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98 1005 LEASE AGREEMENT This Lease is entered into this 1st day of October. 1998. by and between O'Hara Phunbingi Company, int. (-Lessor"), and Wireless IL L.L.C. ("Lessee-). In consideration of mutual promises and agreements recited herein. Lessor and Lessee agree as follows: t Gram of Lease and Use Lessor is the owner of property upon which Lessee wishes to construm at ms's expettse. a radio transmission tower and/or building. Said property is located at coordinates rdlected on F,xhibit A attached to this agreement (the "Site"). Lear hereby le&ses to Lewes space to construct. use. maintain and modify the tower, building and ancillary equipment listed on Exhibit B and attached to Ws agreement (the "Equipment") The transmit frequencies used by Lessee's equipment shall be as listed on Exhibit C and attached to thins agreement (-Frequencies). ~ Lessor grants to Lessee all necessary rights of ingress and egg to the Site and to Lessor's tower/geed or building which may be required in contraction with the installer[ion, use, maintenanm and modification of the Equipment. Lessor also grants to Lessee an easement across property owned by Lessor but not rented to Lessee for the purpose of burying. maintaining and repairing an umlerground cable from the closest eketriCal utility line and telephone terminal to the Site, Lessor represents and warrants to Lessee that Lessor now holds, and will continue to hold during the tertn of this Luse, the rights and authority to provide Lessee with ingress and egr, to the Site. Lessees Obligations Subject to Governmental Approvals Lessor acknowledges that Lessee has disclosed to Lessor that Weee is constructing s PCS teiecommunications system of which the equipment installation at Lessor's Site is an integral part. This Lease and Lessee's obligations hereunder are conditional upon and subject to receipt by Lessee. Lessee's affiliate or its assignee of all necessary govertmmal approvals for construction and operation of such system, including but not limited to local zoning and permitting and FCC licensing approval In the event that such approvals arc not received. Lessee my terminate this Lease. 3 Rent The rental fec for the initial term of this Lease shall be w* hundred dollars ($100.00) petmonth. payable annual+y by Lessee to Lessor. The initial rental five shall be payable on the date of start ofconstrwtion of by Ur ssee on Lessor's Site and thereafter on the anniversary date of the initial rental fee payment. The attmosint wW date of payment of the initial rectal fee and subsequent annual rental fees shall be as reflwed on Exhibit D (the "Payment Schedule"). The rental fee shall be inucaux! by three percent (3%) annually, as reflected on the Payment Schedule. .t Term and Option to Rmw The tenet of this Lease shall be foes fiver (S) years, beginning on the date of payment of the initial rental fee as reftec;ed on the Payment Sc.S Jule, Lessee shadl have the option toextetd this Lease for two (Z) succex+ive five ('r) yw tatms (the "Renewal Terns), ter the terrrres and conditions of this Lease, ,ptowviding Lessee provides Lessor with notice ofin+tent to exemism this renewal option at lent sixty (bq) days prior to the end of the preceding term.