Fill and Sign the Reservation Lease Agreement for Form

Page 1 of 6 LEASE AGREEMENT (For Telecommunications Facility) STATE: COUNTY: LESSOR: (Name and Address) LESSEE: (Name and Address) EFFECTIVE DATE: This Lease Agreement (the “Lease” or the “Agreement”) is entered into by Lessor, named above, and Lessee, named above. In consideration of the covenants and conditions in this Agreement, Lessor leases and lets to Lessee, the following lands (the “Property”): (Description of Property) The terms and conditions of this Lease are: 1. The Lease shall continue for a primary term of _____ years. At the termination of the primary term, Lessee may, at its option, renew the Lease for _____ additional renewal terms of _____ years each. Lessee must notify Lessor of its intention to renew the Lease by giving at least sixty (60) days written notice prior to the expiration of the primary or any renewal term.2. Lessee shall pay Lessor the rental amount of _____ per year, payable annually on the anniversary date of the Effective Date of the Lease. Lessee shall pay Lessor for a ny renewal terms, an amount equal to _____ per year, payable annually on the anniversary date of the Effective Date of the lease. 3. Lessee shall use the Property only for the construction, operation, maintenance, repair, and replacement of a telecommunications facility, including, but not limited t o dishes, grids, transmission lines, base stations, wireless communications equipment, switches, power supplies, batteries, accessories, and anything necessary and convenient to construct, operate, and mai ntain a telecommunications facility. 4. Lessee agrees to keep the Property clean and free of rubbish, and to comply with all safety rules and regulations applicable to the use of the Property. Lessee shall, at i ts sole expense, maintain the Property in good order, condition and repair, and shall permit no hazards or nuisances to exist on the Property. Lessor shall have no obligation to make any repairs of any kind or for any reason relating to any equipment or structure Lessee may locate on the Property. 5. Lessee shall obtain, at its sole cost and expense, any and all permits necessary for the Page 2 of 6 construction and operation of its communications facility on the Property. On Lessee’s request, Lessor shall reasonably cooperate with Lessee and co-sign applications or other documents, as the landowner, in order to obtain all necessary permits for construction on the Property. 6. Lessee shall obtain its own electricity and other utility service for the Property; provided, however, on Lessee’s request, Lessor shall cooperate to cause sources of power on property owned by Lessor adjacent to the Property, if any, to be made available to Lessee. Lessor agrees to grant to Lessee easements for the utilities over and across adjacent lands owned by Lessor; the locations of such easements to be mutually agreed on by both parties. 7. Lessor agrees to grant Lessee access to the Property, if necessary, by executing a roadway easement across property of Lessor; the location of a roadway to be generally the shortest distance to a public road or street, but mutually agreed on by both parties. 8. Lessee shall have the right to install permanent or temporary generators for Lessee’s emergency power requirements. 9. Lessee shall pay all personal property taxes assessed to Lessee’s equipment by state or local taxing authorities. Lessor shall be responsible for the timely payment of all ad valorem taxes and other real estate taxes or assessments levied on the Property and improvement s. Lessee agrees to reimburse Lessor for the amount of any supplemental taxes or assessments levied against the Property, if any, that are attributable to Lessee’s improvements constructed on the Property, within thirty (30) days of Lessor’s demand for payment; provided, however, Lessor shall produce evidence satisfactory to Lessee that the supplemental taxes or assessme nts in fact result from such improvements. This section shall not apply to render either party liable for any tax based exclusively on the other party’s income. 10. Zoning. Lessee acknowledges that the Property presently may not be zoned for the uses intended by Lessee and Lessor expressly makes no representation, covenant, or warranty relating to the zoning of the Property or the uses permitted. Lessee shall prepare and submit, at i ts own cost and expense, any zoning application or request for zoning variance relating to the Property that may be required for its proposed use. At Lessee’s request, Lessor shall cooperate and co- sign any zoning application or other documents as the landowner in order to obtain appropriat e zoning of the Property; provided, however, nothing shall be construed to cause the Lessor to incur any expenses. 11. In the event Lessee is unable to obtain all necessary rezoning, use permits, or other permits necessary for the construction, operation, and maintenance, then in that event, this Lease shall become null and void and Lessee shall have no further obligation to pay rent as se t out in this Lease. 12. Lessee will maintain in force, throughout the entire term of this Lease, the foll owing insurance: a. Worker’s Compensation Insurance; and, Page 3 of 6 b. Commercial or Comprehensive General Liability Insurance. On request, Lessee will deliver to Lessor certificates of insurance evidencing the insurance coverages required above.13. Lessee agrees to indemnify and hold Lessor harmless from and against any claim, liability, or loss from personal injury or property damage resulting from or arising out of the use of the Property and the improvements by Lessee, its servants, agents, or subcontractors, and the installation, use, maintenance, repair, or removal of the improvements by Lessee and pe rsons acting on its behalf, excepting, however, claims, liabilities, or damages as may be due to or caused by the acts of Lessor, or its servants, agents, or subcontractors. 14. Lessor agrees to indemnify and hold Lessee harmless from and against any claim or liability or loss from personal injury or property damage resulting from or arising out of the use of the Property by Lessor, its servants, agents, or subcontractors, and such persons acting on its behalf, excepting, however, such claims, liabilities or damages as may be due to or caused by the acts of Lessee, or its servants, agents, or subcontractors. 15. Lessor makes the following representations to Lessee, each of which is made only t o the best of Lessor’s knowledge as of the Effective Date of this Lease: a. Any handling, transportation, storage, treatment, or use of Hazardous Material that has occurred on the Property before the Effective Date has been in compliance with all laws regulating Hazardous Material. b. The Property is, as of the Effective Date of this Lease, in compliance with all laws, rules, and regulations governing the handling, transportation, storage, treatment, use, and disposition of Hazardous Material. c. The soil and ground water on or under the Property is free of Hazardous Material. In the event Lessor had actual knowledge of the use or disposition of Hazardous Material on the Property, without disclosing this information to Lessee prior to the effective dat e of this lease, then the following will apply: d. Lessor shall be responsible for all costs incurred in complying with all such laws, rules, and regulations relating to Hazardous Material and the occurrence in question; and, e. Lessor shall indemnify, defend, and hold Lessee harmless from and against any and all claims, judgments, damages, penalties, fines, costs, liabilities, or losses (including, without limitation, sums paid in settlement of claims, attorney fees, consultant fees, and expert fees) that arise during or after the lease term from or in connection with the Hazardous Material and the occurrence in question, except for Lessee’s lost profits or damages or loss to Lessee’s business. Page 4 of 6 16.Lessor has not made any representations or promises with respect to the Property or the suitability of same for the uses contemplated by Lessee, except as expressly set out in this Lease, and no rights, privileges, easements, or licenses are acquired by Lessee except as expre ssly set forth in this Lease. 17. Lessor represents and warrants that it is the owner in fee simple of the Property and any additional property as may be necessary to grant the rights granted to Lessee (subject only to liens and encumbrances now of record) and that Lessor alone has the full right to lea se the Property and grant the rights of way and easements described in this Lease. 18. Neither party shall be liable to the other party in any event, or for any reason, inc luding breach of this Lease, either directly or indirectly, for any special, indirect, inc idental, consequential damages, or loss of profits arising out of or related to this Lease or the Property.19. Either party shall be excused from performing any obligation required of it by the terms of this Lease, except as to the payment of money, to the extent and for so long that the performance is prevented by any cause beyond a party’s reasonable control, including, without limitation, acts of God, floods, storms, earthquakes, fires, labor disputes, acts of war, restrai nt of trade or government, and inability to obtain supplies, manpower, or transportation, or by any cause or causes beyond the party’s control, provided that party gives prompt written notice of the delay and its cause to the other party. 20. The failure by either party to perform any of its obligations under this Lease shall not constitute a default unless the failure shall continue for a period of more than thirt y (30) days after written notice of it from the other party specifying the failure to perform; provided, however, that if the nature of the failure is such that more than thirty (30) days are reasonably required for its cure, then the failing party shall not be deemed to be in default if it commences the cure within the thirty (30) day period and diligently prosecutes such cure to complet ion. If the failing party does not cure, as provided in this Section, then it shall be in de fault, and the other party shall have the right, but not the obligation, to terminate this Lease and to pursue any remedies at law or in equity which are available to it under the law. 21. Lessee may terminate the Lease at any time as to all or any portion of the Property, sixty (60) days prior written notice to Lessor.22. On the expiration or termination of this Lease, Lessee shall have sixty (60) days to remove any fixtures or personal property belonging to Lessee from the Property and restore the Property to its condition existing as of the date of this Lease. 23. Both parties shall comply in all respects with all applicable federal, stat e, and local statutes, ordinances, rules, and regulations.24. If the whole or any part of the telecommunications system or the Property is damaged or destroyed by fire, earthquake, Act of God, or any other casualty so as to make the Property unsuitable or uneconomical for Lessee’s use, Lessee may terminate this Lease and a ll of the obligations of either party on sixty (60) days’ notice to Lessor. If the damage or destruction i s to Page 5 of 6 the Property, and Lessee does not elect to terminate, Lessor shall restore the Property to substantially the same condition as it was in immediately prior to the dama ge or destruction, and there shall be an abatement or reduction of rent for the period between the date of damage or destruction and the date of completion or restoration, based on the extent to which the damage or destruction causes the Property to be unusable or inaccessible. 25. If there is any taking in whole or in part of the Property by eminent domain or condemnation, Lessee shall have the right to terminate the Lease on written noti ce to Lessor within thirty (30) days after a final order of condemnation is entered. If Lessee does not el ect to terminate, the Lease shall continue in effect, and the rent payable by Lessee shall be reduced by an amount which reflects the value of the portion taken, compared to the total value of the Property immediately before the taking. Any award of compensation due or payable to Lessor for the condemnation of any portion of the Property shall be allocated between the Lessor a nd Lessee in amounts proportionate to the value of the condemned property (whether real or personal) owned or occupied by each. 26. All notices required to be given shall be in writing and shall be deemed to be properly served if delivered personally to the other party, or if sent by certified or first cla ss mail, postage and charges prepaid, return receipt requested, or sent by a nationally recognized overnight courier, to the party as set forth below, or such other address as a party may have directed in writing to the other party prior to the mailing of any such notice. Lessor: Lessee: 27. This Lease shall not be amended, modified, or supplemented, except by an instrument in writing, signed by both parties.28. Lessee shall have the right at any time during the primary term or any renewals or extensions to assign this Lease or sublet the Property, in whole or in part.29. This Lease states the entire agreement between the parties with respect t o its subject matter, and supersedes all prior agreements and understandings, whether oral or written, betwee n the parties with respect to the subject matter of this Lease.30. This Lease shall not be recorded by either party. The Parties agree that they shal l execute a Memorandum of Lease in substantially the same form as attached as Attachment “A,” and the Memorandum of Lease will be recorded in the official records of the county in which the Property is located. 31. This Lease may be executed in one or more counterparts, each of which shall be dee med an original, but all of which together shall constitute one agreement. Page 6 of 6 Lessor Lessee (Acknowledgments) Attachment “A”: Form of Memorandum of Lease