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TELECOMMUNICATIONS LEASE AGREEMENT


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THIS TELECOMMUNICATIONS LEASE AGREEMENT ("Lease"), is made this


day of
2QQS by and between the BALTIMORE CITY BOARD~
COMMISSIONERS, hereinafter called LESSOR, and Omnipoint Communications Cap
Operations, LLC, hereinafter called LESSEE.

L.

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WHEREAS, pursuant to Senate Bill 795 (1997 Regular Session), the New Baltimore City Board
of School Commissioners was created and was vested with jurisdiction and control over property
used by the Baltimore City Public School System formerly held by the City. The Mayor and City
Council of Baltimore pursuant to Senate Bill 795 has transferred its possessory interest in the
subject property pursuant to the Memorandum of Understanding between the New Baltimore
City Board of School Commissioners and the Mayor and City Council of Baltimore dated June
24, 1998, to the aforementioned Board and the aforementioned Board has agreed to accept these
responsibilities.
WHEREAS, in the event that, by operation of law, the Baltimore City Board of School
Commissioners ceases to exist at a future time, all possessory interest to the subject property
would automatically revert to the City.
WITNESSETH, that the Lessor, in consideration of the lease fee hereinafter specified to be paid,
and the performance of the covenants hereinafter set forth, hereby grants to the Lessee, an FCC
approved operator, a nonexclusive lease to operate communications equipment on certain
property located in Baltimore City, State of Maryland.

1.

LEASED PREMISES:

For and in consideration of the payment of the Rent and performance of the covenants
and agreements set forth herein, upon the part of Lessee to be observed and performed, Lessor
leases to Lessee the right to construct, operate and maintain certain communications equipment
(described at Attachment A hereto) ("Equipment") on a portion of the land described on
Attachment B hereto ("Property"), owned by Lessor and operated by the Mayor and City Council
of Baltimore. The Equipment shall be installed in the manner and at the location described at
Attachment C hereto ("Leased Premises").
Lessor also grants to Lessee nonexclusive rights of access over so much of the Property
as is specified in Attachment "C" hereto for the installation and maintenance of wires, cables,
conduits and pipes necessary for the installation, operation and maintenance of the Leased
Premises. Exhibits A, B, & C are attached hereto and made a part hereof.
"

It is expressly agreed by the parties that, except for the Leased Premises, the Lessee does
not have exclusive rights to the Property, and that Lessor may enter additional lease agreements
with third parties for the construction and operation of additional communications facilities on
the property and further that Lessor may itself construct and operate such facilities upon the
Property.

Page 1 of 16 (excluding exhibits) of a Lease Agreement between the Baltimore City Board
of School Commissioners (Lessor) and Omnipoint Communications Cap Operations, LLC.
(Lessee), for the rental of Canton Middle School #230, property located at 801 S. Highland
Avenue, Baltimore, MD 21224.

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Upon the full execution of this Lease, Lessee may have access to the Property to perform
such tests and studies as Lessee may deem necessary to determine the suitability of the Property
for Lessee's intended operations. Lessor shall reasonably cooperate with such tests and studies,
provided Lessee does not interfere with the operation of the Property. If Lessee determines, in its
sole discretion, that the Property is not suitable for Lessee's intended operations (whether for
technological, economic or other reasons), then Lessee may terminate this Lease, without
liability, by written notice delivered to Lessor.

2.

TERM:

The first term ("Initial Term") of this Lease will be for a period of five (5) years. The
Initial Term shall begin on the date that (the "Commencement Date") which is the last to occur of
(a) the first day of the calendar month following Lessee's receipt of the last of the necessary
local, state and federal approvals, licenses and permits so as to permit construction and/or
installation of equipment on and use of the Leased Property for all purposes permitted by this
Lease (such approvals, licenses and permits hereinafter collectively called the "Approvals"), or
(b) the first day of the calendar month following Lessee's commencement of construction
pursuant to this Lease.
Lessee shall have the duty to notify the Lessor in writing of the Commencement Date. At
that time the parties shall enter into a Commencement Date Lease, a copy of which is attached
hereto as Attachment D.

3.
"

OPTION TO RENEW:

Lessee may renew this Lease for three (3) additional periods of five (5) years each
("Renewal Periods"), upon the same terms and conditions as govern the Initial Term, except as is
otherwise set forth in Section 4 hereof. Options to renew shall be effective provided Lessee is not
in default under any of the terms of the Lease the date of the commencement of the Renewal
Period in question. All renewals shall be automatic unless Lessee provides written notice to
Lessor of its intention not to renew at least ninety (90) days prior to the end of the Initial Term or
the Renewal Period, as applicable.
If at the end of the Initial Tenn and all of the Renewal Periods provided for herein this
Lease has not been terminated by either party, this Lease shall continue in force upon the same
terms and conditions, for a further term of one (1) year, and so on from year to year until
terminated by either party at the end of any such one (1) year term giving to the other written
notice of an intention to so terminate at least sixty (60) days prior to the end of the term, but in
no event shall this Lease extend longer than twenty-five (25) years in total.
4.

RENT:

Lessee covenants to pay the Lessor an annual rent in the amount of Twenty One Thousand
Dollars ($21,000.00) ("Lease Fee"), payable in equal monthly installments of One Thousand
Seven Hundred Fifty Dollars ($1750.00).
Rent shall be paid to the Lessor within fifteen (15) days of the Commencement Date and on the
first day of each month thereafter.
As described in Attachment D, attached hereto and made a part hereof, the Lease Fee shall be
increased annually upon each anniversary of the Commencement Date by an amount equal to
four percent (4%) over the amount prevailing during the preceding year.
Each payment shall be sent to the office of Lessor designated in Section 30 hereof or at such
other place as may be designated by Lessor from time to time in writing. The Rent shall be paid
Page 2 of 16 (excluding exhibits) of a Lease Agreement between the Baltimore City Board
of School Commissioners (Lessor) and Omnipoint Communications Cap Operations, LLC.
(Lessee), for the rental of Canton Middle School #230, property located at 801 S. Highland
Avenue, Baltimore, MD 21224.

to Lessor without any prior demand therefore, and without any deduction or setoffwhatsoever.
Lessee shall pay Lessor a late payment charge equal to five percent ( 5 % ) of the amount due for
any payment, that remains unpaid for more than ten (10) days after receipt by Lessee of notice
that such money was not received when it was due and payable.
\)

If this Lease is terminated prior to its expiration pursuant to Section 28 hereof, the Lease Fee
shall be prorated to the date of termination.
5.

PERMITTED PURPOSE:

Lessee shall use the Leased Premises solely for the purpose of conducting the business of
a communications facility. Specifically, Lessee may use the Property to install and to operate
antennas, transmission lines, and ancillary equipment for the purpose of operating
communications facility, in accordance with sound technical practice applicable thereto, and in
accordance with all applicable laws, regulations and orders of Federal, state and local
government. Lessee will not use or permit or suffer the use of the Leased Premises for any other
business or purpose. Without limiting the generality of the foregoing, the Leased Premises shall
not be used for any illegal purpose nor in violation of any regulation of any governmental body,
nor in any manner to create any nuisance or trespass.

6.

CONSTRUCTION AND OPERATION:

A
General
At Lessee's expense and with minimal disruption to Lessor and any
other tenants or lessees of Lessor, Lessee may install, operate and maintain the Leased Premises
on the Property. Lessee's installation, construction and operation of the Leased Premises
hereunder shall comply with applicable law and regulations, including, without limitation,
applicable health, safety and environmental requirements and any applicable Federal
Communications Commission ("FCC") regarding tower painting and lighting; FCC tower
registration; FCC RF radiation; FCC technical; and Federal Aviation Administration ("FAA")
requirements. Subject to the provisions of this Lease, Lessee agrees that all work done by it in
connection with this Lease shall be done, in a neat and good workmanlike manner, and shall not
interfere with the Lessor's normal operation of the Property.

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B.
Construction Plan
At least sixty (60) days prior to initiation of any
construction by Lessee hereunder, Lessee shall submit to Lessor a detailed construction plan
(''Construction Plan") for Lessor's prior written approval. Lessee may not initiate any
construction whatever hereunder without securing such prior written approval by Lessor. The
Construction Plan shall include, at a minimum: (a) complete list of all equipment to be installed
on the Property hereunder, including weight, size and installation location; (b) an exhibit by a
professional communications engineer describing Lessee's construction, equipment and
transmission proposal and certifying that such proposed construction and operation will comply
with applicable law, including FCC and FAA rules and regulations; (c) description of procedures
to be followed for coordinating all phases of construction with Lessor (including designation of a
Lessee contact person); (d) description of procedures for minimizing disruption caused by
construction and operation to Lessor and Lessor's other lessees, tenants and invitees; (e) dates
work is expected to begin and end; (f) names and addresses of each architect, engineer and
designer engaged by Lessee to plan and carry out construction on the Property; (g) names and
addresses of each contractor proposed by Lessee to conduct the work hereunder; (h) certification
by Lessee that all of the requirements set forth in this Lease will be adhered to by Lessee and, to
the extent applicable, by any contractor or subcontractor who executes the work; and (i) copies
of all other documents and plans reasonably requested by Lessor.

Lessor shall notify Lessee of its written approval or disapproval of the Construction Plan
by no more than thirty (30) days from Lessor's receipt of the Construction Plan. If Lessor fails
for any reason to approve said plans within the 30-day time period, in the sole judgment of
Lessee, then Lessee may at its option terminate this Lease. Lessor has the right to withhold its
approval to the Construction Plan if it reasonably believes there is a possibility that the

Page 3 of 16 (excluding exhibits) of a Lease Agreement between the Baltimore City Board
of School Commissioners (Lessor) and Omnipoint Communications Cap Operations, LLC.
(Lessee), for the rental of Canton Middle School #230, property located at 801 S. Highland
Avenue, Baltimore, MD 21224.

construction and/or operation proposed by Lessee thereunder would violate the provisions of this
Lease; interfere with the enjoyment of the Property by Lessor and/or any other lessees, tenants or
invitees of the Lessor; create a hazard to health, safety or the public welfare; violate applicable
federal, state or local law; or conflict with the provisions of paragraph 16. Without limiting the
generality of the foregoing, Lessor may disapprove the Construction Plan if it reasonably
believes that operation of the Equipment is likely to result in prohibited or otherwise harmful
interference to the transmission or reception capabilities of Lessor or of its lessees, invitees, or
tenants at the Property as of the date of this Lease. Once approved, the Construction Plan will be
and is incorporated herein by reference and made a part hereof, and will be subject to all of the
terms and conditions hereof.

"

C.
Lessee's Performance of Work.
In connection with any and all work to be
performed by.Lessee in connection with the Leased Premises, Lessee agrees that: (a) all work
will be performed in accordance with the terms of the Construction Plan as approved by Lessor;
(b) the connected electrical load shall not exceed 2200 watts; (c) construction will occur at such
times and under such conditions as will avoid unreasonable disruption to the Property, Lessor or
its lessees at the property; ( d) all of Lessee's contractors and subcontractors will adhere to the
Lessor's construction and delivery rules which shall be provided to Lessee when construction
plans are approved; (e) Lessee shall promptly repair at its own expense any injury or damage to
the Property caused by Lessee, or any contractor or subcontractor engaged by Lessee, on the
Property; and (f) unless appropriate measures or alterations are taken, Lessee shall not place a
load to the Property which would individually or in combination with the property of the Lessor
and its other lessees, tenants and invitees interfere with load limitations (in the sole discretion of
Lessor) and/or which may be allowed by law. Lessor reserves the right to prescribe the weight
and position of all heavy equipment, and to prescribe the reinforcing necessary, if any, which in
the opinion of Lessor may be required under the circumstances, and any such reinforcing shall be
at Lessee's expense.
D.
Cables. Lessor also grants to Lessee nonexclusive rights of access over so much
of the Property as is specified in Attachments A and B hereto for the installation and
maintenance of wires, cables, conduits and pipes necessary for the installation, operation and
maintenance of the Leased Premises, all as set forth at Attachment B hereto.

It is expressly agreed by the parties that the Lessee does not have exclusive rights to the
Property, and that Lessor may enter additional lease agreements with third parties for the
construction and operation of additional communications facilities upon such area, and further
that Lessor may itself construct and operate such facilities upon the Property.

7.

UTILITIES:

Lessee, at its sole expense, shall arrange for its own separately metered electrical supply
from the local utility company and shall pay for all electrical and other utility charges attributed
to Lessee's use. Upgrading of utilities and installation of new utilities shall be done only with
Lessor's prior written consent and at Lessee's expense. In the event Lessee cannot secure its own
metered electrical supply from the local utility company, Lessee shall have the right, at its sole
cost and expense, to submeter from Lessor on a monthly basis for the electric consumed by
Lessee at the Leased Premises. After the meter is read by Lessor and billed to Lessee, Lessee
shall pay the Lessor for the submetered electric. Lessee shall pay when due all charges for
utilities at the Leased Premises during the Term of this Lease and any renewal thereof.

At Lessee's expense, and upon Lessor's prior written consent, Lessee may install on the
Property a back-up uninterrupted power supply (UPS) system consisting of batteries, and a diesel
generator, and a diesel fuel tank. The UPS system and fuel tank shall be maintained at Lessee's
sole cost and expense. Lessor shall have the right to reasonably designate the location of such
UPS system and fuel tank.

Page 4 of 16 (excluding exhibits) of a Lease Agreement between the Baltimore City Board
of School Commissioners (Lessor) and Omnipoint Communications Cap Operations, LLC.
(Lessee), for the rental of Canton Middle School #230, property located at 801 S. Highland
Avenue, Baltimore, MD 21224.

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8.

DISTURBANCE/INTERFERENCE:

Lessee shall not commit or suffer to be committed any waste upon the Property or any
nuisance or other act or thing which may disturb the Lessor, any other lessee or tenant of the
Lessor or their use and/or occupancy of the Property, or affect their quiet enjoyment thereof.
Without limiting the generality of the foregoing, Lessee covenants and agrees that the operation
of its facilities hereunder will fully comply with applicable FCC technical requirements and
Lessee will not intentionally or knowingly create or cause technical interference to any radio
communication or any electronic or other transmission or reception operations of Lessor or any
of Lessor's tenants, invitees or lessees existing at the Property. In the event Lessee's use of the
Property shall interfere with or obstruct the full, free and proper operations of Lessor or other of
Lessor's existing tenants, invitees or lessees, Lessee agrees to use its best efforts and cooperate
with Lessor to devise a way in which Lessee can continue its use of the Property without such
interference or obstruction. In the event of an interference which affects City Emergency
Communications Systems, Lessor shall give 24 hours notice to Lessee and Lessee shall cease
and desist operations upon receipt of notice of the problem. Lessee will take all necessary steps
to correct and eliminate the interference consistent with appropriate government rules and
regulations. If the interference affects City Emergency Communications Systems, Lessee shall
cease operation of its equipment until such interference is cured, with the exception of
intermittent testing necessary to determine a remedy for the interference.
Lessor shall require that all future radio operators desiring to use this location will first
coordinate with Lessee to insure that their frequencies and antenna locations will be compatible
with Lessee's so as to prevent harmful interference. However, in the event that, subsequent to the
date of this Lease, Lessor leases space on the Property or grants a lease to use antennas at the
Property to a person or entity other than Lessee and said tenant or lessee causes technical
interference to Lessee's use and operation of its Equipment, or in the event that Lessor at any
time causes technical interference to such use and operation by Lessee, then Lessee shall give
Lessor notice in writing of such interference and an opportunity to cure. Upon receipt of such
notice, Lessor shall immediately endeavor to eliminate the interference and/or cause any other
tenant or lessee at the Property causing the interference to eliminate same. If such interference
does not cease promptly after the notice thereof by Lessee to Lessor, then Lessee, without
liability to the Lessor, may sue to enjoin the interfering activity or declare this Lease terminated
pursuant to Section 28(c) hereof.

'>I

9.
ALTERATIONS: RELOCATION: REMOVAL: RESTORATION:
Upon completion of construction under the Construction Plan, Lessee may not make any
additional alteration, installation, improvement, structural change or other modification to the
Property, or any part thereof, without first obtaining Lessor's prior written consent, in every
instance. Each request for Lessor's consent shall be in writing and shall contain all pertinent
information. Upon Lessor's prior written consent, which may be withheld at the Lessor's
reasonable discretion, Lessee may replace all or part of the Equipment and substitute other
equipment at the Property, all at Lessee's sole expense, on or before the expiration or earlier
termination of this Lease. Notwithstanding the foregoing, Lessee shall have the right to remove
all of its Equipment from the Leased Premises prior to or upon termination of this Lease,
provided Lessee is not in default beyond any applicable cure period. Lessee shall make any
necessary repairs to the Property, minimal wear and tear excepted, caused by such removal
and/or replacement.
At the expiration or sooner termination of the Lease, Lessee shall at its cost and expense
both remove its Equipment from the Property, and restore the area affected by its Equipment to
its original condition, reasonable wear and tear excepted repairing any damage or destruction to
the Property caused by Lessee reasonable wear and tear excepted. Lessor has the right to elect to
have some or all of the Equipment remain affixed to the Property, if Lessee has not removed it
thirty (30) days after the Lease has been terminated. In such an event, Lessor will have the right
to purchase such Equipment or portion thereof at a fair market value.

Page 5 of 16 (excluding exhibits) of a Lease Agreement between the Baltimore City Board
of School Commissioners (Lessor) and Omnipoint Communications Cap Operations, LLC.
(Lessee), for the rental of Canton Middle School #230, property located at 801 S. Highland
Avenue, Baltimore, MD 21224.

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After initial installation of the Equipment, Lessor may require Lessee to relocate the
Equipment on the Property, on reasonable notice to Lessee; provided, however, that (i) no
relocation shall be required to a location which will not permit the Equipment to function
properly or which would not allow for necessary transmission paths, in Lessee's sole discretion
and (ii) if Lessor requires relocation of the Equipment due to the use by lessees of the Property,
Lessor or other tenants or lessees of the Property, as appropriate shall bear the reasonable cost of
such relocation.

10.

GRAFFITI:

Lessee shall at all times keep and maintain the Leased Premises and the Lessee's
Equipment free of all graffiti located thereon. Lessor shall notify Lessee in writing if graffiti is
located on the Leased Premises or Lessee's Equipment. Thirty (30) days after notice in writing
is received by the Lessee, Lessor shall have the right to abate any graffiti present at the Leased
Premises and Lessee shall reimburse Lessor all costs directly attributable to abatement of
Lessee's Equipment which are incurred by Lessor in connection with such abatement within
thirty (30) days of Lessor's presenting Lessee with a statement of such costs.

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11.

MAINTENANCE:

Lessee shall, at its own expense, maintain the Leased Premises, Lessee's Equipment, and
other personal property on the Leased Premises in good working order, condition and repair.
Lessee shall keep the Leased Premises free of debris and anything of a dangerous, noxious or
offensive nature or which would create a hazard or undue vibration, heat, noise or interference.
12.

PERMITS:

A.
This Lease is contingent upon Lessee's obtaining all necessary governmental
approvals, permits or licenses that Lessee may deem necessary. Lessee shall pay, as they
become due and payable, all fees, charges, taxes and expenses required for licenses and/or
permits required for or occasioned by Lessee's use of the Leased Premises.

B.

Lessee shall apply for, at its sole cost and expense, and obtain all federal, state,
county and other permits and governmental authorizations required in order to construct, operate,
or otherwise implement its use of the Leased Premises, including but not limited to, any variance
or special exception required under the Baltimore City Zoning Regulations. Lessee shall provide
Lessor with copies of all permits and governmental authorizations, and no installations or other
work will be performed by Lessee until such permits are submitted to Lessor. Notwithstanding
the foregoing, if Lessee is unable to obtain any required permits, approvals or authorizations as
required in this paragraph, the Lessee, shall have the right, without obligation, to terminate this
Lease immediately and render it null and void from the date of termination.

13.

OWNERSHIP OF EQUIPMENT:

Unless Lessor elects to purchase some or all of the Equipment pursuant to Section 9
hereof, the Equipment shall remain the property of Lessee or its contractor and shall not be
considered to be a fixture of the Property.

14.
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FEASIBILITY & APPROVALS:

Prior to the Commencement Date of this Lease, Lessee shall have foll access to the
Leased Premises with prior notice to Lessor for the purposes of undertaking any necessary tests,

Page 6 of 16 (excluding exhibits) of a Lease Agreement between the Baltimore City Board
of School Commissioners (Lessor) and Omnipoint Communications Cap Operations, LLC.
(Lessee), for the rental of Canton Middle School #230, property located at 801 S. Highland
Avenue, Baltimore, MD 21224.

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studies, and inspections relating to Lessee's proposed use of the Leased Premises and at such
times as Lessor and Lessee mutually agree. In the event Lessee is unable to utilize the Leased
Premises for the purpose stated herein, and terminates this Lease pursuant to provisions herein,
Lessee agrees that it shall restore the Leased Premises and such other portions of the Property
that have been damaged, modified or altered by or on behalf of Lessee as nearly as possible to

their original condition.


Prior to beginning any operation of the Leased Premises, Lessee shall secure all
necessary leases, permits and other approvals, including but not limited to FCC and zoning and
building permits and/or authorizations, required for Lessee's use of the Property and operation of
the Equipment hereunder (all such approvals hereinafter referred to as "Approvals").
Upon request, Lessor agrees to cooperate with Lessee, in obtaining such Approvals;
however, Lessee shall bear all costs and expenses associated with any such efforts undertaken by
either Lessee or Lessor, including providing reasonable compensation to Lessor for Lessor's time
and efforts in providing such cooperation. It is expressly agreed that Lessor's obligation to
provide reasonable cooperation in securing the Approvals does not include any obligation, as a
regulatory authority, to issue any zoning or any other local Approval. Lessee shall take all
necessary steps to maintain all Approvals in full force and effect, including complying in all
material respects with the terms and conditions of the Approvals; complying with applicable law
and regulations governing Lessee's conduct under this Lease; effectuating proper and timely
filing of all reports and other documents with the relevant governmental authorities pertinent to
the Approvals; and timely seeking all necessary renewals, extensions and/or other reauthorizations of the Approvals. In the event any such application is finally rejected or Lessee, in
its reasonable discretion, believes such application approval will be too costly, time consuming
or there is a reasonable likelihood that said application will be rejected or any certificate, permit,
license or approval issued to Lessee is canceled, expires or lapses, or is otherwise withdrawn or
terminated by governmental authority, or soil boring tests or radio frequency tests are found to be
unsatisfactory so that Lessee, in its sole discretion, will be unable to use the Leased Property for
its specified purposes, Lessee shall have the right to terminate this Lease.
'1

Upon installation of the Equipment, Lessee shall provide Lessor with such evidence as
Lessor may reasonably require of compliance with laws, including (if appropriate), regulations
of the FCC and FAA.
15.

USE OF COMMON AREA:

The use and occupation by the Lessee of the Property shall include the use in common
with others entitled thereto of the Property's access areas and areas adjacent to the Leased
Premises. All portions of the common areas which Lessee may be permitted to use and occupy
are used and occupied subject to the terms and conditions ofthis Lease and to the rules and
regulations for the use thereof as may be prescribed from time to time by the Lessor.
16.

QUIET ENJOYMENT:

Upon payment by the Lessee of the Lease Fee and additional fees or money as provided
for in this Lease, and upon the observance and performance of all the covenants, terms and
conditions on Lessee's part to be observed and performed, Lessee shall peaceably and quietly
operate the Leased Premises for the term of this Lease without hindrance or interruption by
Lessor or any other person or persons lawfully or equitably claiming by, through or under the
Lessor, subject, nevertheless, to the terms and conditions of this Lease.
17.

LESSEE SHALL DISCHARGE ALL LIENS:

Page 7 of 16 (excluding exhibits) of a Lease Agreement between the Baltimore City Board
of School Commissioners (Lessor) and Omnipoint Communications Cap Operations, LLC.
(Lessee), for the rental of Canton Middle School #230, property located at 801 S. Highland
Avenue, Baltimore, MD 21224.

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Lessee shall promptly pay all contractors and materialmen, so as to minimize the
possibility of a lien attaching to the Property, Equipment or Leased Premises. Should any such
lien be made or filed, Lessee shall cause the same to be discharged and released of record by
bond or otherwise within thirty (30) days after written request by Lessor.
18.

AESTHETICS:

Lessee shall not place or paint any sign, decoration, lettering or advertising matter on the
inside or outside of any part of the Property or at the Leased Premises except as approved by
Lessor or as required by applicable law. The Leased Premises shall be painted to conform to the
Property; shall otherwise not unnecessarily, in the reasonable judgment of Lessor, detract from
the aesthetic value of the Property; and shall be in full compliance with applicable zoning
requirements.

\)

19.

HAZARDOUS SUBSTANCES:

Lessee shall not cause or permit any Hazardous Substance as herein defined to be used,
stored, generated or disposed of, or brought onto Property or the Leased Premises by Lessee or .
Lessee's agents, employees, contractors or invitees. If the Property becomes contaminated in any
manner, due to hazardous substances brought onto Leased Premises by Lessee, Lessee shall
indemnify and hold harmless the Lessor from any and all claims, damages, fines, judgments,
penalties, costs, liabilities or losses (including, without limitation, a decrease in value of the
Property), damages due to loss or restriction oflease fees or usable space, or any damage due to
having an adverse impact on the marketing of the Property, and any and all sums paid for
settlement of claims, reasonable attorneys' fees, consultant and expert fees arising as a result of
Lessee's bringing hazardous substances onto the Leased Premises. Lessee shall in no event be
liable for any person's lost profits or consequential, special or incidental damages hereunder.
This indemnification includes, without limitation, any and all costs incurred due to any
investigation of the site or any cleanup, removal or restoration mandated by a federal, state or
local agency or political subdivision. Without limitation of the foregoing, if Lessee brings any
Hazardous Substance onto the Leased Premises as herein defined on the Property and which
results in contamination, Lessee shall promptly, at its sole expense, take any and all necessary
actions to return the Property to as nearly as possible to the condition existing prior to the
presence of any such Hazardous Substance on the Property. Lessee shall first obtain written
Lessor's approval for any such remedial action. As used herein, "Hazardous Substance" means
any substance which is toxic, ignitable, reactive, or corrosive and which is regulated by
Baltimore City, the State of Maryland, or the United States government. "Hazardous Substance"
includes any and all materials or substances which are defined as "hazardous waste", "extremely
hazardous waste" or a "hazardous substance" pursuant to state, federal or local governmental
law. "Hazardous Substance" includes but is not restricted to asbestos, polych1orobiphenyls and
petroleum.

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Lessor shall indemnify and hold harmless Lessee from any and all claims, damages,
losses, liabilities, and expenses, including attorneys' fees, arising from the presence of any
hazardous substances being or having been on or under the Leased Premises at any time prior to
the date hereof. During the Tenn of any renewals of this Lease, the parties shall notify each other
if either of them become aware of the presence of any hazardous substance on or under the
Parcel in quantities and manner that subject it to regulation.
Pursuant to OSHA Hazard Communication Standard, Title 29 C.F.R.1910.1200, Lessor
attaches hereto all Material Safety Data Sheets (MSDS) ,for any hazardous substances in any
area of the Leased Premises where employees or contractors of Lessee's will need to work.
MSDS will be supplied to Lessee for any other hazardous substances introduced into such areas
Page 8 of 16 (excluding exhibits) of a Lease Agreement between the Baltimore City Board
of School Commissioners (Lessor) and Omnipoint Communications Cap Operations, LLC.
(Lessee), for the rental of Canton Middle School #230, property located at 801 S. Highland
Avenue, Baltimore, MD 21224.

during the Term of this Lease. In the event Lessee determines the Leased Premises, or the
property on which the Leased Premises is located, may have an affect. on the environment under
47 C.F.R. 1.1307 or through the presence of any hazardous substances, Lessee reserves the
right to terminate and/or void this Lease without any further liability or penalty.

20.

INDEMNIFICATION

AND INSURANCE:

A.
Lessee shall indemnify, defend and hold harmless Lessor, its elected/appointed
officials, employees, and agents ("Indemnities") from and against any and all expenses, liens,
claims, demands, suits, actions and liabilities, including attorneys fees and court costs,
("Indemnified Liabilities") based on or arising, directly or indirectly, from Lessee's use of the
Leased Premises, excepting however, such claims or damages as may be attributable in whole or
in part to the acts or omissions of the Lessor, its agents, servants or contractors, or any other
lessees or tenants.

lo

B.
Lessee, at its sole cost and expense, shall maintain: (a) commercial general
liability insurance including contractual liability coverage, premises and operations coverage,
and property damage coverage, (b) all-risk property insurance, (c) worker's compensation
insurance, ( d) employer's liability insurance, and ( e) during any period of construction, including
any alterations and restorations, builder's risk insurance written in the customary form then in
effect. The commercial general liability insurance shall be in an amount of no less than One
Million Dollars ($1,000,000.00) combined single limit. The coverage shall be primary and
noncontributory with respect to insurance maintained by Lessor, if any. The all risk property
insurance shall be in an amount not less than that required to replace all improvements and
alterations, and all furnishings, fixtures and equipment placed by Lessee to the Property. The
worker's compensation insurance shall carry minimum limits as required by the laws of the State
of Maryland (as the same may be amended from time to time).

C
Lessee also shall maintain excess/umbrella coverage of at least Two Million
Dollars ($2,000,000.00).

D.
Lessee shall name Lessor as an additional insured under all said policies as
respects to liability arising out of activities to be performed by the Lessee, its agents,
representatives and employees in connection with this Lease. A certificate of insurance
evidencing that such policies have been secured shall be delivered to Lessor within thirty (30)
days from the execution of this Lease. All insurance policies provided for hereunder shall be
secured only from an insurance company with a minimum policy holder and financial rating of
"A-VII" or better in the then-current fee edition of Best's Insurance Guide.

E.
To the extent reasonably obtainable, the cancellation
insurance secured hereunder shall specifically state that in the event
cancellation of the coverage provided, thirty (30) days prior written
Lessor. Lessee shall deliver the evidence of such insurance required
the first day of the Initial Term and annually thereafter.

clause of the certificates of


of non-renewal of policies or
notice will be furnished to
above to Lessor on or before

F.
If either party hereto is paid any proceeds under any policy of property insurance
naming such party as an insured, on account of any loss or damage, then such party hereby
releases the other party hereto, to and only to the extent of the amount of such proceeds, from
any and all liability for such loss or damage, notwithstanding that such loss, damage or liability
may arise out of the negligent or intentionally tortious act or omission of the other party, its
agents or employees; provided, that such release shall be effective only as to a loss or damage
occurring while the appropriate policy of property insurance of the releasing party provides that
such release shall not impair the effectiveness of such policy or the insured's ability to recover
thereunder. Each party hereto shall use reasonable efforts to have a clause to such effect included
in its said policies, and shall promptly notify the other in writing if such clause cannot be

Page 9 of 16 (excluding exhibits) of a Lease Agreement between the Baltimore City Board
of School Commissioners (Lessor) and Omnipoint Communications Cap Operations, LLC.
(Lessee), for the rental of Canton Middle School #230, property located at 801 S. Highland
Avenue, Baltimore, MD 21224.

-~~-------------

-~---

..

--------

--------

included in any such policy. To the extent that insurance policies containing Waiver of
Subrogation are available, but not secured by either party, Lessor and Lessee hereby indemnify
and hold harmless each other from any subrogated claims made by their respective insurers
resulting from their failure to secure a Waiver of Subrogation.

'o

G.
If, at any time, Lessor's insurance premiums or self-insurance reserves increase as
a result of the Lessee's presence at the Leased Premises, Lessee agrees to and shall pay the
amount of said increase, as an additional Lease Fee, within fifteen (15) days after Lessor's
written invoice therefor. A letter from Lessor's insurer or Risk Management Office (in the case of
increased self-insurance reserves) that the increase is a result of the Leased Premises shall be
conclusive proof thereof.
21.

AUTHORITY:

Lessee represents and warrants that it is duly organized, validly existing and in good
standing in the state of its incorporation. Lessee and Lessor each represent and warrant that they
have all right, power and authority to make this Lease and bind itself thereto through the party
set forth as signatory below.

22.

ACCESS:

The Lessor agrees to permit the Lessee and its contractors reasonable access during
normal working hours (unless otherwise consented to by the Lessor) to the Property to facilitate
the installation, operation and maintenance of the Leased Premises and the removal thereof, but
only under Lessor's supervision and subject to reasonable prior notice to the Lessor. In case of
emergencies which occur after nonual business hours, the Lessee shall have access to phone
numbers in order to gain immediate access to the property. If access is required after normal
operating hours, Lessee shall reimburse Lessor one hundred dollars ($100.00) for building
access. If Lessee is an out-of-state Corporation, Lessee shall provide Lessor with the name and
telephone number of its local agent who can be reached on an emergency basis.
Lessee shall have full and free access 24 hours a day, seven days a week to any of its
equipment not located within the building or on top of the building.

Lessor, accompanied by a representative of Lessee, shall be permitted access to the site of


the Leased Premises at all times.

23.

MAINTENANCE:

Lessee shall perform all repairs necessary to keep Equipment and Leased Premises in
safe and good condition, reasonable wear and tear and damage from the elements excepted, and
in full compliance with all applicable laws and regulations. Lessor must give Lessee written
notice specifying any necessary repairs caused by Lessee's use or equipment. If Lessee fails to
make such repairs within a reasonable time after any damage occurs, Lessor shall have the right
to make all necessary and reasonable repairs, and Lessee shall reimburse Lessor for its expense
within fifteen ( 15) days, of Lessor presenting to Lessee a statement showing the cost of such
repairs. Lessor's repair of the Equipment and Leased Premises shall not relieve Lessee of its
obligations under this Section 23.
Lessor shall maintain and repair the Property (but only to the extent failure to do so
adversely affects the Leased Premises) so that it is in good and tenantable condition and repair,
reasonable wear and tear and damage from the elements or casualty excepted. No work shall be
done in or around the Property by Lessor which would adversely affect Lessee without prior

Page 10 of 16 (excluding exhibits) of a Lease Agreement between the Baltimore City Board
of School Commissioners (Lessor) and Omnipoint Communications Cap Operations, LLC.
(Lessee), for the rental of Canton Middle School #230, property located at 801 S. Highland
Avenue, Baltimore, MD 21224.

--------------,-------.----

notification to Lessee.
24.

LESSOR'S OPTION NOT TO REPAIR:

In case of damage by fire or other casualty to any part of the Property, Lessor may, in its
sole and absolute discretion, determine that the damage is so extensive that it may, at its option,
choose not to repair or rebuild the Property. In that event, this Lease shall be terminated upon
thirty (30) days written notice by either party. The Lease Fee shall be paid to or adjusted as of the
date of the casualty. Lessee shall thereupon vacate the Property and surrender the same to
Lessor, subject to the provisions of Paragraph 29 hereof.
25.

"

LESSOR'S LIABILITY:

Lessor shall not be liable for any damage to the property of Lessee or any
property/personal injury of and to Lessee's agents, representatives or employees nor for the loss
of any property of Lessee due to theft or otherwise, nor shall Lessor be liable for any injury or
damage to Lessee resulting from fire, explosion, gas, electricity, lighting, water, rain, snow,
dampness or any other cause of whatever nature, unless caused by the negligence or willful act
of Lessor, its agents, employees or representatives.
26.

SUBORDINATION AND ATTORNMENT:

This Lease is subject and subordinate to all ground or underlying leases or leases and to
all mortgages which may now or hereafter affect the Property, and to all renewals, modifications,
consolidations, replacements and extensions thereof. Every such mortgage shall recognize the
validity of this Lease in the event of a foreclosure of Lessor's interest and also Lessee's right, to
remain in occupancy of and have access to the Leased Property as long as Lessee is not in default
of this Lease. This section shall be self-operative and no mortgage shall need any further
instrument of subordination or attornment to effectuate it. In confirmation of such subordination
or attomrnent, Lessee shall execute promptly any certificate that Lessor may request. Lessor
agrees, upon request of Lessee, to obtain and furnish to Lessee a non-disturbance and attornment
agreement for each such mortgage or deed of trust, in a form reasonably acceptable to Lessee.
27.

ASSIGNMENT AND SUBLEASE:

Lessee shall not assign, transfer, mortgage or encumber this Lease, nor sublease the
Leased Premises ( or its rights hereunder) , or any part thereof, without the prior written consent
of Lessor in its sole and absolute discretion in each instance except to a subsidiary, partner or
affiliate of Lessee, or to a successor to the primary business offered by Lessee. Any required
FCC or other required consent shall be secured prior to any such assignment. The consent by
Lessor to any assignment or sublicensing shall not constitute a waiver of the necessity for such
consent to any subsequent assignment or sublicensing. If this Lease is assigned or subleased,
assignee or sublessee will be bound to the terms and covenants set herein.
Notwithstanding anything to the contrary contained in this Lease, Lessee may assign,
mortgage, pledge, hypothecate or otherwise transfer without consent its interest in Lessee's
Equipment or in this Lease to any financing entity, or agent on behalf of any financing entity to
whom Lessee (1) has obligations for borrowed money or in respect of guaranties thereof, (2) has
obligations evidenced by bonds, debentures, notes or similar instruments, or (3) has obligations
under or with respect to letters of credit, bankers acceptances and similar facilities or in respect
of guaranties thereof.

\l

Page 11 of 16 (excluding exhibits) of a Lease Agreement between the Baltimore City Board
of School Commissioners (Lessor) and Omnipoint Communications Cap Operations, LLC.
(Lessee), for the rental of Canton Middle School #230, property located at 801 S. Highland
Avenue, Baltimore, MD 21224.

-------------------"'

28.

TERMINATION:
This Lease may be terminated as follows:

A.
Subject to the Provisions of Paragraph 9, by either party, upon default of any
term, condition or covenant, which default is not cured within thirty (30) days ( or such longer
period as may reasonably be required to correct such failure or neglect with exercise of due
diligence) of the receipt of written notice of default by the defaulting party, provided that the
cure period for any monetary default is fifteen ( 15) days from date of receipt of notice. During
the continuance of any default after such notice and cure period, the non-defaulting party may
terminate this Lease by giving 30 days written notice oftennination to the defaulting party, and
the non-defaulting party may exercise any other remedies it may have under this Lease or at law;

B.
Pursuant to Section 9, by Lessor without further liability, if the Property is
condemned under the terms and conditions described at Section 29 hereof;

C.
By Lessee, without further liability, upon thirty (30) days' prior written notice, if
the Leased Premises or Equipment are destroyed or damaged and rendered unsuitable for normal
use and cannot reasonably be repaired within sixty (60) days or if Lessee determines that any of
the Equipment cannot be used without receiving unacceptable interference from other property
or equipment adjacent to or in the area of the Property and the problem cannot reasonably be
corrected by Lessee within thirty (30) days.

D.
If, after the commencement of this Lease, Lessee is unable to provide or continue
to provide service from the Leased Property due to the action of the FCC or by reason of any
law, physical calamity, governmental prohibition or other reasons beyond Lessee's control so
that Lessee, in its sole discretion, will be unable to carry out the purposes of its insta11ation on the
subject premises, this Lease may be canceled by Lessee upon thirty (30) days written notice.
E.
By Lessee, without further liability, upon thirty (30) days' prior written notice if
Lessee determines, based on technological or other developments, that it will be unable to utilize
the Leased Premises for their intended purposes.

At the termination of this Lease, Lessee shall remove the Equipment from the Property as
provided at Paragraph 9 hereof.

29.

CONDEMNATION:

If a condemning authority other than Lessor takes all of the Property, or a portion
sufficient to render the Property unsuitable for Lessee's use, this Lease shall terminate as of the
date the title vests in the condemning authority. Sale of all or part of the Property to a purchaser
with the power of eminent domain in the face of the exercise of such power shall be deemed a
taking by condemnation, In such an event, Lessee shall have no right to receive or share in any
condemnation proceeds, except that Lessee shall have the right to claim and recover from the
condemning authority, but not from Lessor, such compensation as may be separately awarded or
recoverable by Lessee on account of any and all damage to Lessee's business and any costs or
expenses incurred by Lessee in moving/removing its equipment, personal property, and
leasehold improvements.
In the event of a partial taking and Lessee elects to continue the Lease in force, Lessor
shall reduce the rental on the Property by an amount proportionate to the part of the Property
taken by eminent domain or other such legal action.

Page 12 of 16 (excluding exhibits) of a Lease Agreement between the Baltimore City Board
of School Commissioners (Lessor) and Omnipoint Communications Cap Operations, LLC.
(Lessee), for the rental of Canton Middle School #230, property located at 801 S. Highland
Avenue, Baltimore, MD 21224.

------~--~
-~-~-----------

30.

NOTICES AND OTHER SUBMISSIONS:

Every notice given in connection with this Lease must be in writing. Delivery of any
notice, or any payment required by the Lease, shall be given by hand delivery, overnight delivery
service, or certified or registered mail. It shall be deemed to have been given when received by
the recipient. Such notice or payment shall be given to the parties hereto at the following
addresses:
LESSOR:

Baltimore City Board of School Commissiorers


200 E. North Avenue
Baltimore, MD 21202

With Copies to:

Legal Department
200 E. North Avenue, Room 208
Baltimore, MD 21202

.,,

Office of the Chief Operating Officer


200 E. North Avenue, Room 409
Baltimore, MD 21202
Materials Management and Logistics
200 E. North Avenue, Room 401
Baltimore, MD 21202
LESSEE:

Omnipoint Communications Cap Operations, LLC


12920 S.E. 3gth Street
Bellevue, WA 98006
Attn: Legal Dept.

With copies to:

Omnipoint Communications Cap Operations, LLC


4 Sylvan Way
Parsippany, NJ 07054
Attn: Property Manager
Omnipoint Communications, Inc.
360 Newark-Pompton Turnpike
Wayne, NJ 07470
Attn: Property Manager

or such other place as the parties shall designate from time to time in writing.
31.

SURRENDER OF PROPERTY:

Lessee shall, upon termination of the Initial Term or any Renewal Period, or any earlier
termination of this Lease for any cause, remove the Equipment as provided at Paragraph 10
hereof, surrender all keys for the Property to Lessor at the place then fixed for the payment of the
Lease Fee, inform Lessor of all combinations on locks, safes, and vaults, if any, on the Property,
and quit and surrender to Lessor the Property, as prescribed in Section 9 hereof.
32.

\1

RULES AND REGULATIONS:

Lessee agrees to comply with all reasonable rules and regulations Lessor may issue
applicable to the Leased Premises and Property. Lessee's failure to comply with the rules and
regulations shall constitute a breach of the terms of this Lease as if the same were contained
herein as covenants. Lessor reserves the right from time to time to amend or supplement said
rules and regulations applicable to the Leased Premises and Property. Thirty (30) days prior
Page 13 of 16 (excluding exhibits) of a Lease Agreement between the Baltimore City Board
of School Commissioners (Lessor) and Omnipoint Communications Cap Operations, LLC.
(Lessee), for the rental of Canton Middle School #230, property located at 801 S. Highland
Avenue, Baltimore, MD 21224.

-------

-------------------

..

------------ ------- . -- --- -- --

. _ - --

written notice of such additional rules and regulations, amendments, and supplements, if any,
shall be provided to Lessee by Lessor.
33.

HEADINGS:

All headings contained in this Lease are intended for convenience of reference only and
in no way define, limit, construe, or describe the scope or content of the sections or articles of
this Lease nor in any way affect this Lease.
34.

WANER:

A waiver by either party of any provision of this Lease shall not be deemed to be a
waiver of any other provision of this Lease.
35.

HEIRS AND ASSIGNS:

All rights and liabilities in this Lease granted to or imposed upon the respective parties
shall extend to and bind their respective successors and assigns. If there is more than one person
signing as Lessee, or more than one Lessee, they shall all be bound jointly and severally by the
terms, covenants and agreements of this Lease. No rights, however, shall inure to the benefit of
any assignee or transferee of Lessee unless the assignment or transfer to such assignee or
transferee has been approved by Lessor in writing pursuant to Section 27 hereof, if applicable.

36.

llJ

ENTIRE AGREEMENT IAMENDMENT:

Lease, as it may be supplemented or amended (including by the Construction Plan, as


approved by Lessor, and by any rules and regulations promulgated by Lessor pursuant to Section
32 hereof), contains all of the covenants, promises, agreements, conditions, and understandings
between Lessor and Lessee regarding the Property. This Lease may not be amended or
supplemented in any way except by written amendment signed by both parties and approved by
the Baltimore City Board of School Commissioners.

37.

PARTIAL INVALIDITY:

If any term, covenant or condition of this Lease or the application thereof to any person
or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Lease
Agreement, or the application of such term, covenant or condition to persons or circumstances
other than those as to which it is held invalid or unenforceable, shall not be affected thereby and
each term, covenant or condition of this Lease shall be valid and enforced to the fullest extent
permitted by law.
38.

DISCLOSURE:

No member, official or employee of the Lessor shall have any personal interest, direct or
indirect, in this Lease, nor shall any such member, official or employee participate in any
decision relating to this Lease which affects his or her personal interest or the interest of any
corporation, partnership, or association in which he or she is, directly or indirectly, interested,
except such as is specifically permitted by law.

Page 14 of 16 (excluding exhibits) of a Lease Agreement between the Baltimore City Board
of School Commissioners (Lessor) and Omnipoint Communications Cap Operations, LLC.
(Lessee), for the rental of Canton Middle School #230, property located at 801 S. Highland
Avenue, Baltimore, MD 21224.

~------------------

39.

------*- - .-,

-~~--~

LESSEE DEFINED. USE OF PRONOUN:

"Lessee" in this Lease means each and every person or party mentioned as a Lessee. If
there is more than one Lessee, any notice required or permitted by the terms of this Lease may be
given by or to anyone thereof. The use of the neuter singular pronoun to refer to Lessor and
Lessee shall be deemed a proper reference even though Lessor and Lessee may be an individual,
a partnership, a corporation, or a group of two or more individuals, or entities. The necessary
grammatical changes required to make the provisions of this Lease apply in the plural sense
where there is more than one Lessor and Lessee and to either corporations, associations,
partnerships, or individuals, males or females, shall in all instances be assumed as though in each
case fully expressed.

',)

40.

APPLICABLE LAW:

The parties agree that the law of the State of Maryland, without giving effect to the law
governing conflicts of laws, shall be applied in the interpretation of this Lease and the rights of
the parties hereunder.

41.

CONSENT:

No consent or approval required to be obtained or given under this Lease shall be


unreasonably withheld, conditioned, or delayed.

42.

MEMORANDUM:
Lessee may record a memorandum of this Lease at Lessee's expense.

43.

COUNTERPARTS:

This Lease maybe executed in one or more counterparts, each of which shall be deemed
an original and all of which, taken together, shall constitute one and the same instrument.
44.

INTERPRETATION:

The Lease shall not be construed or interpreted for or against any party hereto because
the party drafted or caused that party's legal representative to draft any of its provisions.
45.

WAIVER OF LESSOR'S LIEN.

Lessor hereby waives any and all lien rights it may have, statutory or otherwise,
concerning the Equipment or any portion thereof, which shall be deemed personal property for
the purposes of this Lease, whether or not the same is deemed real or personal property under
applicable laws, and Lessor gives Lessee the right to remove all or any portion of the same from
time to time, provided Lessee is not in default beyond any applicable cure period, in Lessee's
sole discretion and without Lessor's consent.

Page 15 of 16 (excluding exhibits) of a Lease Agreement between the Baltimore City Board
of School Commissioners (Lessor) and Omnipoint Communications Cap Operations, LLC.
(Lessee), for the rental of Canton Middle School #230, property located at 801 S. Highland
Avenue, Baltimore, MD 21224_

------

---~-

- ------- --

IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the day
and year first above written.

BALTIMORE CITY BOARD OF SCHOOL


CO:MMISSIONERS

ATTEST:

~~)-.fl~

~J~

Bonnie S. Copeland, Ph.D., Secretary

OMNIPOINT COMMUNICATIONS CAP


OPERATIONS, LLC

ATTEST:

"'

AFFIDAVITS:
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
THIS

--3.tk_

DAY OF

$~vb l

A~

LlLDVll-t"l,tk?ft

2005

17.JiN\
=rr:

APPROVED BY BOARD OF SCHOOL COMMISSIONERS


THIS ,g_ptl,-DA Y OF

..J~

2005

Page 16 of 16 (excluding exhibits) of a Lease Agreement between the Baltimore City Board
of School Commissioners (Lessor) and Omnipoint Communications Cap Operations, LLC.
(Lessee), for the rental of Canton Middle School #230, property located at 801 S. Highland
Avenue, Baltimore, MD 21224.
!\)

. Attachment A

"fij~fiO~~-~:bj@ti:i~,::",'.&,t/ , -_-. APX16PV-16PVL-A


]Optimizer Pan~I Dual Polarized Antenna

_ _]

\)

I Product Description

Gathering two X-Polarised antennas in a sigle


radome this pair of variable tilt antenna provides
exceptional suppression of all upper sidelobes at all
downtiit angles. It also features a wide downtilt
range with optional remote tilt.

Features/Benefits

,g,
;,;
E
0
Q

Variable electrical downtilt - provides enhanced precision in controlling intercell


interference. The tilt is infield adjustable 0-10 deg.
High Suppression of all Upper Sidelobes (Typically <-20dB).

"'E Optional remote tilt - can be retrofitted.

-.;:;

"

c:
.9

.;

Two X-Polarised panels in a single radome .

""c:
8

Dual polarization.

tl

Low profile for low visual impact.

E:,
Ii>
.!2

.,

.;

Broadband design.

Technical Features

"'

Frequency Band

El

't:l

PCS 1900 (1850-1990 MHz)

"'"'., Horizontal Pattern


~
a.

"'
.5

"'<IJ
'II

a"'

Directional

Antenna Type

Panel Dual Polarized

Electrical Down Tilt Option

Variable

17.8 (15.8), 17.8 (15.8)

Gain, dBi (dBd)

8 Frequency Range, MHz


c:
.!2
m

1850-1990 , 1850-1990

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.s
=
d'

RFS The Clear Choice

Print Date: 12.05.2005

APX16PV-16PVL-A

n.1

RBS 2106
Unit

Width

mm

Depth
inch

Cabinet

1300

51 1/5

Installation frame
TOT AL (including
Installation frame)
~~

1300

51 1/5

mm

Height

mm

inch

710
710

28
28

1614
110
1724

-------~-----

Fully Equipped
Cabinet
Batteries (4 batteries of 17 .5

inch

63 112
4 1/3
67 8/9

. -

lb

550

1210

70

154

620

1367

kg
TOT AL (including
. , Installation frame

)/.--

Attachment B

The Property and its address are the following: Canton Middle School (School No. 230),

located at 801 S. Highland Avenue, Baltimore, Maryland, 21224.

"

I,

Attachment C
The location of the Premises within the Property (together with access and utilities)
Is more particularly described and depicted as follows (E91I equipment to be installed in the future -- not depicted):

94'-9

Ol.1NIPOINT SECTOR c
FLUSH MOUNTED TO
PARAPET WALL - 52' AGL
RAD CENTER

AGL

TOP OF COPULA---------~
75'-8" AGL
TOP OF CHIMNEY----~

49'-6" AGL
ROOF LEVEL-

OtJNIPOINT SECTOR
"A" FLUSH MOUNTED
TO PMAPET W/>il
52' AGL RADCENTER

70B1'0~:~

~J

lI

lJJJJ J lww_~JLwwwwi~mm~l ~mm~_H UI JU I


FRONT /WEST ELEVATION
SCALE, 1/46";1'-0"

~
-H

11

'i:,

ii

~J~

OMNIPOINT SECTOR "A"


FLUSH MOUNTED TO
PARAPET WALL - 52' AGL
RAD CENTER

~
~

2
::I
0

OMNIPOINT SECTOR "8"


FLUSH MOUNTED TO
PARAPET WALL - 52' AGL
RAD CENTER

m rnmm rn

rn mrnrn
11

111
LJ_L

1 1
1 1
11
11
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--

AGL

_J-=cc-~=-70.61' AMSL

SIDE/WEST ELEVATION
SCALI: 1/48""'1'-0"

OMNIPOINT COMMUNICATIONS
CAP OPERATIONS,
LLC

BAGD7BA
CANTON
MIDDLE
SCHOOL
BO 1 S. HIGHLAND
AVE.
BALTIMORE,
MD 21224-5131

~
12000.pJtJ1tf~t,_~LI~!E~J~i'1~':-a~H?o1os

SIZE

A
DATE:

SUPPORT

::1? EN"''"'""'"'NG
03/23/04

REV

DWG NO.
TMO

l 63-D4_LE.DWG
SHEET

LE-2

Attachment C
The location of the Premises within the Property (together with access and utilities)
is more particularly described and depicted as follows (E911 equipment to be installed in the future -- not depicted):

Hr
\;

f\

Ij ,

LOWER ROOF
l.ML
(31' AGL}

PROPOSED OMNIPotlT
SECTOR "El" iHJENNAS
(100" AZIMUTli)

-~"'

EXISTING
COPUIA

EXISTING 5'
PARAPET WALL

-:--- -PROPOSED
Ol.INIPOINT
SECTOR
ANTENNAS
(O" AZIMUTH)

111

~ .-.

fl8,

I (~OF
[
Li___
N:-CESS

~rnsnNG
VEITT (TYP)
~

.J

EXISTING BUILDING
COLUMN (TYP)
(BEL.OW ROOF}
PROPOSED OMNIPOINr
to'X20' PLATFORM W/
EQUIPIIDIT

21'

SLOPED ROOF

-,
~

PROPOSED OMNJPOINr
CABLE lRAY ON
SLEEPERS Ori ROOF"
(iYP)

r,
L.J

r,

L.J

EXISTING
Ct-lMNEY

ROOF LEVEL
(49'-6' AGL}

~'"511HG

SATEUIE
DISH (lYP)

~
~
PROPOSED OMNIPOINi
SECTOR "C" ANlENNAS
(270' AZIMUTH)

V
HlGHLAND Av'f..

~
NOTE!
E9 l l EQUIPMENT
BE INSTALLED
IN THE
FUTURE
- NOT
DEPICTED

TO

J!Ml,i (

ROOFTOP PLAN
KEY

SCALE: 1/i 6"=1'-o"

OMNIPOINT COMMUNICATIONS
CAP OPERATIONS,
LLC

PLAN

.f!\il~

BAC07BA
CANTON
BO 1 5.

MIDDLE
SCHOOL
HIGHLAND
AVE.
BALTIMORE,
MD 21224-5131

~
120SO/:Wofr:tar~~~~~~~o21J705

SIZE

A
DATE:

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A~

SUPPORT
E:NGINEERJN<>

03/23/04

REV

DWG NO.

TMD 1 63-D4_LE,DWG
SHEET

LE~ 1

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Attachment D

COMMENCEMENT

DATE

The Lessor and the Lessee agree that the Commencement Date of the Lease dated
November __ , 2005 by and between the BALTIMORE CITY BOARD OF SCHOOL
COMMISSIONERS and Omnipoint Communications Cap Operations LP shall be
~~~~~~~~~~~~~'200~.

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LESSOR:

LESSEE:

BALTIMORE CITY BOARD OF


SCHOOL COMMISSIONERS

OMNIPOINT COMMUNICATIONS
OPERATIONS LP

By: ~~~~~~~~~~~~
Print Name: ~~~~~~~~~
Title: ~~~~~~~~~~~Date: ~~~~~~~~~~~-

By: ~~~~~~~~~~~Print Name: ~~~~~~~~~


Title: ~~~~~~~~~~Date: ~~~~~~~~~~-

CAP