expire in accordance with their terms, theterm of all Appurtenant Easements shall automatically expire thirty (30) days afterexpiration or termination of this Lease without the need for further act of any party.

Notwithstanding the foregoing, if requested by Landlord, Tenant shall execute and deliverto Landlord, in recordable form, such documents as Landlord may request to evidence ofrecord the termination of all Appurtenant Easements as just provided.

9. URPOSE. The Premises shall be used to locate towers, equipment, buildings andrelated facilities, including the Communications Facility, for telecommunications use.No grading, cutting of trees, removal of sod or topsoil and no installation of additional

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permanent or temporary structures, including fen mg, shall be done without the priorwritten and express consent of Landlord. The Pr raises shall be used only for purposescompatible with the zoning of the Parcel. Tenant shall return the Premises to the original

condition, normal wear and,tear and damage by casualty not caused by Tenant excluded,prior to the expiration of the term of this Lease or any extensions or renewals thereof.Tenant agrees to control all noxious weeds in acc rdance with the guidelines of theMaryland Department of Agriculture. Tenant als agrees to periodically mow thePremises and to remove brush and debris as necesary.

1 O. USE OF PREMISES.

(a) Tenant shall use the Premises for the purpose of installing, removing, replacing,modifying, maintaining, and operating, at its expense, the Communications Facility,which shall be deemed to include, without limitalon, antennae equipment, electronicequipm ent, cable wiring, air cond it ioned equipm ent shelter(s), backup power s(including generators and fuel storage tanks in acC ordance with Paragraph 21 anapplicable laws), related fixtures, and an antenna structure, and shall use the AppurtenantEasements 'solely for the applicable purposes des ribed in Paragraph 9. Landlord makesno representation or warranty whether such use is permitted by any laws or regulationsapplicable to the Premises, and Tenant is solely responsible for determining whether suchuse is permitted, and for securing all necessary licenses, permits and approvals thereforfrom the appropriate governmental agencies.

(b) Notwithstanding any other provision of tlls Lease, the Tenant acknowledges theabsolute primacy of the Landlord's use of the Site to serve the needs of the public schoolsystem, and that Tenant's rights under this Lease are subject and subordinate to

Landlord's use and operation of the Site. Accordingly, in exercising its rights under thisLease, Tenant shall use its best efforts to avoid y adverse construction, operation orother impacts on the Site and Landlord's use and peration thereof, arising from Tenant'sactivities conducted on or off of the Site. Prior to any entry upon the Premises, Tenantshall provide reasonable advance notice to LandlOrd of such entry and of any work oractivities to be conducted on the Premises. Such !entry, work and other activities shalloccur only at such times, and shall occur in such manner, as may be required by Landlordto avoid any adverse impact'Tenant may not access the Premises during school hours,which t ime s are l isted on the S ched ule in Exhibit D, nor at any t im e when sch omay be used by programs coordinated by the County Off ice of Com mu nity UsFacilities, except with prior notice to and approval of the building administrator (See

ExhibitD). With the exception of the times listed in Exhibit D or when the school isutilized by a community-use program, Tenant may enter the Premises without prior noticeto Landlord, in case of emergencies adversely imi?acting Tenant's provision ofcommunication services or threatening life and saifety, provided Tenant notifies Landlord

of same as soon as practicable.

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(c ) Subject to the conditions set forth in Paragraph 10 (b), Exhibit D and the Right ofEntry Agreement annexed hereto as Exhibit E, Tenant shall have the right at any timefollowing the full execution of this Lease to enter upon the Parcel for the purpose of

making appropriate engineering and boundary surveys, inspections, soil test borings andother reasonably necessary tests.

(d ) If at any time during the term of this Lease, Landlord reasonably determines, afterconsultation with Tenant, that the Communications Facility and related facilities have notbeen and/or can not be operated in a manner that does not materially and adversely impactthe Landlord's use and operation of the Site to serve the needs of Montgomery CountyPublic Schools, then Landlord shall provide Tenant with detailed written informationspecifying the nature of the condition that Landlord has determined to have resulted insuch material and adverse impact upon the Landlord's use and operation. If Tenant isunable to remedy such condition to the reasonable satisfaction of Landlord, within thirty

(30) days following Landlord's provision of the foregoing information, then Landlordmay terminate this Lease by giving Tenant thirty (30) days' prior written notice of same.

(e ) Landlord reserves the right to add improvements to or redevelop the Site(including the Premises) in any manner, including additional communications facilitiesnecessary for Landlord's or Montgomery County's communications needs, and inconnection therewith to relocate, at Landlord's sole expense, the CommunicationsFacility and the Premises.

(1 ) Landlord will exercise its relocation right under this Paragraph (e), by (andonly by) delivering written notice (the "Notice") to Tenant. In the Notice, Landlord will

propose an alternate site on Landlord's property to which Tenant may relocate itscommunications facility. Tenant will have sixty (60) days from the date it receives thenotice to evaluate Landlord's proposed relocation site, during which period Tenant willhave the right to conduct tests to determine the technological feasibility of the proposedrelocation site. If Tenant fails to approve of such proposed relocation site in writingwithin sixty (60) days of the Notice, Landlord may thereafter propose another relocationsite by notice to Tenant in the manner set forth above. Any relocation site whichLandlord and Tenant agree upon in writing is referred to hereinafter as the "RelocationSite." Tenant will have a period of ninety (90) days after execution of a writtenagreement between the parties concerning the location and dimensions of the RelocationSite to relocate (at Landlord's expense) its communications facility to the Relocation Site.

(2 ) Landlord shall make reasonable good faith efforts, including consultationwith Tenant during the planning stages therefor, to cause any such improvements orredevelopment to be performed in a way that does not require relocation of theCommunications Facility and the Premises or undue interference to Tenant's use andoperation of the Communications Facility. Landlord's reasonable good faith efforts andits exercise of discretion shall be subject to Landlord's statutory responsibility to make

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school decisions in the best interests of the students in the Montgomery County PublicSchools. However, if such interference cannot reasonably be rectified through thecoopera t ion of the p ar t ies andif no viable relocation si te can be m utually agreed to the

part ies, then ei ther party m ay term inate this Le ase by giving the other party thidays' prior written notice thereof.

(3 ) andlord may require Tenant to relocate the com m unicat ions fac il ityofTenant, or any part thereof, to an alternate ground location on Landlord's property and/orto space within and/or on top of a building situated on Landlord's property (the"Building"); provided, however, that such relocation will:

(a) be at Landlord's sole cost and expense,

(b ) be performed exclusively by Tenant or its agents,

(c ) not result in any interruption of the communications service provided byTenant on Landlord's property,

(d) not imp air, orin any manner alter, the quality of communications serviceprovided by Tenant on an d f rom Land lord 's proper ty, and

(e ) be done in accordance with the terms and conditions contained in paragraphs(i) through (v) below.

In theevent that Tenant agrees, in its sole discretion, to accept relocation of theCommunications Facility to the Reloca tion Site, the following con dit ions shall appl

(1 ) the Relocation Site must, in Tenant's sole and reasonable judgment,be substantially equivalent in area and appropriateness for Tenant's

purposes with no degradation of signal transmission-and/or reception

quality;

(2) Tenan t mus tbe able, through the exercise of commercially reasonableefforts and the cooperation of Lan dlord , to obta in anygovernmentalapprovals for the relocation to and operation of the CommunicationsFacility from the Relocation Site;

(3 ) Subject to the requirem ents of Paragraph s 8 (a) , 10 (b) , 17 (d) an(e), Landlord and Tenant will cooperate in good faith to schedule andeffectuate such relocationat a rinitially acceptable time designed to

minimize any disruption to both parties' operations,laking into accountthe nature of the equipment to be relocated, the need to modify or obtaingovernmental approvals, if any, the need to schedule any new engineering

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or construction work and the needs and requirements of the MontgomeryCounty Public Schools and its students;

(4 ) Upon relocation of the communications facility of Tenant, or any partthereof, to the Relocation Site, all references to the Site in the Agreementwill be deemed to be references to the Relocation Site. Landlord andTenant hereby agree that the Relocation Site (including the access andutility right-of-way) may be surveyed by a licensed surveyor at the solecost of Tenant, and such survey will then replace Exhibit A and become apart hereof and will control or describe the Site. Except as expresslyprovided in this Exhibit, Landlord and Tenant hereby agree that in noevent will the relocation of the communications facility of Tenant, or anypart thereof, under Paragraph A, above, affect, alter, modify or otherwisechange any of the terms and conditions of the foregoing Agreement; and

(5) To the extent applicable, Exhibit B shall be revised to incorporate anynew non-exclusive rights-of-way necessitated by the foregoing relocation.

Notwithstanding anything to the contrary contained herein, if Tenant, in its solediscretion, elects not to agree to the relocation of the Communications Facility, Tenantmay terminate this Lease upon thirty (30) days' written notice to Landlord. In the eventthat Tenant provides such notice of termination, Landlord shall have the right, in its soleand absolute discretion, to withdraw its plans to relocate the Communications Facility,and in such event, Tenant's election to terminate shall be deemed null and void.

(I )andlord may, at its expense but without any charge from or cost to Tenant, use a

portion of the Monopole for mounting and operating additional communicationsequipment of Landlord or other Montgomery County or other governmental agencies,provided that a structural analysis is performed, at Landlord's sole cost and expense, toensure that the Monopole will support the additional equipment. Such additionalequipment shall be mounted as agreed upon between Landlord and Tenant and shall notinterfere with the operation of Tenant's equipment, or that of other tenants collocated onthe Monopole.

11. COMPLIANCE WITH GOVERNMENTAL LAWS AND REQUIREMENTS.Tenant agrees to comply with all applicable governmental laws and regulations. Tenantagrees to comply with the conditions recommended by the Montgomery County PlanningBoard in its approval of the Project under the Mandatory Referral Process, as set forth inthe Planning Board decision attached hereto and incorporated herein as Exhibit F.

12. OWNERSHIP, SUBORDINATION AND NON-DISTURBANCE. Landlordcovenants and warrants that Landlord is seized of fee simple title or of good andsufficient interest to the Parcel and has full authority to enter into and execute this Lease.

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Landlord further covenants that there are no liens, judgments or impediments to title onthe Premises other than those of record.

At Landlord's option, this Lease shall be subordinate to any mortgage or other instrumentby which Landlord from time to time may encumber all or part of the Premises or right-of-way; provided, however, tha t every such m ortgage and/or ins t rum ent shal l rthe validi ty of this Lease in the event of a forecloSu re of Lan dlord 's interest anTenant's right to remain in occupancy of the Premises so long as Tenant is not in defaultof this Lease. Tenant shall execu te whatever instrum ents m ay reasonably be reevidence this subordination clause, solely to the extent that such instruments containlanguage specifically acknowledging the continuing occupancy rights of Tenant in theevent of such foreclosure or other divestiture.

13 . RESTORATION OF THE PREMISES. At the end of the term, whether by passage oftime or the exercise of any party of any right of termination, Tenant shall surrender thePrem ises to Landlord in the cond i tion speci f ied in th is Paragraph. Tenant shalentitled to dismantle and remove, at Tenant's sole expense, the Communications Facility,its support structure, any antennae and all other alterations, additions, fixtures and

improvements m ade by T enant to the Prem ises, less and exce pt any suppor t s t rucany l ights, antenna, equipm ent belonging ei ther to the La ndlord o r any third pdismantling and removal shall be coordinatedin advance wi th Landlord and shal lbescheduled and conducted as may be reasonably required by Landlord to avoid any adverseimpact on the use and operation of the Site. After such dismantling and removal iscompleted, Tenant shall restore the Premises to its condition before the improvementswere made, except for reasonable wear and tear, damage by casualty not caused byTenan t , changes by L andlord , and equipm ent owned by L andlord or any th i rd pLand lord requires to remain .

14 . TELECOMMUNICATIONS POLICY. Tenant covenants and agrees that at all timesduring this Lease it shall comply with the Land lord 's Pol icy on T elecomm unicat ionTransmission Facilities, as amended from time to time and published on Landlord'sofficial website located at mcps.k12.ind.us . A copy of current Board Policy ECN isattached hereto and incorporated herein as Exhibit G.

15. DEFAULT. Tenant shall be considered in default of this Lease upon the happening ofany of the fol lowing:

(a ) A default of ten (10) days in payment of rent from the due date and Tenant'sfailure to cure that default within fifteen (15) days after written notice;

(b) A breach of any term, covenant or cond itiOn of this Lease other than payrent continuing for more than thirty (30) days after Tenant's receipt of written noticespecifying the failureor neglect or such longer period as may reasonably be required to

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correct such failure or neglect with exercise of due diligence, then at the option ofLandlord and upon written notice to Tenant, Tenant's right of possession shall thereuponend and Landlord may pursue any legal and/or equitable remedies available to Landlord.

if Landlord files an action to enforce any agreement contained in this Lease, or for breachof any covenant or condition and Landlord prevails in such action, Tenant shall payLandlord's reasonable attorneys' fees and court costs, all fees to be fixed by the court;

(c ) The appointment of a receiver or trustee of Tenant's property, assignment for thebenefit of creditors of all or any of the property of Tenant, or commencement of anyproceedings under any bankruptcy or insolvency law by or against Tenant (subject to theunderstanding that if such proceedings are not voluntarily instituted by Tenant, no defaultwill be deemed to exist hereunder unless such proceedings are not stayed by appeal orotherwise within sixty (60) days following such institution).

(d ) In the event of default by Tenant and its failure to cure the default within thirty(30) days following written notice, Landlord may, at its option, terminate this Lease andreenter the Premises and again have, possess, and enjoy the same as and of its formerestate. In the event of the re-entry and termination for default, the Landlord may, at itsoption, relet the Premises or any part thereof, for any use which it may deem reasonable,but the Landlord shall not be under any obligation to relet the Premises for any purposeother than that specified in this Lease. In the event of termination for default under thisParagraph 15(d), Tenant shall be liable for all direct losses and damages (including, butnot limited to net unpaid rent and reasonable attorneys' fees) as the Landlord may sustainas a result of Tenant's default.

(e ) If Landlord shall fail or neglect to keep and perfoiiu its obligations so as to causea breach of the Landlord's obligations, and such failure or neglect is not remedied withinthirty (30) days (or such longer period as may reasonably be required to correct suchfailure or neglect with exercise of due diligence) after written notice from Tenantspecifying such failure or neglect, then Tenant may terminate this Lease and pursue anylegal and/or equitable remedies available to Tenant.

16. LICENSES AND PERMITS.

(a) enant shall make every effort with due speed and diligence to obtain, at Tenant'ssole expense, all of the certificates, permits and other approvals that may be required byfederal, state or local authorities for Tenant's use of the Premises as set forth in thisLease. Tenant agrees to present evidence at any time during the term of this Lease orrenewals of any extension thereof, that any and all necessary licenses and permits

continue in effect . Suc h evidenc e shall be presented w ithin ten (10) daysof receiptof the

Landlord's request for such evidence.

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(b) n the event any such applications should be f inally rejected or an y c ert if icate,perm it , l icense or approval issued to T enan t is canceled , expires or lapses, or iwithdrawn or te rminated by governm enta l author i ty, or so i l bor ing tes ts are fou

unsatisfactory so that Tenant will be unable to use the Premises for the purposes set forthherein, Tenant shall have the right to terminate this Lease by giving Landlord thirty (30)days' prior n otif icat ionof termination. All rentals paid prior to said termination date shallbe retained by Land lord on a pro rata basis . Notwithstanding an ything to the ccontained herein, if Tenant does not exercise its right to terminate under this Paragraph16 (b), Tenan t shall rema in l iable for al l of i ts respon sibil i ties und er this Leasethe payment of rent, but shall not have the right to conduct any operations hereunder untilit provides documentation reasonably acceptable to Landlord demonstrating that allnecessary certificates, permits, licenses and /or approvals have been issued or reinstated,as applicable under the particular circumstances.

17. ONSTRUCTION BY TENANT. [The parties acknowledge that portions of Paragraph17 m ay n ot apply to th is par t icular Lease , especia l ly i f Ten ant i s co- locat ing i tson an existing pole.]

Initials

(a) enan t shallobtain all necessary approvals, including,without limitation, thoserequired by the Federal Aviation Administration (FAA) and the Federa l Com m unicat iCommission (FCC), for construction and operation of the Communications Facility.After obtaining the necessary permits and approvals therefor, and after obtainingLandlord's approval of its construction plans, Tenant, at its sole cost and expense, shall

perform or cause to be performed all of the fol lowing work:

i. eplac ing the exis ting l ight s tandard wi th a M onopo le wi th a he igone hu ndred fif ty feet (150') above ground level . Ten ant wil l rem ove thediscarded light standard from the Site and deliver it within Montgomery Countywhere directed by Landlord. Upon completion of the Monopole's installation,title to the Monopole shall rest jointly in the Landlord and the Tenant-Notwithstanding the requ irem ents of Paragraph 1 7 (k), i f , not less than nday s prior to the expirat ion of this Lease, Lan dlord provide s Tenan t withnotice thatLandlord d es i res to have the M onopole remain a t the Si te substo the expiration of this Lease, Tenant shall have theright, at its sole op tion, to: ( i)

convey its title interest to the Monopole to Landlord on mutually acceptableterms; or (ii) remove the Monopole and construct, at its sole cost and expense, asubstantially equivalent replacement monopole to be owned solely by Landlordfo l lowing com pletion of const ruction .

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ii . Installing on the Monopole such types and numbers of antennae as may beappropriate for Tenant's operations in accordance with the terms of this Lease,subject to Tenant's compliance with applicable governmental regulations.

iii. Installing a board on board fence on each side of the Premises.

iv . Subject to Landlord's approval thereof as provided herein, performing orcausing to be performed all other improvements and work associated with thework described above that may lawfully be required by Montgomery County orany other governmental body or official having jurisdiction, as part of or inconnection with the work described above.

v. Tenant shall install at its cost stadium lights upon the Monopole providedthat the Landlord shall pay for and provide to Tenant the stadium lights to be

installed and provided that Landlord shall be responsible for any expensesincun ed for the use of such lights, including but not limited to utility costs.Landlord agrees that Tenant shall install the stadium lights so that they operate offthe Landlord's existing utility source.

(b) enant's agreement to perform or cause to be performed all of the work describedabove, all at Tenant's cost and expense, shall be construed broadly to provide for all costsand liabilities of such work, whether or not such costs are anticipated and without regardto Tenant's present estimates for the cost of same, so that all of such work is fully andproperly performed and paid for by Tenant, and upon completion of same the Site, asaltered by such work, is as fully functional and suitable for continued use by Landlord as

it was prior to the start of Tenant's work. Accordingly, the phrase all work shall include,without limitation, all of the following work actually performed or caused to beperformed by Tenant at the Site, and Tenant's promise to pay for such work shall include,without limitation, all of the costs and liabilities associated with the following: all laborand materials; design work; legal and professional fees of Tenant's consultants; permitdrawings and materials; construction costs; construction equipment and materials utilitiesextension or relocation; provision of protective fencing and other safety measures;maintenance; removal of construction related debris from the Site; liability, property andworkers' compensation insurance premiums; bond fees; development and constructionpermits; inspections and approvals; re-sodding of all disturbed areas not covered withimpervious surface; replacement or relocation of landscaping; re-striping of paved areasfor traffic control and parking; relocation, replacement or provision of new safety andtraffic/directional signage; connection of new sidewalks, drives, parking areas and otherfacilities to Landlord's existing facilities; and repairs and restoration required as a resultof any damage to the Site caused in the prosecution of the work performed by or causedto be performed by Tenant under this Lease.

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(c) enant shall cause construction of the Communications Facility to be commencedas soon as practicable after receipt of all necessary permits and approvals and to becompleted within a reasonable time thereafter, not to exceed one (1) year from receipt of

necessary permits. Once its work on the Communications Facility is initiated, Tenantshall diligently and continuously prosecute such work to final completion (includingobtaining all required inspections and approvals) in a timely manner in accordance with aschedule to be agreed upon by Landlord and Tenant. Such schedule shall limitconstruction activities to such days and times as Landlord reasonably may require toavoid any material and adverse impacts on the use and operation of the Site_ Tenant shallkeep Landlord fully apprized of its progress, and of any events that might impact theconstruction schedule. If Tenant fails to perform its work in accordance with theschedule approved by Landlord, including any Landlord-approved revisions thereto, andif such failure threatens the safe, proper and timely conduct of school classes or otheroperations or uses of the Site, then Landlord shall have the right to take all measures as itmay deem necessary to avoid or abate any interference with such safe, proper and timely

conduct of such classes or other operations or uses. Landlord shall endeavor in good faithto give Tenant prior written notice before commencing any such measures and tocoordinate with Tenant in determining the measures that may be necessary, but Landlordreserves the unqualified right to take any and all measures that it may deem necessary toassure the safe, proper and timely conduct of other operations or uses of the Site. Tenantshall permit Landlord's designated inspector full escorted access to all of Tenant's

construction areas during non nal business hours and shall provide such inspector accessto all construction plans, drawings and other information reasonably requested.

(el) he Communications Facility shall be constructed by Tenant in a good andworkmanlike manner and in accordance with the plans, drawings and specificationsprepared and provided by Tenant for Landlord's prior review and written approval, whichapproval shall not be unreasonably withheld, conditioned or delayed. Construction andinstallation of the Communications Facility by Tenant shall be in compliance with allapplicable rules and regulations including, without limitation, the written specificationsand requirements of Landlord previously made available to Tenant by Landlord and thoseof the Occupational Safety and Health Administration (OSHA), the FCC, the FAA, and

regulations of any applicable governmental agency (town, county, state or federal)including, but not limited to the applicable requirements of the local planning and zoningand building, electrical, communications and safety codes of Montgomery County,Maryland. Tenant, at its sole cost and expense, shall secure all necessary permits andapprovals required to permit the construction and operation of the Communications

Facility. Landlord agrees to cooperate reasonably with Tenant in any necessary,applications oCommunications Facility as described herein, provided that Landlord shall be reimbursedfor all expenses incurred in providing such cooperation within thirty (30) days ofincurring the expenses, and provided further that obtaining Tenant's permits and

approvals shall not result in the imposition of any material restrictions or limitations or

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adverse impacts on the Site or Landlord's use, operation improvement or redevelopmentthereof. All of Tenant's work and facilities shall be installed free of mechanics',materialmen's and other liens, and claims of any person. Tenant agrees to defend, with

counsel approved by Landlord, and to indemnify and save Landlord harmless, from allloss, cost, damage or expense including, without limitation, reasonable attorneys' fees,occasioned by or arising in connection with the work contemplated by this Lease, andshall bond off or discharge any such liens or other claims within thirty (30) days afterwritten notice from Landlord.

(e ) rior to commencing any activities on the Site pursuant to this Lease, Tenant shallprovide Landlord with evidence satisfactory to Landlord that Tenant and its contractorsand agents who will be working on the Site are covered by insurance as required byParagraph 20 hereof.

(0 f Landlord pennits a third party to place its antennae on the Monopole, Landlordshall, unless otherwise agreed between Tenant and such third party, require such thirdparty to remit (in addition to any rent to which Tenant is entitled to receive from suchthird party pursuant to Paragraph 22 (e)) to Tenant its pro rata share (based on the numberof users or antennae which the Monopole will support, as jointly determined by Landlordand Tenant) of the construction costs, and/or licensing fee and remit such sums to Tenant.Notwithstanding the foregoing, in no event shall Landlord have any liability to Tenant

under this paragraph, and Landlord's failure to cause such sums to be remitted to Tenantshall not constitute a default hereunder, provided, however, that nothing in thisAgreement and/or in any agreement between Landlord and such third party shall beconstrued to restrict any legal and/or equitable right or remedy of Tenant if such sums are

not remitted to Tenant by such third party, including, without limitation, Tenant's right toterminate any agreement it has entered pursuant to which such third party is permitted toplace its antennae on the Monopole.

(g ) enant's antennae shall operate only in the frequency range approved by thefederal agencies. If Tenant wishes to use a frequency or frequencies other than the -approved frequency, Tenant shall request Landlord's permission in writing prior toreceiving a frequency change from the FCC or other governmental agency authorized toestablish frequencies. Landlord may grant or withhold such permission in its sole butreasonable discretion. Without limiting the generality of the foregoing, it shall bereasonable for Landlord to (a) withhold consent if other antennae on the Site (whether ornot owned by Landlord) are operating in the range requested by Tenant, (b) withholdconsent if Landlord believes that its policy requiring co-location of transmitting antennaewould not be served by permitting Tenant to expand its frequencies, and/or (c) condition

it s consent on the payment of additional rent. Nothing in this Lease shall be construed tolimit Landlord's right to grant other parties the right to construct, operate or modifymonopoles, equipment platforms or antennae on the Site (including the Monopole, itbeing understood that such other parties would have no right to modify Tenant's

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M onopo le); provided, however, that such construction, operation or m odificatinot interfere with the operation of T enant's equipment platforms, antennae or tCom mu nications Fac ili ty.

(11) Tenant acknowledges that Land lord requires co-location of antennae lothe Site to the extent perm itted by eng ineering and aesthetic lim itations. Ten andesign and construct the M onopole to accom m odate m ultiple users and/or anteexact num ber of which shall be d eterminedjointlyby Land lord and Ten ant as part of treview of Tenan t's construction plans above.

(1) enant shall , upon Land lord's request, fence and buffer the Prem ises or portion thereof. If the Com m unications Fac ility is to be constructed near any estructure or structures on the S ite, Tenan t shall (a) construct the Co m m unicatioso that it does not affect the structural integrity of the existing structure or structures and

(b) provide La ndlord , at its request, with a report prepared by an ind epen den t thprofessional engineer confirm ing the structuralintegrity of the existing structure orstructures following the construction of the Communications Facility.

Tenan t shall restore in compliance with the Federal Am ericans withDisabilitiesAct (ADA) (and an y state or local law coun terpart) any o f Land lord's facilitiesphysicallyaltered by Ten ant's work, only if the altered facilities previously com plied with

Tenant shall not make further additions or improvements to the CommunicationsFacility or the Premises without first obtaining Lan dlord's written con sent,which consentshall not be withheld, conditioned or delayed unreasona bly.

Tenan t shall install any electrical, radio, electroma gnetic or other types oprotectors deem ed required by the Lan dlord or its consultant(s) to protect the Lproperty and equipment from interference, damage or adverse impact caused by Te nant 'suse of the Premises.

(k) pon term ination of the Lease, Tenant shall remove its equipment and rePrem ises to their former cond ition, except for reasonable wear and tear and damcasualty no t caused byTenant. At its expense, Tenant shall remove the Monopole,replace it with a light pole compatible with the other light poles on the property, andreinstallthe stadium lights and any other equipment belonging to the Landlord.

(1 ) s long as the Communications Facility and equipm ent cont inue to servecollateral of a third party financing entity, Landlord waives any lienrights it may haveconcerning Tenant 's Communicat ions Faci l i tywhich is deem ed Tenan t 's personproperty and n otfixtures, and, as long as the Com m unications Faci li ty and equipcontinue toserve as collateral of a third party financing entity, Tenant has th8 right toremove the same at any time without Landlord's consent. In the event that the

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Communications Facility or any of its associated equipment ceases to be subject to asecurity interest, Tenant shall provide Landlord with written notice thereof within thirty(30) days thereafter.

(m ) Landlord acknowledges that Tenant has entered into a financing arrangementincluding promissory notes and financial and security agreements for the financing of theCommunications Facility (the "Collateral") with a third party financing entity (and may inthe future enter into additional financing arrangements with other financing entities). Inconnection therewith, Landlord (i) consents to the installation of the Collateral; (ii)disclaims any interest in the Collateral, as fixtures or otherwise; and (iii) agrees that theCollateral shall be exempt from execution, foreclosure, sale, levy, attachment, or distressfor any Rent due or to become due and that such Collateral may be removed at any timewithout recourse to legal proceedings as long as the Communications Facility andequipment continue to serve as collateral of a third-party financing entity.

(n ) Notwithstanding anything to the contrary contained in this Lease, Tenant shallhave the option, in its sole discretion, to convey title to the Monopole to Landlord, subjectto all other applicable terms and conditions of this Lease. In the event that Tenantexercises the foregoing option, by written notice to Landlord as provided in this Lease,the terms of Paragraphs 17 (1) and 17 (in) shall be deemed not to apply to the Monopoleitself, but shall be deemed to apply only to the antennae, equipment, equipment shelterand other property of Tenant located at the Site in accordance with the terms of thisLease.

(o ) During the term of this Lease, and notwithstanding anything to the contrary

contained in this Agreement, Landlord may not sell, assign, mortgage, pledge,hypothecate, convey or otherwise transfer its interest in the Monopole without the writtenconsent of Tenant.

18. NTERFERENCE. Tenant agrees to install and operate equipment of a type andfrequency which will not cause radio frequency interference with other forms of radiofrequency communications existing on Landlord's Parcel as of the date of this Lease. Inthe event Tenant's equipment causes such interference, Tenant agrees it will take all stepsnecessary to correct and eliminate the interference, consistent with appropriategoverment rules and regulations, upon receipt of written notification of the interference.If the interference is not corrected within thirty (30) days of receipt of notification (or

such time as may reasonably be required with exercise of due diligence provided suchrepairs are begun within said 30 days), Tenant will cease operation of the equipmentcausing such interference until such interference is cured. Landlord shall require that allfuture radio operators desiring to use this location will first coordinate with Tenant toensure that their frequencies and antenna locations will be compatible with Tenant's so asto prevent harmful interference. Any subsequent tenants will be required to comply withthe same conditions set forth in this Paragraph 18.

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19 . INDEMNIFICATION.Tenant shall defend, with counsel reasonably acceptable toLand lord , and indem nify and hold h armless , Landlord f rom al l losses , cos ts , c l

causes of actions, dem and s and l iabili t ies arising from (a) any breach by Te nananycovenant of this Lease; (b) any misrepresentation by Tenant and/or any breach by Tenantof any warranty of Tenant contained in this Lease; and (c) any occurrence arising from (1)Ten ant 's construction, instal lat ion, mainten ance, repair, operation, replacem entor

removal of the Communications Facility or any other equipment, or any other activities ofTenant on the Premises, and (ii) the condition of the Communications Facility andPremises in any way related to Tenant's use of the Communications Facility of thePremises, including, without limitation, any personal injury, death, or other accident inany way related to Tenant's use of the Premises. Such indemnification shall include thecost of investigation, al l expenses of l i tigation, and the cost of app eals, includinlim itat ion, reason able at torney s ' fees and court costs , and shall be applicable to

activities on the Premises whether prior to the Commencement Date or after thetermination of this Lease. In addition to the Landlord, Landlord's board members, staff,officers, agents, servants, employees, volunteers, business invitees, customers, students,family members and guests shall be beneficiaries of the indemnification. Thisindemnification shall not be applicable to the extent of any negligence or willfulmisconduct of the L andlord, i ts board m embers,staff , off icers, age nts, servants,employees ,volunteers, custom ers,business invitees, s tudents, family members andguests.

20. INSUR ANCE REQUIREM ENTS.

(a ) All property of the Tenant, its employees, agents, business invitees, licensees,

customers, clients or guests, in andon the Premises shall be and remain at the sole risk ofthe Tenant , and Land lord shal l not be l iable to them for any d am age to , or loss suchpersonal property arising from any act of God or any persons, nor from any other reason,unless such damage or loss is caused by the neg ligence or wil lful act or fai lure to aonthe part of the Landlord, its board members, staff, officers, employees, agents orvolunteers, nor shall the Landlord be liable for the interruption or loss to Tenant'sbusiness arising from any of the above described acts or causes, unless such damage,interruption or loss is cause d by the n egligence or wil lful act or fai lure to act onof the L andlord , i t s board m em bers, s taff ,officers, employees, agents or volunteers. TheLandlord shall not be liable for any personal injury to the Tenant, its employees, agents,business invitees, licensees, customers, clients or guests arising from the use, occupancy

and condition of the Premises unless such injury is caused by the negligence or willful acta he Dart of andlord, its beard members, staff, office.rs, employees,

(b ) During the term. Tenant will maintain a policy of commercial general li a bilit y

insurance insuring the Landlord as an additionalinsured andTenant against liability L14 . ,

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arising out of the use, operation or maintenance of the Premises and the installation,repair, maintenance, operation, replacement and removal of the Communications Facility.The insurance will be maintained for personal injury and property damage liability,

adequate to protect Landlord as an additional insured against liability for injury or deathof any person in connection with the use, operation and condition of the Premises, andincluding contractual liability, in an amount not less than THREE MILLION DOLLARS($3,000,000.00) per occurrence/aggregate. During the term, Tenant shall also maintainworkers' compensation, employers' liability insurance, and automobile liability insurance.

(i ) Worker's Compensation Insurance -Meeting all requirements of Maryland law:

Bodily injury by accident: $100,000 each accidentBodily injury by disease: $100,000 policy limitsBodily injury by disease: $100,000 each employee

(ii) Minimum Automobile Liability:

Bodily injury: $500,000 each person/$1,000,000 each occurrence.Property Damage: $500,000 each occurrence, including owned, hired,and non-owned autom obiles; orCom bined Single Limit for Bodily Injury and Property Damage of$1,000,000 each occurrence.

(c) Insurance carried by Tenant will be with companies reasonably acceptable to theLandlord. The Tenant will deliver to the Director, Department of Facilities Management,Montgomery County Public Schools, certificates evidencing the existence and amounts ofth e insurance. No policy shall be cancelable or subject to reduction of coverage belowthat required in this Agreement except after thirty (30) days' prior written notice to theLandlord. Tenant shall, as soon as practicable following renewal or replacement of suchpolicies (but in no event morethan thirty (30) days thereafter), furnish Landlord withrenewals or binders for replacement policies, or other assurances that the insurancecoverage has been renewed. Notwithstanding anything to the contrary contained in thisLease, the failure of Tenant to maintain the insurance required under Paragraph 20 shallconstitute an event of default requiring cure by Tenant pursuant to Paragraph 15 (b), andthe coverage requirements under Paragraph 20 (b) shall not be deemed to limit Tenant'sliability under this Lease.

(d ) If Tenant desires to self-insure, Tenant shall submit a request to Landlord to bepermitted to self-insure. Such request shall be accompanied by financial statements ofTenant audited by an independent, third party certified public accountant, and shallcontain all relevant information regarding Tenant's self-insurance plan. Tenant shallprovide Landlord with such further or additional information as Landlord deems

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necessary in deciding whether to permit Tenant to self-insure_ Landlord's decisionwhether to permit Tenant to self-insure shall be made in Landlord's sole and absolutediscretion,shall be in writing, and shall be effective for a twelve (12) month period from

the date of Landlord's approval of Tenant's self-insurance request, subject to the followingprovision. If Landlord permits Tenant to self-insure then (1) Tenant shall provideLandlord annually with updated financial statements, prepared as set forth above, forLandlord's review and approval, and (ii) immediately notify Landlord of any act oroccurrence which might materially reduce Tenant's net worth or financial condition, orimpair Tenant's self-insurance program.

(e ) he Landlord shall be nam ed as a n add it ional insured o n Te nant 's liabil i typolicies.

21. HAZARDOUS MATERIALS.

(a) enant shall not cause or permit any hazardous or toxic wastes, substances ormaterials (collectively, Hazardous Materials) to be used, generated, stored or disposed ofon, under or about, or transported to or from, the Premises (collectively HazardousMaterials Activities) without first receiving Landlord's written consent, which may bewithheld for any reason whatsoever and which may be revoked at any time, and then onlyin compliance (which shall be at Tenant's sole cost and expense) with all applicable legalrequirements and using all necessary and appropriate precautions. Tenant shallindemnify, defend with counsel reasonably acceptable to Landlord and hold Landlord

harmlessfrom and ag ainst any claims, dam ages, costs and l iabil i ties, including ccostsand legal fees, arising out of Tenant's Hazardous Materials Activities on, under or aboutthe Premises, regardless of whether or not Landlord has approved Tenant's HazardousMaterials Activities. For the purposes ofthis Lease, Hazardous Materials shall includebut not be limited to oil, radioactive materials, PCBs, and substances defined ashazardous substances or toxic substances in the Comprehensive Environmental Response,Compensation and Liability Act of 1980, as amended, 42 U.S.C. Sec. 9601 et seq.;

Hazardous Materials Transportation Act, 49 U .S.C. Sec. 1801 et seq.; and Reso urcesCo nservation and R ecovery Act, 42 U.S.C. Sec. 6901 et seq., and thosesubstancesdefined as hazardous wastes in the regulations adopted and publications promulgatedpursuant to said laws. Subject to the foregoing provisions of this Paragraph, Tenant shall,prior to the Commencement Date, submit to Landlord for Landlord's review andapproval, a list of Hazardous Materials Activities, including types and quantities, whichlist to the extent approved by Landlord shall be attached hereto as Exhibit C. Prior to

conducting any other Hazardous Materials Activities, Tenant shall update such list asnecessary for continued accuracy. If Tenant's activities violate or create a risk ofviolation of any legal requirements, such activities shall cease immediately upon writtennotice f rom Landlord. Landlord, Landlord 's representa t ives and employees m ayPremises upon prior notice to Tenant at any reasonable time during the term to inspectTenant's compliance herewith, and, if required under applicable law, may disclose any

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violation of legal requirements to any governmental agency with jurisdiction. TheLandlord represents that: (i) it has not, and, to the best of its knowledge, and except forordinary herbicides and pesticides used in normal lawn maintenance, it has not allowed or

permitted any Hazardous materials to be used, generated, stored, or disposed on, under orabout or transported to or from the Parcel in violation of any applicable law or regulation;and (ii) it will not, nor will it permit any third party to use, generate, store or dispose on,under or about, or transport to or from the Parcel any Hazardous Materials in violation ofany applicable law or regulation.

(b) Landlord acknowledges that Tenant's equipment shelter shall contain batteries forback-up power and that, provided Tenant's use of same is in compliance with thisprovision, the presence of such batteries does not violate this provision if such batteriescomply with all laws, regulations and ordinances relating to Hazardous Materials.

(c ) Tenant will immediately notify Landlord and provide copies upon receipt of allwritten complaints, claims, citations, demands, inquiries, reports, or notices relating to thecondition of the Premises or compliance with environmental laws. Tenant shall promptlycure and, if feasible under the applicable circumstances, have dismissed with prejudiceany of those actions and proceedings to the reasonable satisfaction of Landlord. Tenantwill keep the Premises free of any lien imposed pursuant to any environmental laws.Tenant shall have the right, from time to time, to submit written inquiries to Landlordwith respect to the existence of any written complaints, claims, citations, demands,inquiries, reports, or notices relating to the condition of the Site or compliance withenvironmental laws. Landlord shall respond to any such written inquiries within fifteen(15) business days after receipt thereof by Landlord. In the event that any such writtencomplaints, claims, citations, demands, inquiries, reports, or notices do in fact exist,Landlord also shall advise Tenant as to the current status of Landlord's efforts to complytherewith. If Tenant determines that Landlord has not promptly cured the conditionsleading to the issuance of any such complaints, claims, citations, demands, inquiries,reports or notices, Tenant shall have the right to terminate this Lease on thirty (30) days'written notice to Landlord.

(d ) Landlord shall have the right at all reasonable times and from time to time toconduct environmental audits of the Premises, and Tenant shall cooperate in the conductof those audits. The audits will be conducted by a consultant of Landlord's choosing, andif any Hazardous Materials generated, stored, transported or released by Tenant aredetected that are not in compliance with local, state or federal laws and regulations or if aviolation of any of the representations or covenants in Paragraph 21 is discovered, thefees and expenses of such consultant will be borne by Tenant.

(e ) If Tenant fails to comply with any of the foregoing representations and covenants,Landlord may cause the removal (or other cleanup acceptable to Landlord) of anyHazardous Materials from the Premises. The reasonable costs of removing Hazardous

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Materials and any other cleanup (including transportation and storage costs) shall bereimbursed by Tenant within thirty (30) days after Landlord's presentation of invoicestherefor. Tenan t willgive Landlord access to the Premises to remove or otherwise clean

up any Hazardous Materials. Landlord, however, has no affirmative obligation to removeor otherwise clean up any Hazardous Materials, and this Lease will not be construed ascreating any such obligation.

22. ASSIGNMENT.

(a ) Tenant may not assign this Lease or sublease the Premises without the writtenconsent of the Landlord. Notwithstanding the previous sentence, Tenant may assign thisLease or sublease the entire Premises, without Landlord's consent, to Tenant's principal,affiliates or subsidiaries of Tenant or of Tenant's principal, or to any corporation,partnership or other entity which (i) is controlled by, controlling or under common controlwith Tenant; (ii) shall merge or consolidate with or into Tenant; or (iii) shall succeed toall or substantially all the assets, property and business of Tenant. In the case of such

permitted assignment or sublease, Tenant shall within thirty (30) days provide toLandlord (a) the name and address of the assignee, and (b) a document executed by theassignee by which it acknowledges the assignment and assumption of all of Tenant'sobligations hereunder. In all other instances, Tenant may only assign or sublease itsrights and obligations upon Landlord's written consent, which consent shall not beunreasonably withheld, delayed or conditioned. A condition precedent to each and everyassignment or sublease shall be (i) that no default exists under this Lease as of the date ofsuch assignment or sublease; (ii) certification by such assignee that it is in compliancewith all applicable licensing requirements, including those of the FCC and otherapplicable agencies; and (iii) except in the event of a transfer petinitted pursuant to the

secondsentence of this paragraph, Landlord shall be entitled to all rentals in excess of therental hereunder arising from any such sublease.

(b) Forany ass ignmentor sublease requiring the consent of the Landlord, Tenant will,prior to entering into such assignment or sublease, submit in writing to Landlord (i) thename and address of the proposed assignee or subtenant, (ii) the business terms of theproposed assignment or sublease, (iii) reasonably satisfactory information as to the natureand character of the business of the proposed assignee, as to the nature of its proposed useof the Premises, (iv) banking, financial, or other credit information reaso nably sufficito enable Landlord to determine the financial responsibility and character of the proposedassignee or subtenant, and (v) the proposed form of assignment or sublease for Landlord's

approval.

(c ) Notwithstanding anything to the contrary contained in this Lease and after priorwritten notice to the Landlord, Tenant may assign, mortgage, pledge, hypothecate orotherwise transfer without consent its interest in this Lease to any financing entity, oragent on behalf of any financing entity to whom Tenant (i) has obligations for borrowed


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money or in respect of guaranties thereof, (ii) has obligations evidenced by bonds,debentures, notes or similar instruments, or (iii) has obligations under or with respect toletters of credit, bankers acceptances and similar facilities or in respect of guaranties

thereof.

(d ) Except for any assignment or sublease permitted by this Paragraph 22, Tenantshall not grant to or permit any third party to exercise any rights to install, operate ormaintain communications or other equipment on the Monopole or the Premises withoutLandlord's prior written approval, which approval may be given, withheld or conditionedon such terms as Landlord may require in its sole and subjective discretion.

(e) Tenant shall be allowed to license space on the Monopole structure to othertelecommunication providers who have received permission from Landlord to collocatetheir equipment and Tenant shall be allowed to retain all rents associated with such

collocation. Tenant may not enter into a license agreement for the use of Monopole spaceunless the prospective licensee has obtained necessary approvals from the Landlord andthe Montgomery County Planning Board. The parties agree that any licensee obtainingthe necessary approvals shall negotiate a separate agreement with the Tenant forMonopole space and a separate agreement with the Landlord for ground space.

23. NSPECTIONS. Tenant shall allow Landlord or its agents access for the purpose ofinspecting the Premises, and upon prior notification to Tenant, to enter the Premises orany part thereof at any reasonable time in a manner so as not to interfere with Tenant'suse of the Site. Landlord shall be accompanied by a representative of Tenant. Inaddition, without notice in the event of an emergency, Landlord shall be entitled to enter

the Premises or any part thereof in order to prevent injury to persons or property. Tenantshall at all times provide the Landlord copies of all keys needed to unlock all of the gatesand locks to the fences in the Premises (but no keys to the Tenant's equipment cabinets).

24 UIET ENJOYMENT. Tenant shall be entitled to use and occupy the Premises duringthe Term hereof for the purposes herein permitted and subject to the terms and conditionsherein contained, without molestation or interference by Landlord.

25. DAMAGE AND DESTRUCTION.

(a ) f the Premises or the Communications Facility are damaged or destroyed byreason of fire or any other cause, or if damage to the Premises or the CommunicationsFacility causes damage to portions of the Site or other property of Landlord, Tenant willimmediately notify Landlord, and Tenant may, within thirty (30) days after such damage,give written notice of its election to terminate this Lease and, subject to the furtherprovisions of thisParagraph 25, this Lease will cease on the tenth (10th) day after thedelivery of that notice. Monthly rent will be apportioned and paid to the time oftermination. If this Lease is so terminated, Tenant will have no obligation to repair or

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p.23

rebuild the Com m unications Fac il ity, but shall com ply with al l provisions relarestoration of the Prem ises and/or the Site, as set forth in Paragraph s 9, 13 andsuch dam age or des t ruct ion i s causedby the negligence or willful misconduct of Tenant,

its board m em bers, s taff , off icers, agen ts, servants, em ployee s, volunteers, custbusiness inviteesor guests. This Paragraph 25 shall not affect Tenant's obligations underParagraphs 19, 20 and 21 of this Lease.

(b ) If Tenant chooses to rebuild the Communications Facility rather than exercisingits termination rights under Paragraph 25 (a), monthly rent and additional rent will notabate pending the repairs or rebuilding if such damage or destruction is caused by thenegligence or wil lful m iscond uct of Ten ant, its board m em bers, s taff , off icers, agservants, employees, volunteers, customers, businessinvitees or guests .

(c ) Landlord shall have no responsibility to Tenant or any collocating tenants fordamage or destruction of the Monopole or any other collocation equipment which isdamaged or destroyed by fire or other casualty, unless such damage or destruction iscaused by th e negligence or willful actions of La ndlo rd, i ts board m em bers, s taff , ofagents, servants, em ployees or volunteers.

26. CONDEMNATION. If all or any part of the Premises is taken by eminent domain orsale in lieu thereof, and if said taking or sale renders the Premises unusable for itsintended purpose hereunder, then, at Landlord's or Tenant's option, this Lease may beterminated and there will be no further payment of rents except that which may have beendu e and paya ble at the t ime o f said taking or sale. In the event of a part ial takinand Tenan t , subjec t to m utual agreemen t wi th L andlord , wishes to m ainta in i t sTenan t may co nt inue to use and oc cupy the Prem ises and L andlord shal l reducon the Premises by an amount proportionate to the part of the Premises taken by eminentdomain sale or other such legal action, and provided Tenant, at its sole cost, restores somuch of the Premises as remains to a condition substantially suitable for the purposes forwhich it was used immediately before the taking. Upon the completion of restoration,Land lord shal l pay Ten ant the lesser of the net award m ade to L andlord on a cctaking (after ded ucting from the total award at torneys ' , appraisers ', and other coincurred in con nect ion wi th obta in ing theaward), or Tenant's actual out-of-pocket cost ofrestoring the Premises, and Landlord shall keep the balance of the net award received inconnection with any taking subject to this paragraph.

27 . BINDING EFFECT. This Lease shall bind and inure to the benefit of the parties hereto

and the i r respect ive successors and permit ted ass igns .28 . RECORDATION. Either party may record this Lease or a Memorandum of Lease

Agreement in the county land records, but such recording shall be at the sole expense ofthe requesting party and shall not burden the other party.


23 of < pages.Daly Elementary School



p . 2 4

29. NOTICES. All notices, payments, demands and requests hereunder shall be in writingand shall be deemed to have been properly given when mailed by United States FirstClass, Registered or Certified Mail, postage prepaid, or by reliable overnight courier, and

addressed to the Landlord as follows:

Board of Education of Montgomery County850 Hungerford DriveRo ckvil le , M aryland 20850Attn: Director of Facilities Management

with a copy, which will not constitute notice to:

Reese and Carney, LLP255 North Washington Street, Suite 505

Ro ckvil le , M aryland 20850and to Tenant as follows:

T-Mobile Northeast LLC12920 SE 38th StreetBellevue, WA98006Attn: PCS Lease Administrator

with copies, which will not constitute notice to:

T-Mobile Northeast LLC4 SylvanWayParsippany, NJ 07054Attn. Lease Mgmt. Dept.

T-Mobile Northeast LLC360 Newark-Pompton TurnpikeWayne, NJ 07470Attn: Lease Mgmt. Dept.

or to such other addresses as either of the parties may designate from time to time bygiving written notice as herein required.

30. WAIVER. No waiver by either party of any breach of any covenant, condition oragreement contained herein shall operate as a waiver of the covenant, condition oragreement itself or of any subsequent breach thereof.

31. ENTIRE AGREEMENT. This Lease contains the entire agreement of the parties andtheir commitment to the termshereof and may not be amended, altered or otherwisN

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p.25

changed except by subsequent writing signed by the parties to this Lease.Notwithstanding anything to the contrary set forth in this Lease, Landlord and Tenantagree that the following provisions of this Lease shall not be applicable if Tenant is not

constructing a monopole, tower or other structure or replacing an existing light standardwith a monopole, tower or other structure: (i) the portion of the second sentence inParagraph 1 from "structure" through the end of such sentence; (ii) Paragraph 10 (f); (iii)Paragraph 17 (a) i; (iv) Paragraph 17 (a) vi; (v) Paragraph 17 (f); (vi) Paragraph 17 (h);(vii) the final sentence in Paragraph 17 (k); and Paragraph 17 (n). Any term or conditiondetermined to be unenforceable or of no legal effect shall be severable and have no effecton the remaining provisions of this Lease.

32 . GOVERNANCE. This Lease shall be governed by, construed and enforced inaccordance with the laws of the State of Maryland.

33. CONFLICTS. Each party represents and warrants that no officer, employee or agent ofits organization has been or will be paid any sum or offered any gift, gratuity,employment or other consideration by or from the other party, its affiliates or agents inconnection with assistance in obtaining, arranging, negotiation or continuation of thisLease.

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25 of pagesDaly Elementary School



Notary Public

My C omm ission Expires:JACQUELINE GIRARD

Notary Public-MarylandBaltimore City

My Commission ExpiresApril 17, 2010

p . 2

STATE OF MARYLAND, COUNTY OF to wit:

I HEREBY CERTIFY that on this day of Ain 2006, before me,

the subscriber, a Notary Public in and for the State aforesaid, personallyappeared KfAt o rshtrc. j A Y-( D I - f t - c c/I or, of T-Mobile Northeast LLC, who madeoath in due form of law, under the penalties of perjury, that the matters and facts set forth in theforegoing document are true and correct to the best of his/her personal knowledge, informationand belief, and that he/she freely and voluntarily executed this document for the purposes thereincontained.

AS W ITNESS: m y hand and Notarial Seal.

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-k .-

.,% i. ,k,, . ,

, ,,.. , \ -ord. !, ,P ,. .10stt 20' X ° ,..

"1 1 4 , 1 G 3 1045. ralifIVL.11p,

,, e,--. L'''',. . --

...f..• i•:..,. ...,-- . .........--.-- \ . . . . , --- , , , . .-- ' ' . . -"tr t-- .--r--;-.--..----: -

-•,.. ---, '"--- "'

NOT

ttfl:;' , 04 !4i'1 '̂ CScairi7*- .0.43f-Mrrw-tr,...vrA•

Mak. atr-raYTIX'1. t.4N OT -RU. r.e lc . .1 .13.

(.7" . . z i c e-Efon GF*Fx. WfMAA , 1r-M

Ramat l'APR'3StIon wan. bar.

s

ue:... .rlemia 74 ,1n

n us.1 171-.2.1t 1Am , Tir army" •

PrAt4?,1/K4 -5N-F.

1TE PLANr-rxv

rrE. Na vaNt 144A.

DALY ELEM EICARY SCH OOL

; 6 : 0 , 3 1 4 7 w Eoffir.wzramtrya 01W S .

TA X Iv /1 Fl.S13 PATCEL Fen

114rX I N

T.€.21.FC LOKICIEN

T- obit LC

4,1MACT40 ; r u e l e r,

28 of t5 pagesDab. Elem entary School

1-701 7.4k7R<AK. ANC7 4,10; 47i m

0-41141.- : 100

p . 3

EXHIBIT A-1

Site Drawing Showing Property and Premises]The location of the Prem ises within the Prope rty (together with access and utilities) is more particularly descr

depicted as follows (E911 equipment to be installed in the future -- not depicted):

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iitC10000 ICCEttIIMVE ORM4STAS)

--------

0211k 00F .1.11.11Z 0111151 1,1110elsr

EXHIBIT A-2

FAIMACCiA5PVXM

!Site Drawing Showing Property and Premises]

rrvioall vars

— n o m,re c MOW

fliffiarriME

zzar,m11-

COMPOUND DETAI L

•

Me** il0MC .

t4CfMtIltOONAZt4 MOM EEP

OAA XiE Y10 itY4 Oft1/4704 Tt* fidN E , M STtttial OWitirto-fait

601.04PAZY )9arneY, P INFOIMIK TOW ri..FPVEffE.

IIMIAT;:e .- -mntimeg . "TrrIlk ,rn lee=e_ta.n......1....... ir now 4e2arbai Jertaidiaiii ,15*, P0.71...F =Pr egiapoqr, 414114rats.441tY.‘04.4:igr ow.V... a r s 1 0 4 : 0 %AZiferr,USS 'We.. 0ir k.04,MIROEJ

Star/WM*3W INVEAkiag

t a n g s: "Hiatia OW& tgiE PE WRED diehrOLPZO

T41616 tivihees t LLC1211% 1I1-11.3% NVO CUG

Wimpmi c O R M J S 2 4 - 61 1 1 M

'Fe lik3,1WHEfp' GMT!, SE; tNEf oF a Ict-ve •

D A L Y E M J E WA R Y S C H O O L

54 7..ALE:

STE la WAN 144A

2010/ BRANDERMiLLWPA146.100..VN, 03?8

TAX MoP T'413 P,rffirZ_ PEW

VIC MON 14.0-045.6040CM

----------- •

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p . 4



ANTENNAORIENTATION

AV" TO &LA f_E

F9DPCSEDFKIneirt 1.15t11 43.

rvOrmin otwcoo w BalitiP i a e f a B c

fltanatPt4 T.141:00,Ae n u r k s 7 m r

V4,140LE OAs5F0,1,s

riZEMSED •intert1:680 ao'=COM Was

totaKtwolictx4 0,51 am moo

tvl NOPOLE/LIGHT POLE ELEVATIONm a /n p

T v,04V , crawaTA....•41 , 7 11 1,6ttami L, Z0Villes ape-4 ,44.).

, It; .$ ,

:1-n744 ,77CA •4-orA14 14 5tEMIe 11115tMliSa4:y.

DAWNavett-M.Cueet-IssiM84• 'ma

n atse.31.-iria -42.61 11.rakiorq, .

sfrE towAN 144,

D A LYaBialTARY SA:7;F I0

2030I BaANDERMILL DRIVE

GIMMANTO101, 0376

T t v A P e. FT:TR

T-M obile N ortheaML L BIALSIMST

rl i .VIM.411C.MiaM*

g4e. ON-Mige. f4.4

DRAVVYA-2 T T S

LEASE H

..A.r•"••1 .411...!'10 koz-Rt ,Dcusgriy , pou. .1 „. . . .EET at: a NrEg

P • 5

EXHIBIT A-3[Site Drawing Showing Property and Premises]

spa L7WPcta

I ex 1 40tmnart 737 FiOrp.lsm marontE

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441 -.3 0of X7 pages

Daly 'Elementary School



SITE PLAN$,r4sLor.-av

MAWR eiVaPicsCIMix111717 , A141

V-,recd: C . 3 1 1 1 4 • Z W i lrewaar warm= WII=714

E L E M IE W A R Y S C 1 4 00 1 .IMINISIE MOMS

130.11516iitir,tas v=”to

441 7014,119 141i. imPA4610

UMW, 13.4..•.i .i.4i AV.WE1.8c.... I

2C7; .17. r, .!....;-,..., AA-S.,}R s, ,-.. -1.,,,, f FT,,m,

%., e......

r.4%,..a.,.....,"*....,, a

WWI EPA NXIVil l. i . DINVECuProwicivet, MOMEM

TAX. M. . .4 .? F 013 , ;

evrn 17.4L

==Zer i DETR . .F.NITY24-7Z41: O D A . 7 ; -s=" TE T .3r. :1

LEASE Ce-.4t B S T

1;,}41A4Sirt

EXHIBIT B[Map Showing Non-Exclusive Right-of-Way]

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P • G

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P • 7

EXHIBIT C

HAZARDOUS MATERIALS ACTIVITIES - TENANT

Batteries, Battery Gel, Petroleum

1 4 - 4-3 2 o f 4 . 5


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EXHIBIT ID

SCHOOL HOURS

7:00 a.m. — 7:00 p.m.Monday — Friday

COMMUNITY USE

For permission to enter the Premises after school and on weekends, the Tenant shallcontact the County Office of Community Use of Public Facilities 1(240-777-27061 regarding

their schedule of activities.

p .8

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P • 9

EXHIBIT E

RIGHT OF ENTRY AGREEMENT

RE: T-Mobile Northeast LLC

RIGHT OF ENTRY AGREEMENT

THIS AGREEMENT made this day of 2006, by and between MontgomeryCounty Public Schools (hereinafter the "Grantor"), 850 Hungerford Drive, Rockville,Maryland 20850, and T-Mobile Northeast LLC, 12050 Baltimore Avenue, Beltsville, MD20705 (hereinafter the "Grantee").

WITNESSETH:

That in consideration of mutual benefits accruing to all parties Grantor does herebygrant to Grantee their servants or employees, the temporary right to enter onto a portionof Grantor's property, known as Parcel P679 on Montgomery County Tax Grid FU13.Said property is known as the Daly Elementary School, located at 20301 BrandermillDrive, Germantown, MD 20876, for the purpose of traversing a portion of the DalyElementary School to conduct tests for a telecommunications facility. The area of thisRight of Entry is more particularly as shown highlighted on the drawing labeled Exhibit"A," attached hereto and made a part hereof.

This right of entry agreement shall commence on 200 and terminate no laterthan 200 _ In accordance with the following special conditions during theterm of this agreement, Grantee hereby agrees to:

1 . Perform all work within the limits of the defined area in accordance with localgovernment specifications, including the obtaining of all required licenses and permits,evidence of which shall be provided to Mr. Richard G. Hawes, director, Department ofFacilities Management.

2. Indemnify and save harmless Grantor, its agents and employees against allliability, claims and demands for personal injury, property damage or other expensessuffered or arising out of or caused by any act or omission of Grantees, their servants

or employees, due to their entry onto Grantor's property.

3 . Guarantee that contractors and/or assigns provide and keep in force andeffect until the termination of this agreement the following insurance with insurancecompany/companies licensed and qualified to do business in the State of Marylarei.

The Grantees must submit to the Director, Department of Facilities Management, a

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p. 10

certificate of insurance. Said insurance shall protect the Grantor from any claims arisingfrom the Grantees or the operation of their subcontractors or by anyone directly or

indirectly employed in the work by any of them under this Agreement:

(a ) Worker's Compensation. Meeting all requirements of Maryland law andwith the following minimum Employer's Liability limits:

Bodily injury by accident $100,000 each accidentBodily injury by disease: $500,000 policy limitsBodily limits by disease: $100,000 each employee

(b ) Commercial General Liability. Minimum one million dollars($1,000,000) combined single limit for bodily injury and property damage peroccurrence, including the following coverages: contractual liability, premises andoperations, independent contractors, underground explosion and collapse

hazard, broad form property damage and personal injury_

(c ) Minimum Automobile Liability. Bodily injury: $500,000 eachpersonf$500,000 each occurrence. Property damage: $500,000 eachoccurrence, including the following: owned automobiles, hired automobiles andnonowned automobiles.

(d ) Additional Insured. The Grantor must be named as additional insured

on all Commercial, General and Minimum Automobile Liability Policies.

(e ) Policy Cancellation. Thirty (30) days written notice of cancellation or

material change in arty of the policies is required.(1) Certificate Holder:

Montgomery County Public Schoolscio Department of Facilities Management7361 Calhoun Place, Suite 400Rockville, Maryland 20850Attention: Richard G. Hawes

4 . Restore disturbed areas as near as possible to original condition.

5 . Enter the site at a time approved forty-eight (48) hours in advance by theprincipal.

Accordingly, the parties hereto have caused this agreement to be executed as ofthe day and year first above written.

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p. 11

WITNESS: OR: Montgomery County Public Schools(Grantor)

B y:Richard G. Hawes, DirectorDepartment of Facilities Management

T-Mobile Northeast LLC(Grantee)

B y:Kevin ForsheeArea ector

Li-Lk3 6 6f \ 5pages


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EXHIBIT G -1

CURRENT BOARD POLICY ECN

ECN

POLICY O O A O D OT G O E E R AT C O UNT Y

Related Entries:

Respon s ible I2pp sDrvivt : S.4n-t-tnes

Telecommunications Transmission Facilities

A. PURPOSE

ti:rr F2:dt.t erlrarm w;:t ndprivnte- a rartzn .11.:r7t71-f7tr,

::tvned .oy the

3. : .5SKSE

?rivate;e7:„Firr,:nimumeaZ.i.C. -Ci;

-..7,w.nect b 1 7,-. 1, Br.;art':: iocotica. nd =n1 ,ty rzt1.-t&. :1c:`_5t...s.!Inente. The FAth.rd . ,:...1",tcaotit.lor. needs to have ': -.nit‘Tri ,.4 Inch to c't)rItz .ifjer

. . ."..cmprtnr_zsLng the , 4,:thl..,)1 ys.r..em ntsautn .4.-ovie:k. - . 4=Zand

-fer ;he.. at-fader:lit: 2 % . 1,2 C . T t A i r i

C POVT1ON

1 . The BCAErd ro-;:ppv.r7,S nel tzmutzry a ilt eSVza t c etr.a,g.rutr -tum c..4;431-Qclerts telet-,tnta.-nurlicamcns sFsteins and wiallea to implement LYi 7?

aPnixaverliakr the Primal -7 r11.17X:i0r5, Lilo organization wh.lch iP. ro ' .14.0sale :Ind suppr. .Artivo iznvironmfan for thi?.. academic: success e.Tery snae - nt.

at,:mn such aa aite Davatability with the cm; nres N f a z-i,ter_Pla”and scho311 site

dovelopment plan, Ltnpact on nchool ,. -)peratz.erts, school and ,.. _tarzarzunity iinc!utling.cnoc:1 rAr$,17,r,lf:0.1 and neighboriaoM cittatILI' 72.oncerns), elimpenFori:,111. and the ability

to c(54,4x.;ne. ttivo3rnmunic,T1tith fat.. -ilit itni av t ii e sh l (.,-nsidere.Ai when

evaluat:ing or teteefArtraenianions faciltes on school props ::y. SPedficallY,

foTho,-irta erita:rta wtil. :Infittierc.ki i r. -.e gvaluanon of proptti,a1.:

Confe ..:rzna.noef,:titt propoaai with fed, ,ita.1 and county legislation as demonstrated

in the cefan17i''S.Telcuallirnurile.a.ticri5 T ranzrziastan 24'ttaility Coordinating Group'sITTFCC",, recommeariAtion aind :he Morylaml-Nntinalai Capital Par andC .-. .f.:J.r.t.7.ritsinn,(14..,. , :CFPC) rept:rt.

b) pro.riers rnqs: 5nOw ,f

,..)ther veotdora stri&ur extsr.Ing

of 3

L.k

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p. 14

EXHIBITG

CURRENT BOARD POLICY ECN

ECN

c . T•lecor.nrwanicaan.s praoridets ar,t$L have a tong-range = sr= plan f or f uture

:eieromprattimmons transtnissicn facaibes throughout the cntaity,

di Impact an thetlalicc.i sue and cperactuas imand Cr input &cm animalcommonsTyr• -r-.Laps. and "—LE Thy consider-a-du:1.$ e'nould .;_nniutlie- the

1 Yr) sue shall he comidetvri .mess he .acrenee rii-e-&-e for 5.--..anelard

..er,..tra;± requirements

prvak. strx.. zurt, lazed C1,11)01 nicss

7k-,;,tIviated g eel ze erms of the

preposed instailannn il lega.7.... ,C-NeZ47 and healthri-currenaants sec farth t,a r.e. and croay..7. - zits :And oregu:anun_

r-t; ropcsed tr...zzallation =mit oti-atetr :ura ma' Jt. 57.ile.tztarty

.47.11 pie

F-rr anplicanar_s ior..-0" :v-ing new =chapel-es or towers- r.h.t1 maplictrat malc:".ng thePrIpn141: is res..froasibie Or nutilatatium of pm:m*41y azalaati e•jnizzunicles

l.",...ta ilH a ti on an ti Laca tira 51-1-41. -not aicnapt normal opt:ration tOr school eyetemacavititee anthur =171 C17.17:-..i.7« .717 .1Zt-5. 3S detcrminied by the- .7.-rmemal faTe=an:1 ,4.1:r

The 3Diic. artr. =lead ;ear eanariaihili-7 .elatt:fa costs ft.-r ndETZMInT-7f• 17.1.01 riii the histailaaici: anrl hr

retrais, aria" aplz,,saranne al the tower. !,4),o1I-Logoi(.cel'arr.li i 11 , ;

.1 ." • • -"..-` 11, '- ".7" p: ;o 7_7.a.ct,-,r, ./n.i17,7,2 -rence LC rez--nn rz ....ada_ras. r:C7E P Pt:

, f0-72

,f 7 , 1:;;;..^ • z.-.1tt:,. .g. : . . .ttr_ 147. 12 . . 2717(.7

73ht, 74,t7:irtr'7 V,̀ , • . :71,2.1 to. tu _-p_ ..trt.

F'777.71 zd

7.,",..7cOrr_L:22.itniCzanons 7;r: hal

tht .1 . . . .7erz t= 7 7 . 2 . r

n -ram e - a _ , : . ‹. - a t i2 - c — +ann.

Thc ,Ichr. •,1.7y.srern

2 of

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p. 1 5

EXHIBIT G -3CURRENT BOARD POLICY ECN

ECA

rf:ier.iY.,•;: the right, r.,rmr to tile nnciwilinit erraina:e ur .

caul4e, utch.triine lack or atk2itlate fnalme.nance, I?oa asioa e thu $taridat leaseipermi:Tform). i..)zuLipt for cilangs repured due 71 ;

-ha 31+Iierult-insdertt eNiew eor.::*:mtry. gatlivr aiiihticria! views of Tile17*-7.12,=unity2 :1 wen to principai's andie...Hr arL 1 . 1 4 . ,, .n5 and ev i-d' .1i . .r; m aking. a rk. . . m . $ i . 0 0 .

set:1)17h up ,:n-intern/in: l eC .14 :e• 'rf e .2 j 11the 1 . .41 .1 .1e . f , z rnnsrfiv- -Irahle ht

fo r c in tp : i . i i7e1 . • ,7 ei.urnitu-4- i7

c . i n v i h t . l c r : 1, r i r i lc3u.5.-oi)r!

D. DESIRED 01frl'OrviE

and .-vi •ufs ih heiinfiray.i:ruciurea

IMPLEMEM TAIION STRATEGIF S

n .ith . F 3 t2= 1 . t 7 : . E ; : ',' , e r ;UL:A7* .4•96,hIsik.alla•ioc. c.hool.

M-NCPPC appniv.alcira•, reccrranenclazton to ret3 ).-1.1,1CP,PC for it$ hriz.r

refEtrra.1 °sr i.pecift: rtice ss, Th e xpe.r: tasrimony

7 , - ; 11 . 3 n o t : P r i ChOd kf :11£•

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REVTEWAN D REPORTING

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p. 16

EXHIBIT H

Memorandumof

Lease

44- -41 of p ages


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p. 1 7

Memorandum of LeaseAssessor's Parcel Number: 09 02762975

Between The Board of Education of Montgomery County ("Landlord") and T-Mobile Northeast LLC ("Tenant")

A Lease Agreement for Telecommunications (the "Lease") by and between The Board of Education of MontgomeryCounty ("Landlord") and T-Mobile Northeast LLC, a limited liability company ("Tenant") was made regarding a portion of the

following property: Z —See Attached Exhibit "A" incorporated herein for all purposes

The Lease is for a term of five (5) years and will commence on the date as set forth in the Lease (the "Commencement

Date"). Tenant shall have the right to extend this Lease for three (3) additional and successive five-year terms.

IN WITNESS WHEREOF, the parties hereto have respectively executed this memorandum effective as of the date of the last

party to sign.

LAN DLORD: The Board of Education of M ontgomery County

By :

Printed Name:

Its:

Date:

Jerry . ast .D.

Supc •intendent of Schools

viA4 3. )

TENANT: -Mobile Northeast LLC

By:

Printed Name:

Its:

Date:

KEVIN FORSHEETECHNICAL DIRECTOR t.

44 -42 of X5 pages


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This instrumept as er lpledged bqKore me on a - .

.)Ddb

[title] tni,ric(no

f Al entity], on helialf of said A C eS name of entity].

) to

p. 18

]Notary block for Landlord]

(Notary block for Corporation, Partnership, Limited Liability Company)

STATE OF

COUNTY OF

)) ss.)

b 6 .

a Ogg-Le-Leit(-1--42iNota /rA:bblicPrintC e -p(p-Ks_ ,c 5 "My commission expires r il r0 I 1 3

Use this space for notary stamp/seal

[Notary block for Tenant]

STATE OF iv I n r y l o r d

)

Y OF

aktiryorc."I certify that I know or have satisfactory evidence thatigAilin VOY6 0 C /0 is the person who appearedbefore me, and said person acknowledged that he signed this instrument on oath stated that he was authorizexecute the instrument and acknow ledged it as theA ife-CA f T-M obile NortheastLLC, alimited liability company, to be the free and vo luntary act of such partyfor the uses and purposes mentioned in

the instrument.

Dated: U 12-71 OLP

‘ 6/otary ub 1cPrint N31 meMy commission expires

I

Notary Public-Meryi3n,:iBaltimore City

My Commission ExpiresAprt! 17, 2010

(Use this space for notary stamp/seal)

43 of5 pagesDaly Elementary Schoo l

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Dated:

SS.

)



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D A LY S 2 E M E WA R Y S C H O O L

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SITE PLANr = a o - o .

EXHIBIT A-2

(Site Drawing Show ing Property and Premises)

Daly Elementary School Lease

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Transcript of Daly Elementary School Lease