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Market: North Carolina/South Carolina
<br />Cell: WND- 074PO331
<br />Fixed Asset Number: 10132844
<br />STRUCTURE LEASE AGREEMENT
<br />THIS STRUCTURE LEASE AGREEMENT ( "Agreement "), dated as of the latter of the signature dates below (the
<br />"Effective Date "), is entered into by the County of Cabarrus, a body politic and political subdivision of the State of North
<br />Carolina, having a mailing address of PO Box 525, Concord, NC 28026 -0525 ( "Landlord ") and New Cingular Wireless PCS,
<br />LLC, a Delaware limited liability company, having a mailing address of 12555 Cingular Way, Suite 1300, Alpharetta, GA
<br />30004 ( "Tenant ").
<br />BACKGROUND
<br />Landlord owns or controls that certain plot, parcel or tract of land, improved with a structure (the "Structure "),
<br />together with all rights and privileges arising in connection therewith, located at 698 Walker Road, in the County of Cabarrus,
<br />State of North Carolina (collectively, the "Property "). Tenant desires to use a portion of the Property in connection with its
<br />federally licensed communications business. Landlord desires to grant to Tenant the right to use a portion of the Property in
<br />accordance with this Agreement.
<br />The parties agree as follows:
<br />LEASE OF PREMISES. Landlord hereby leases to Tenant:
<br />(i) approximately square feet including the air space above such rooftop/basement /ground space for the
<br />placement of Tenant's Communication Facility as described on attached Exhibit 1;
<br />(ii) space for any structural steel or other improvements to support Tenant's equipment (collectively, the space referenced
<br />in (i) and (ii) is the "Equipment Space")
<br />(iii) that certain space on the building's rooftop and /or fagades, as generally depicted on attached Exhibit 1, where Tenant
<br />shall have the right to install its antennas and other equipment (collectively, the "Antenna Space") and
<br />(iv) those certain areas where Tenant's conduits, wires, cables, cable trays and other necessary connections are located
<br />between the Equipment Space and the Antenna Space, and between the Equipment Space and the electric power, telephone,
<br />and fuel sources for the Property (hereinafter collectively referred to as the "Connection Space "). Landlord agrees that Tenant
<br />shall have the right to install connections between Tenant's equipment in the Equipment Space and Antenna Space; and
<br />between Tenant's equipment in the Equipment Space and the electric power, telephone, and fuel sources for the Property, and
<br />any other improvements. Landlord further agrees that Tenant shall have the right to install, replace and maintain utility lines,
<br />wires, poles, cables, conduits, pipes and other necessary connections over or along any right -of -way extending from the nearest
<br />public right -of -way to the Premises. Notwithstanding the foregoing, Tenant, to the extent feasible, shall locate all lines, wires,
<br />conduits and cables on existing poles extending from the roadway into Landlord's Property. The Equipment Space, Antenna
<br />Space, Connection Space are hereinafter collectively referred to as the "Premises."
<br />2. PERMITTED USE. Tenant may use the Premises for the transmission and reception of communications signals and
<br />the installation, construction, maintenance, operation, repair, replacement and upgrade of its communications fixtures and
<br />related equipment, cables, accessories and improvements, which may include a suitable support structure, associated antennas,
<br />I beams, equipment shelters or cabinets and fencing and any other items necessary to the successful and secure use of the
<br />Premises (collectively, the "Communication Facility "), as well as the right to test, survey and review title on the Property;
<br />Tenant further has the right but not the obligation to add, modify and /or replace equipment in order to be in compliance with
<br />any current or future federal, state or local mandated application, including, but not limited to, emergency 911 communication
<br />services, at no additional cost to Tenant or Landlord (collectively, the "Permitted Use "). Landlord and Tenant agree that any
<br />portion of the Communication Facility that may be conceptually described on Exhibit 1 will not be deemed to limit Tenant's
<br />Permitted Use. If Exhibit 1 includes drawings of the initial installation of the Communication Facility, Landlord's execution
<br />of this Agreement will signify Landlord's approval of Exhibit 1. For a period of ninety (90) days following the start of
<br />construction, Landlord grants Tenant, its subtenants, licensees and sublicensees, the right to use such portions of Landlord's
<br />contiguous, adjoining or surrounding property (the "Surrounding Property ") as may reasonably be required during
<br />construction and installation of the Communications Facility. Tenant has the right to install and operate transmission cables
<br />from the equipment shelter or cabinet to the antennas, electric lines from the main feed to the equipment shelter or cabinet and
<br />communication lines from the Property's main entry point to the equipment shelter or cabinet, and to make Property
<br />improvements, alterations, upgrades or additions appropriate for Tenant's use ( "Tenant Changes "). Tenant Changes include
<br />the right to construct a fence around the Premises and undertake any other appropriate means to secure the Premises at
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