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COMMUNICATIONS
LEASE AGREEMENT
BETWEEN BAL TIM ORE CITY BOARD
OF SCHOOL COMJVOSSIONERS AND
OMNIPOINT COlVIMUNICATIONS CAP OPERATIONS, LLC

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This Communications Lease Agreement ("Lease"), made

day of
JUNE , 2003,
by and between THE BALTWORE CITY BOARD OF SCHOOL COMMISSIONERS
("Lessor"), and OMNIPOINT CO:M11UNICATIONSCAP OPERATIONS, LLC ("Lessee").
WITNESSTH:

WHEREAS, Lessor owns certain real property, known as Hamilton Elementary and Middle
School (School No. 236), located at 6101 Old Harford Road, Baltimore, Maryland, 21214
("Property"); and
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; and
WHEREAS, in the event that, by operation oflaw, 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; and
WHEREAS, Lessee is a communications service provider who wishes to lease certain areas on
the rooftop of the Property ("Leased Premises"), for the purpose of installing and operating
communications equipment thereon; and
WHEREAS, Lessor grants to the Lessee, a Federal Communications Commission ("FCC")
approved operator, a Lease to operate communications equipment on the Property, located in
Baltimore City, State of Maryland, subject to the terms and conditions of this Lease.
NOW, THEREFORE, FOR AND IN CONSIDERATION of the mutual covenants, obligations,
and conditions provided herein, and other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the parties agree as follows:
1. LEASED PREMISES

At the Property (described in Exhibit "A"), Lessor leases to Lessee certain areas on the rooftop
(described in Exhibits "B-1", ''B-2", "B-3") ("Leased Premises") for the purposes of
constructing, operating, modifying, and maintaining communications equipment (described in
Exhibits "C-1" and "C-2"). At any time during the Lease and with no additional increase ofrent
to Lessee, Lessee has the right to modify or replace the existing sled mounts to accommodate
Lessee's communications equipment.
At the Lessee's sole cost and expense, the equipment shall be installed on the rooftop in the
manner and location described in Exhibits "B-1", "B-2" and "B-3"). Exhibits A, B-1, B-2, B-3,
C-1, and C-2 are attached hereto and made a part hereof.

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Subject to Paragraph 4 hereof, Lessor also grants to Lessee certain nonexclusive rights of access
over so much of the Property for the installation and maintenance of wires, cables, conduits and
pipes necessary for the installation, operation and maintenance of its equipment.

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2. TERM
This Lease shall be for a period ofFNE (5) YEARS ("Initial Term") and shall commence on the
date ("Commencement Date") which is the last to occur of: (a) the first day of the calendar
month following Lessee's receipt of the last necessary local, state, and federal approvals, licenses
Page 1 ofl4 of a LEASE AGREEMENT between the Baltimore City Board of School Commissioners (Lessor) and Omnipoint
Communications Cap Operations, LLC (Lessee), covering a portion of the Premises known as Hamilton Elementary and Middle
School #236, located at 6101 Old Harford Road.
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- and permits so-as to permit construction and/or installation of equipment on and use of the
Leased Premises for all of the purposes permitted by this Lease (such approvals, licenses and
permits hereinafter collectively called the "Approvals"); or (b) the firstday of the calendar
. month following Lessee's commencement of construction pursuant to this lease. Lessee shall
provide Lessor with written notice of the Commencement Date.
Lessee shall have the right to renew this Lease for Tbree (3) additional Five (5) YEAR terms,
provided Lessee is not in default of this Lease. This Lease shall automatically be extended for
each successive renewal term unless Lessee notifies Lessor of its intention not to renew at least
ninety (90) days prior to the termination of the Initial Term and any renewal term thereof.
Lessor agrees to cooperate with and to allow Lessee, prior to the Commencement Date and at no
cost to Lessor, to obtain a title report, zoning approvals and variances, land-use permits, and
Lessor expressly grants to Lessee-upon reasonable prior notice a right of access to the Property to
perform surveys, soils tests, and other engineering procedures or environmental investigations on
the Property necessary to determine that Lessee's use of the Leased Premises will be compatible
with Lessee's engineering specifications, system design, operations and governmental approvals.
Not withstanding the foregoing before all soil and environmental testing Lessee must provide
_ Lessor information on what is being tested and where on the Property such test will take place.

3, RENT.
(A) Lessee shall pay to Lessor as rent for the Premises the annual sum of TWENTY
THOUSAND FOUR HUNDRED DOLLARS ($20,400.00), payable inequal quarterly
installments of FIVE THOUSAND ONE HUNDRED DOLLARS ($5, 100.00). Rent shall be
due within fifteen (15) days of the Commencement Date, prorated as appropriate.
Subsequent quarterly payments shall be payable on or before January 1, April 1, July 1, and
October 1 of each year. Rent payments shall be deposited by Lessee into an escrow account
named by Lessor until Lessor notifies Lessee in writing to make rent payments payable to
the "Baltimore City Board of School Commissioners", and forwarded to the Office of
Treasury Services, Room 401, 200 East North Avenue, Baltimore, Maryland 21202.
Payment should include the Property's name and "Rent Payment for Communications
Lease."

(B) Lessee shall pay Lessor a late payment charge equal to five percent (5%) of the late
payment for any payment that remains unpaid for more than ten (10) days from the date of
Lessor's written notice to Lessee that such money was notreceived when due and payable.
Any amounts not paid when due shall also bear interest until paid to the Lessor at the rate of
two percent (2%) per month or the highest rate permitted by law provided the amount
remains unpaid for more than ten (10) days from the date of Lessor's written notice to
Lessee that such money was not received when due and payable.
(C) As described in Exhibit D, attached hereto and made a part hereof, the Rent 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.
(D) If this Lease is terminated at a time other than on the last day of the quarter, Rent shall
be prorated as of the termination date.
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4. LESSEE'S PLANS
(A) As described in Exhibits C-1 and C-2, Lessee's equipment shall not be installed or
replaced without prior written approval of Lessor, such approval not to be unreasonably
withheld, delayed or conditioned. Lessor will respond to any such request within thirty (30)
calendar days of receipt. No improvement, construction, installation or alteration to Lessee's
equipment and/or utilities shall be commenced until Lessee's plans for such work have been
approved by Lessor, and all necessary permits have been properly obtained. If Lessor does
not provide such approval or request for changes within such thirty (30) calendar day period,
the Lessor shall be deemed to have approved the plans. Lessor shall not be entitled to receive
any additional consideration in exchange for giving its approval to Lessee's plans.
(B) Lessee's plans shall be drawn to scale and shall include: (1) the proposed location of all
equipment, including antennas, cabinets, sleds, and cable covers/ice bridges; (2) the
proposed changes to the Property and the Leased Premises; (3) the proposed dimensions and
Page 2 of 14 of a LEASE AGREEMENT between the Baltimore City Board of School Commissioners (Lessor) and Omnipoint
Communications Cap Operations, LLC (Lessee), covering a portion of the Premises known as Hamilton Elementary and Middle
School #236, located at 6101 Old Harford Road.

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weight of all equipment, , including cable covers/ice bridges; (4) the proposed color and type
of construction material for all structures and equipment; (5) the proposed layout and plans
for utilities at the Property and Leased Premises; (6) the proposed method and all locations
for drilling and/or penetrating into the rooftop and walls at the Lease Premises; and (7) any
other plan or detail that the Lessor reasonably may request.
(C) Prior to commencing any construction, installation, alteration or replacement of
equipment at the Leased Premises, Lessee shall also provide Lessor with the name of its
contractor(s), a proposed construction schedule, construction plans, the type of construction
machinery to be used for the installation of the equipment and its weight, arid a proposed
plan for ingress and egress to the Leased Premises. All improvements shall be constructed in
a workmanlike manner without the attachment of any liens to the Property or Leased
Premises and shall be completed in compliance with all applicable laws, rules, ordinances
and regulations.

5. USE OF LEASED PREMISES

(A) Lessee agrees to use the Leased Premises solely for the purpose of construction, erection,
reconstruction, operation, maintenance, repair and removal of the communications equipment
described in Exhibits C-1 and C-2 and an emergency services_locationbased system, which
includes without limitation, antenna(s), coaxial cable, base units and other associated
equipment, or any equipment or system which may be required by any county, state or
federal agency/department, including, but not limited to, the Federal Communications
Commission ("FCC").
Lessee shall not place any advertisement or other notice on or about the Property or Leased
Premises which identifies the.Lessee in any way (except for emergency notification postings
as required by law). At its sole cost and expense, Lessee shall comply with all federal, state,
and local laws, ordinances, rules and regulations (including laws and ordinances relating to
health, safety, radio frequericy emissions, and radiation) in connection with the use,
operation, maintenance, construction and/or installation of Lessee's equipment on the Leased
Premises.
(B) Lessor specifically reserves the rightto develop the Property in any manner that does not
cause undue interference to Lessee's use of the Leased Premises.
(C) If Lessee wants to make any improvements or replace its equipment to the Leased
Premises after initial construction drawings are approved by Lessor, Lessee shall make its
request in writing and specify in detail the proposed change or modification :in accordance
with Paragraph 4 of this Lease. Lessor will respond to any such request within ten (10)
working days of receipt Lessor shall not unreasonably withhold, delay or condition
approval.
(D) Lessee agrees to install and operate equipment of a type and frequency which will not
cause interference in any way to Lessor's operation or to the operation of Lessor's existing
tenant if any, (collectively "Lessor's Operations") located on the Property on the
Commencement Date or to Lessor's Operations at any future date when Lessee desires to add
additional equipment to the Leased Premises. In the event Lessor believes, in Lessor's
reasonable judgment and opinion; that an installation or activity of Lessee is directly causing
interference to Lessor's Operations, Lessor shall give oral notice of the interference at a
number posted at the site (to be followed by written notice) to Lessee and Lessee shall
immediately dispatch within 48 hours authorized representatives to inspect and test Lessee's
operations and equipment. In the event of an emergency, Lessee may disconnect its
operations and equipment from a remote location. Lessor may perform, or cause to be
performed, upon notice to Lessee, a technical evaluation to deterrrrine the cause of
interference. If, after considering the results of Lessee's :inspection and tests or any technical
evaluation performed by Lessor, Lessor determines that Lessee is, in fact, directly causing
interference to Lessor's Operation, Lessor shall, upon such determination, notify Lessee and
Lessee shall immediately cease interfering with Lessor's Operation. In any event, if Lessee
fails to cease its interference with Lessor's Operation within twelve (12) hours of such
determination, Lessor shall have the right to take whatever steps it deems necessary, in its
reasonable judgment and discretion, to cause the interference to cease. Lessee shall be
responsible for all reasonable payments/expenses that occur as a direct result of having to
correct any interference problems caused solely by Lessee.
Page 3 of 14 of a LEASE AGREEMENT between the Baltimore City Board of School Commissioners (Lessor) and Omnipoint
Communications Cap Operations, LLC (Lessee), covering a portion of the Premises known as Hamilton Elementary and Middle
School #236, located at 6101 Old Harford Road.

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For a period of thirty (30) calendar days after Lessor determines that Lessee's operations have
caused interference and that the interference has not ceased within twelve (12) hours of such
determination, Lessee may request, and, if its request is approved by Lessor, remain on the
Leased Premises and perform intermittent testing of potential cures during specified hours.
Lessor's approval of a request to remain and conduct intermittent testing during specified
hours shall not be unreasonably withheld, delayed or conditioned'.
Lessor's sole liability to Lessee for action taken pursuant to this Paragraph shall consist of the
value of any damage or repairs made necessary by negligent acts of Lessor. In no event shall
Lessor be liable forloss in value of Lessee's equipment, or any loss of revenue by Lessee
resulting from removal, which is not the result of Lessor's willful or negligent act, or for any
consequential or other damages to Lessee'.
Similarly, Lessor shall not use, nor shall Lessor permit its employees, invitees, agents, or
existing or future licensees or lessees to use, any portion of the Property in any way which
interferes with the operations of Lessee. Such interference shall be deemed a material breach
by Lessor, who shall, upon written notice from Lessee, be responsible for terminating said
interference. In the event any such interference does not cease promptly, the parties
acknowledge that continuing interference may cause irreparable injury and, therefore, Lessee
shall have the right, in addition to any other rights that it may have at law or in equity, to
bring a court action to enjoin such interference. or to terminate this Lease immediately upon
written notice.
(E) As designated by Lessor, Lessor hereby grants Lessee, its employees, contractors, agents
and invitees a non-exclusive easement and right of way over and through the Property for
ingress and egress to the Leased Premises, for the purpose of constructing, installing,
maintaining, operating, repairing and removing the Lessee's equipment.

6. LESSEE'S EQUIPMENT-REMOVAL UPON TERMINATION

(A) Upon termination of the Lease, Lessee shall be responsible for the removal of its
equipment and utilities from the Leased Premises. Prior to any such removal, and within (30)
days from the termination date of this Lease, Lessee shall provide Lessor with a removal plan
of its equipment and utilities from the Leased Premises, which shall include a time schedule
for such removal. Notwithstanding the forego:ing, Lessee shall have the right to remove all of
its equipment and utilities from the Leased Premises prior to or upon termination of this
Lease.
(B) Upon removal of the Lessee's equipment, as provided in subsection (A) hereof, Lessee
shall restore the Leased Premises to the reasonable satisfaction of Lessor as existing on the
. Commencement date, not to exceed the original condition of the Leased Premises, with
reasonable wear and tear.
(C) AH costs and expenses for the removal of the equipment and restoration of the Leased
Premises, as provided in subsections (A) and (B) hereof, shall be borne by Lessee, and
Lessee shall hold Lessor harmless from any portion thereof.
(D) If Lessee fails to remove its equipment and utilities from the Leased Premises and/or
restore the Leased Premises, as provided in subsection (A) and(B) hereof, within thirty (30)
days after the termination date, Lessor may remove and store at Lessee's sole cost and
expense the equipment and utilities and/or restore the Leased Premises to its original
condition at Lessee's sole cost and expense. In no event shall the Lessor be liable for loss in
value of Lessee's equipment resulting from removal, which is not the result of Lessor's
negligence, orfor any consequential or other damages to Lessee.
7. BOND
Prior to commencing any construction on the Leased Premises, Lessee shall post a bond with a
surety company, reasonably acceptable to Lessor; assuring that the improvements will be
constructed without the attachment of any construction liens.
8. NETLEASE

Page 4 of 14 of a LEASE AGREEMENT between the Baltimore City Board of School Commissioners (Lessor) and Ornnipoint
Communications Cap Operations, LLC (Lessee), covering a portion of the Premises known as Hamilton Elementary and Middle
School #236, located at 6101 Old Harford Road.

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Lessor shall not be required to make any expenditures of any kind in connection with this Lease
or to make any repairs or improvements to the Property or the Leased Premises, except to the
extent Lessor causes damage to the Leased Premises or damage to the Property which effects
Lessee. The Parties agree that this is a Net Lease intended to assure Lessor the rent reserved on
an absolute net basis. In addition to the Rent reserved herein, Lessee shall pay to the parties
entitled thereto all taxes, assessments, insurance premiums, maintenance charges, and any other
charges, costs and expenses againstthe Leased Premises and Lessee's equipment which maybe
contemplated under any provisions of this Lease or by federal, state, or local law which are
directly attributable to Lessee's tenancy created under this Lease. All taxes and assessments shall
be paid in accordance with Paragraph 30 ofthis Lease.
9. GRAFFITI
At Lessee's sole cost and expense, Lessee shall at all times keep and maintain the Leased
Premises and its 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.
10. MAINTENANCE
At its sole cost and expense, Lessee shall maintain the Leased Premises, its equipment, and any
other personal property on the Property in good working order, condition, and repair. Lessee
shall keep the Leased Premises free of debris or anything of a dangerous, noxious, or offensive
nature or which would create a hazard or undue vibration, heat noise, or interference. Lessee
shall not introduce to the Property any debris or anything of a dangerous, noxious, or offensive
nature or which would create a hazard or undue vibration, heat noise, or interference.
11. UTILITIES
At its sole cost and expense, Lessee shall arrange for its own separately metered electrical supply from the local
utility company and shall pay for all electric and other utility charges attributed to the Leased Premises. Upgrading
of utilities and installation of new utilities shall be done only with Lessor's prior written approval and at Lessee's
sole cost and 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 and billed to Lessee, Lessee shall
pay the local utility company rate 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.
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) At its sole cost and expense, Lessee shall obtain all federal, state, local and any other permit
and governmental authorization required to construct, operate or otherwise implement its use of
its equipment at the Leased Premises. Lessee shall provide Lessor with copies of all permits and
governmental authorizations. Lessee shall not commence any work at the Leased Premises until
such permits are submitted to Lessor. Notwithstanding the foregoing, if Lessee is unable to
obtain or maintain 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.
13.DEFAULT
Each of the following events shall constitute a default of this Lease:
(A) If Lessee fails to pay Rent or other sums due as provided herein within) THIRTY (30)
calendar days from the date of Lessee's receipt of written notice to Lessee of such failure to
pay;
(B) If Lessee is adjudicated as bankrupt or makes any assignment for the benefit of creditors.
(C) If either party fails to perform or comply with any of the terms, conditions, or covenants
of this Lease and such failure continues for a period of FORTY-FIVE (45) calendar days
Page 5 of 14 of a LEASE AGREEMENTbetweenthe BaltimoreCityBoard of SchoolCommissioners(Lessor)and Ornnipoint
CommunicationsCap Operations, LLC (Lessee),coveringa portionof the Premisesknownas HamiltonElementaryand Middle
School #236, located at 6101 OldHarford Road.

from the date of non-defaulting party's written notice to defaulting party of such failure to
perform or comply, unless the performance cannot be reasonably completed within FORTY-

FNE (45) calendar day period and defaulting party has commenced good faith efforts to
perform and is diligently proceeding to complete performance.
14. CURE BY LESSOR
In the event of any default of this lease by Lessee and upon the expiration of the applicable cure
period set forth in Section 13, the Lessor may at any time, after notice, cure the default for the
account of and at the expense of the Lessee. If Lessor is compelled to pay or elects to pay any.
sum of money or to do any act which will require the payment of any sum of money or is
compelled to incur any expense, including reasonable attorney fees in instituting, prosecuting or
defending any action to enforce the Lessor's rights under this Lease, the sums so paid by Lessor,
with all interest, costs and damages shall be deemed to be Additional Rental and shall be due
from the Lessee to Lessor on the first day of the month following the incurring of the respective
expenses.
15. TERMINATION BY LESSOR .
Without prejudice to any other remedy available to Lessor, the Lessor shall have the right to
terminate the Lease and remove and store at Lessee's sole cost and expense the equipment and
utilities, or require Lessee to remove its equipment and utilities, from the Leased Premises within
. thirty (30) calendar days from the expiration of any applicable cure period, pursuant to Paragraph
13 herein. No portion of the Rent shall be refunded to Lessee in the event of such termination.
16. TERMINATION BY LESSEE
This Lease may be terminated by Lessee, in addition to all other termination rights granted
herein, with three (3) months prior written notice to Lessor if: (I) any physical equipment or
electronic emissions materially interfere with the operation of the Lessee's equipment; or (ii)
Lessee determines, based on technological or other developments, that it will be unable to utilize
the Leased Premises for their intended purposes.
17. PEACEFUL POSSESSION
Lessor covenants that Lessee, upon the payment of Rent and the performance of the covenants
and conditions of this Lease, shall and may peaceably and quietly have, hold and enjoy the
Leased Premises for the Term of this Lease and any renewal thereof. The Lessor expressly
reserves the right to enter into additional or subsequent leases of portions of the Property,
provided no subsequent lease shall interfere with the rights of Lessee under this Lease.
18. DAMAGE OR DESTRUCTION
If the Property or the Leased Premises or Lessee's Equipment are destroyed or damaged so as to
materially hinder effective use of the Property or the Leased Premises through no fault or
negligence of Lessee, either party may elect to terminate this Lease upon thirty (30) days prior
written notice. In such event, Lessee shall promptly remove the Lessee's equipment from the.
Leased Premises and the parties shall proceed as set forth in Paragraph 6 hereof.
This Lease ( and Lessee's obligation to pay rent) shall terminate upon Lessee's fulfillment of the
obligations set forth in Paragraph 6 hereof. Lessor shall have no obligation to repair any damage
to any portion of the Leased Premises.
.
If Lessor elects to repair any such damage and Lessee elects to continue this Lease, then all Rent
shall abate until the Leased Premises and/or Lessee's Equipment are restored to the condition
existing immediately prior to such damage or destruction.
19, MATERIALS AND CLAIMS
All materials furnished for any work done on the Leased Premises by Lessee shall be at Lessee's
sole cost and expense. Lessee agrees to protect the Property, the Leased Premises, and the Lessor
from any and all claims of contractors, laborers and material men, unless such claims are a result
of the negligence of Lessor, its employees, contractors, or invitees.
Page 6 of14 of a LEASE AGREEMENT between the Baltimore City Board ofSchool Commissioners (Lessor) and Omnipoint
Communications Cap Operations, LLC (Lessee), covering a portion of the Premises known as Hamilton Elementary and Middle
School #236, located at 6 IO 1 Old Harford Road.

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20. CONDEMNATION
Jn the event the property or the Leased Premises are taken by eminent domain, this Lease shall
terminate as of the date title to the Property or the Leased Premises vests in the condemning
authority. In the event the Property or the Leased Premises are taken by eminent domain so as to
materially hinder effective use of the Leased Premises by Lessee, either party shall have the right
to terminate this Lease as of said date.of title transfer by giving thirty (30) days prior written
notice. In the event of any taking under the power of eminent domain, Lessee shall not be
entitled to any portion of the award paid for the taking and the Lessor shall receive the full
amount of such award. Lessee hereby expressly waives any right or claim to any portion thereof.
Although all damages, whether awarded as compensation for diminution in value ofthe
Leasehold or to the fee of the Property, shall belong to Lessor, 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 incuned by Lessee in moving/removing its
equipment, personal property, and leasehold improvements.
21. INSURANCE

During the Term of this Lease and any renewal thereof, Lessee shall procure and maintain the
following required insurance coverage:

(A) Commercial General Liability Insurance at limits of not less than One MillionDollars
($1,000,000.00) per occurrence for all claims arising out of bodily injuries or death and property
damages. For those policies with aggriegate limits, a minimum limit of Three Million Dollars
($3,000,000.00) is required. Such insurance shall include contractual liability insurance.

(B) Business Automobile Liability Insurance at limits of not less than One Million Dollars
($1,000,000.00) per occurrence for all claims arising out of bodily injuries or death and property
damages. The insurance shall apply to any owned, non-owned, leased, or hired automobiles used
in the performance of this Lease.
(C) Workers' Compensation coverage as required by the State of Maryland, as well as any
similar coverage required for this work by applicable Federal Law.

(D) The Baltimore City Board of School Commissioners" and the "Mayor and City Council of
Baltimore," their respected elected/appointed officials, departments, employees, agents, and
representatives shall be covered, by endorsement, as an additional insured with respect to
liability arising out of activities performed by or on behalf of theLessee in connection with this
Lease.
(E) The Lessee's insurance shall apply separately to each insured against whom a claim is made
and/or lawsuit.is brought.
(F) To the extent of the Lessee's negligence, the Lessee's insurance coverage shall be primary.

Any insurance and/or self-insurance maintained by Lessor and the ''Mayor and City Council of
Baltimore", their respective elected/appointed officials, departments, employees, agents, and
representatives shall not contribute withthe Lessee's insurance or benefit the Lessee in any way.
(G) Coverage shall not be suspended, voided, canceled, reduced in coverage or in limits, except
by the reduction of the applicable aggregate limit by claims paid until after forty-five ( 45) days
prior written notice has been given to the Lessor and the "Mayor and City Council of Baltimore."
There will be an exception for non-payment of premium which is ten (10) days notice of
cancellation.
(H) Insurance shall be placed with insures having a Best rating ofno less than A:VIL If not rated
with Best's, the insurer shall have a minimum surplus the equivalent of Best's surplus size VII
and must be licensed/approved to do business in the State of Maryland.
(I) The Lessee shall furnish the Lessor with a "Certificate of Insurance'' and copy of the
additional insured endorsement as verification that coverage is in force. The Lessor reserves the
right to requite Lessee to produce a letter from Lessee's insurance broker verifying that the
insurance coverage required herein is in effect.

Page 7 of 14 of a LEASE AGREEMENT between the Baltimore City Board of School Commissioners (Lessor) and Omnipoint
Communications Cap Operations, LLC (Lessee), covering a portion of the Premises known as Hamiiton Elementary and Middle
School #236, located at6101 Old Harford Road.

(J) Failure to obtain insurance coverage as requ.ired herein or failure to furnish the Certificates
of Insurance as required herein may render this Lease null and void; provided, however that no
act or omission of the Lessor or the "Mayor and City Council of Baltimore" shall in way limit,
modify or effect the obligations of Lessee under any provision of this Lease.
(K) The Lessor shall not be responsible for Lessee's equipment at the Leased Premises.

22. LIABILITY AND INDEMNITY

Lessee shall indemnify, defend and hold harmless the Lessor and the ''Mayor and City Council
of Baltimore," their elected/appointed officials, departments, employees, agents, and
representatives from any and all claims, demands, suits, and actions including reasonable
attorneys' fees and court costs connected therewith, brought against the Lessor and the "Mayor
and City Council of Baltimore," their elected/appoi..ritedofficials, departments, employees,
agents, and representatives arising as a result of any direct or indirect, willful, or negligent act or
omission of Lessee, its agents, or employees in the performance of this Lease. Lessee shall not
indemnify Lessor for any claims arising out of the willful misconduct or negligence or omission
of Lessor, its officials, departments, employees, agents or representatives.
23. HAZARDOUS SUBSTANCES
(A) Lesseerepresents and warrants that its use of the Leased Premises herein shall not generate
any hazardous substance, except as to; the limited extent permitted under State or Federal laws
with regard to standard business operations thereon. Lessee shall not store, dispose, nor transport
to or over the Property or the Leased Premises any hazardous substance, except in containers or
forms permitted by law. Lessee further agrees to indemnify; defend and hold harmless the Lessor
from against any release of any such hazardous substance any damage, loss, or expense or
liability resulting from such release, including but not limited to attorneys' fees, costs and
penalties incurred as a result thereof.
The Lessee's obligations as provided in this Paragraph 23 shall survive the expiration of the
Term or the earlier termination of this Lease.
The term ''hazardous substance" shall be broadly interpreted to mean any substance, waste, or
material defined or designated as hazardous, toxic, radioactive, or other similar term by federal,
state or local environmental law, regulation or rule presently in effect or promulgated in the
future.
(B) During the Term of this Lease and any renewal thereof, the parties shall notify each other if
they become aware of the presence of any hazardous substance at the Property or the Leased
Premises.
(C) Lessor represents that to the best of Lessor's knowledge, the Leased Premises contains no
Hazardous Substances and Lessor agrees that it will not permit the placement of, disposal of,
treatment of, or release of any said Hazardous Substances on, under or about the Leased
Premises by any of its officials, contractors, employees, or agents, or by any third parties. Lessor
and Lessee agree that Lessor makes no representation or warranty with respect to the existence
of any asbestos-containing material located on the Leased Premises.
(D) Notwithstanding any other provisions ofthis paragraph (Paragraph 23), Lessor agrees that
Lessee shall be held harmless from and against any claims arising from any violations of any
federal, state, or local environmental laws, including but not limited to, all spills or other releases
of Hazardous Substances on the Leased Premises not caused by Lessee. Lessor further agrees
that Lessee shall be held harmless from and against any claims arising from any violations of any
federal, state, or local environmental laws occurring on or about the Leased Premises prior to the
Commencement Date of this Lease.
24. ASSIGNMENT AND SUBLETTING
Lessee may not assign or otherwise transfer all or any part of its interest in this Lease or in the
Leased Premises without the prior written consent of Lessor, which consent shall not be
unreasonably withheld, delayed or conditioned.
Lessee may not sublease all or any part of its interest -in this Lease or Leased Premises without
. the prior written consent of the Lessor, which consent may be withheld in Lessor's sole and
absolute discretion.
Page 8 of 14 of a LEASE AGREEMENT between the Baltimore City Board of School Commissioners (Lessor) and Omnipoint
Communications Cap Operations, LLC (Lessee), covering a portion of the Premises known as Hamilton Elementary and Middle
School #236, located at 6101 Old Harford Road.

The Lessee's transfer of all of its rights and obligations to a parent, subsidiary, or other affiliate

of Lessee, or to any successor :in interest or entity acquiring fifty percent (50%) or more of
Lessee's stock or assets, shall not be deemed an assignment. As of the Commencement Date,
Lessee shall provide the Lessor with written notice of any such transfer.
If the Lessor is required to review, approve, and execute any written documentation to
accomplish such assignment, transfer, or sublease, Lessee shall pay the Lessor a processing fee
of FIVE HUNDRED DOLLARS ($500.00) per assignment, transfer, or sublease.
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 :financingentity, 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.
25. ACCEPTANCE OF PREMISES
By taking possession of the Leased Premises, Lessee accepts the Leased Premises in the

condition existing as ofthe Commencement Date. Lessor makes no representation or warranty

with respect to the condition of the Leased Premises and Lessor shall not be liable for any latent
or patent defect in the Leased Premises.
26. ENTIRE AGREEMENT AND AMENDMENTS.
This Lease contains the entire agreement and understanding between the parties hereto. All
Exhibits referred to herein are incorporated herein for all purposes. This Lease shall not be
amended or modified except by an agreement in writing signed by the parties or their respective
successors in interest and approved by the "Baltimore City Board of School Commissioners."
27. NOTICES
All notices, requests, demands, and other communications hereunder shall be in writ:ingand shall
be deemed given if personally delivered or by certified mail, return receipt requested to the
following:
Lessor:

Chief Financial Officer

Baltimore City Public School System
Room 409, 200 East North Avenue
Baltimore, Maryland 21202
AND

General Counsel
Baltimore City Public School System
Room 208, 200 East North Avenue
Baltimore, Maryland 21202

Lessee:

Omnipoint Communications Cap Operations, LLC

12050 Baltimore Avenue
Beltsville, MD 20705
Attn: Property Manager

With copies to: Omnipoint Communications Cap Operations, LLC

12920 S.E. 38th Street
Bellevue, WA 98006
Attn: Legal Department
Omnipoint Communications, Inc.
360 Newark-Pompton Turnpike
Page 9 of 14 of a LEASE AGREEMENT between the Baltimore City Board of School Commissioners (Lessor) and Omnipoint
Communications Cap Operations, LLC (Lessee), covering a portion of the Premises known as Hamilton Elementary and Middle
School #236, located at 6101 Old Harford Road.

-------

- .. ----

....

Wayne, NJ 07470
Attn: Leasing Manager
28. NON-WAIVER

A wavier by the Lessor of any provision or Paragraph of this Lease shall not be deemed to be a
waiver of any other provision or Paragraph of this Lease. No mention in this Lease of any
specific right or remedy shall preclude the Lessor from exercising any other right or from having
any remedy or from maintaining any action to which the Lessor may be otherwise entitled,
either in law or equity, and the failure of the Lessor to insist in any one or more instances upon a
strict performance of any term or condition of this lease, or to exercise any option or right herein
contained, shall not be construed as a waiver or relinquishment for the future of such term,
condition, right or option, but the same remain in full force and effect unless the contrary is
,expressly stated in writing.
The receipt of any sum paid by Lessee to Lessor after a breach of this Lease shall not be deemed
a waiver of such breach unless expressly set forth in writing by Lessor.
29. OPTIONAL TERMINATION

Lessor or Lessee shall have the option of terminating this Lease if Lessee loses its license to
provide WIRELESS/PCS/CELLULAR services for any reason, including but not limited to,
non-renewal, cancellation, or expiration of its license by the Federal Communications
Commission.
30. TAXES

(A) Lessee shall pay its proportionate share of all real property taxes and assessments for the
Leased Premises, if any, which become due and payable during the Term of this lease and
any renewal thereof which is directly attributable to Lessee's tenancy created under this
Lease, provided, however, that in the event any such annual tax exceeds five percent (5%)
of the annual rent then in effect, Lessee may terminate the Lease upon six (6) months prior
written notice to Lessor. Lessor shall provide Lessee documentation from the taxing
authority indicating with reasonably certainty that the property tax increase was directly
attributable to Lessee's tenancy. All such payments shall be made and evidence of all such
payments shall be provided to Lessor; Lessee shall pay all taxes attributable to its equipment
and its personal property at the Leased Premises, provided that Lessee shall be entitled to
appeal any such increase payable by it.
(B) Lessee shall indemnify Lessor from any and all liability, obligation, damages, penalties,
claims, liens, costs, charges, losses and expenses (including, without limitation, reasonable
attorney's fees and court costs, expert witnesses and consultants), which may be imposed
upon, incurred by or be asserted against Lessee in relation to the taxes owed or assessed on
the Leased Premises.
31. REPRESENTATIONS

Lessor and Lessee represent that each, respectively, has full right, power, and authority to
execute this Lease and bind the Lessor and Lessee, respectively.
32. CONSENT TO JURISDICTION

The Lessee irrevocably submits to the jurisdiction of the state courts of the State of Maryland or
the Federal District Court for Maryland involving any suit, action or proceeding arising out of or
relating to this Lease. The Lessee irrevocably waives, to the fullest extent permitted by law, any
objection that the Lessee may now or hereafter have to the venue of any such suit, action, or
proceeding brought in any state court of the State of Maryland or the Federal District Court of
Maryland as being brought in an inconvenient forum.
33. SEVERABILITY
If any term, covenant, or condition of this Lease is found to be void or invalid, such invalidity
shall not affect the remaining term of this Lease, which shall continue in full force and effect.
Page 10 of 14 of a LEASE AGREEMENT between the Baltimore City Board of School Commissioners (Lessor) and Omnipoint
Communications Cap Operations, LLC (Lessee), covering a portion of the Premises known as Hamilton Elementary and Middle
School #236, located at 6101 Old Harford Road.

---~-=

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

-- --

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

34. GOVERNINGLAW
The terms, covenants and conditions of this Lease shall be governed by and construed in
accordance with the laws of the State of Maryland.
35. MARKING AND LIGHTING REQUIREMENTS
At its sole cost and expense, Lessee shall comply with all marking and lighting requirements of
the Federal Aviation Administration ("FAA") and the FCC that are due solely to Lessee's
equipment and Lessee's use of the Leased Premises. The Lessee shall indemnify, defend and
hold harmless the Lessor from any fines or other liabilities cairnedby the Lessee's failure to
comply with such requirements.
36. SUBORDINATION AND ATTORNMENT
This Lease is subject and subordinate to all ground or underlying leases and to all mortgages
which may now or hereafter affect the Property, and to all renewals, modifications,
consolidations; replacements and extensions thereof In confirmation of such subordination or
attormnent, Lessee shall execute any certificate that Lessor may require and 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.
37. ACCESS TO LESSEE'S EQUIPMENT
After the initial installation of Lessee's equipment, Lessor shall permit Lessee unrestricted
access to the Property and Leased Premises seven (7) days a week, twenty-four (24) hours a day.
To facilitate such 24/7/365 access, Lessee shall have the right to install a lockbox at a mutually
agreeable location at the Property at-Lessee's sole cost and expense or the parties shall make
other appropriate arrangements.
38. NON-INTERFERENCE

Lessee's equipment and the use thereof shall not interfere with the use of any other
communication or similar equipment of any kind and nature owned or operated by Lessor or
other occupants at the Property existing as of the Commencement Date, except as may be
permitted by applicable laws; provided, however that subsequent to the installation by Lessee of
Lessee's equipment, Lessor agrees not to install or allow installation of new equipment at the
Property if such equipment causes interference with Lessee's operations. All interference claims
shall be settled in accordance with the then prevailing interference rules and regulations
promulgated by the FCC.
39. METRICOM-ABANDONED EQUIPMENT
Metricom, Inc. ("Metricom") entered into a lease with Lessor on November 28, 2000
(''Metricom Lease"). Metricom defaulted on the Metricom Lease and abandoned its
telecommunications equipment located on the roof of the Property. On August 31, 2001, the
U.S. Bankruptcy Court Northern District of California, San Jose Division entered an Order
Approving Rejection of Leases and Executory Contracts, Authorizing Abandonment of Property
on WAPS and Poletops, and Granting Limited Relief from the Automatic Stay.
Lessee shall remove and dispose of the abandoned Metricom equipment at the same tinie that
Lessee installs its telecommunications equipment at the Leased Premises. Lessor grants Lessee
permission to use the abandoned Metricom equipment for Lessee's installation, if Lessee so
desires.

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Page 11 of 14 ofa LEASE AGREEMENT between the Baltimore City Board of School Commissioners (Lessor) and Ornnipoint
Communications Cap Operations, LLC (Lessee), covering a portion of the Premises known as Hamilton Elementary and Middle
School #236, located at 6101 Old Harford Road.

-.

IN WITNESS WHEREOF~ the parties have executed this Lease as ofthe date first above
written.

LESSOR
Baltimore City Board of
School Commissioners

ATTEST:

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A ur--J!i4-l'L.--:

Carmen V. Russo. U
Chief Executive Officer

LESSEE
Omnipoint Communications Cap
Operations, LLC

ATTEST:

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{;)~lLI>~

'

Dave~po
,
Title: t-'---'-----~L
N f
])ate:

t .
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:

6-lt-0.3
Date

APPROVED BY THE BALTIMORE CITY BOARD OF SCHOOL COMMISSIONERS:

Jti~~~~~~
lJ

Secretary: Carmen V. Russo

1/;;.}c !;>
r=; Date

Page 12 of 14 of a LEASE AGREEMENT between the Baltimore CityBoard of School Commissioners (Lessor) and Omnipoint
Communications Cap Operations, LLC (Lessee), covering a portion of the Premises known as Hamilton Elementary and Middle
School #236, located at 6101 Old Harford Road.

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

CALIFORNIAALL-PURPOSE

State of California

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

ACKNOWLEDGEMENT

}
}

County of Santa Clara}

On

before me,

appeared

, personally

, personally known to me to be the person whose name is

subscribed to the within instrument and acknowledge to me that he executed the same in his
authorized capacity and that by his signature on the instrument the person, or the entity upon
behalf of which the person acted, executed the instrument.

WITNESS my hand and official seal

Place Notary Seal Above

Public

Signature of Notary

OPTIONAL
Though the :informationbelow is not required by law, it.may prove valuable to persons relying
on the document and
could prevent fraudulent removal and reattachment to another
document.
.
Description of Attached Document
Title or Type of Document:------------------------Document Date:

Number of Pages:

Signer(s) Other Than Named Above: -------------------,---

Capacity (ies) Claimed by Signer

Signer's Name:

Page 13 of 14 of a LEASE AGREEMENT between the Baltimore City Board of School Commissioners (Lessor) and Omnipoint
Communications Cap Operations, LLC (Lessee), covering a portion of the Premises known as Hamilton Elementary and Middle
School #236, located at 6101 Old Harford Road.

STATE OF MARYLAND TO WIT:

CITY OF BALTIM:ORE

IHEREBYCERTIFYTilATONTHIS
DAYOF
(IL,!~
,2003,
before me, the Subscri ~r, Jf ~ _P~blicoft~e ~ate o~Marylanii71 Ci_:y pf Baltimore,
personally appeared, .
.
,
. f.Executive Officer, and &at she acknowledged
the fore going CO:Ml\.1UNICATIONSLEASE AGREEMENT to be the act of said Baltimore
City Board of School Commissioners and in my presence signed the same.

Witness my hand and Notarial Seal.

~~~YPUBLIC
NOT
My Commission expires:
.

01,.u&L I, 62-00 ~

1rxll. ~
711 "-I}-

STATE OF MARYLAND TO WIT:

COUNTYOF ~~

IHEREBYCERTIFYTHATONTHIS

l ~k

DAY OF

~
.~

,,r

,2003,

befdQ. me. ,~er,

a Notary Public of the State of\~~.-. . . . personally appeared

, who, being duly sworn, ac~mself
to be the
.
V
of Omnipoint Communications Cap Operations, LLC,
("Company'') and that he as such officer executed the foregoing COlvIMUNICATIONS LEASE
AGREEMENT on behalf of the Company for the purposes therein contained, and said
acknowledge said instrument to be his free act and deed .
~

7)

Witness my hand and Notari~

j .~

Nb~cj
My Commission expires:

ROBERT.AS. iBORNSTEl~
Notar1 Public of NJ
My Commission Expires 7/i 2/05

Page 14 ofl 4 of a LEASE AGREEMENT between the Baltimore City Board of School Commissioners (Lessor) and Orrmipoint
Communications Cap Operations, LLC (Lessee), covering a portion of the Premises known as Hamilton Elementary and Middle
School #236, located at 6101 Old Harford Road.

--

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

__...

'

.. ,

Exhibit A

PROPERTY
The Property and its address are the following: Hamilton Elementary and Middle School

(School No. 236), located at 6101 Old Harford Road, Baltimore, Maryland, 21214.

Exhibit A of a LEASE AGREEMENT between the Baltimore City Board of School Commissioners (Lessor) and Omnipoint
Communications Cap Operations, LLC (Lessee), covering a portion of the Premises known as Hamilton Elementary and Middle
School #236, located at 6101 Old Harford Road.

ExbibitB..,1
The location of the Premises within the Property (together with access and utilities).
ls more particularly described and depicted as follows (E91 l equipment to be installed in the future - not depicted):

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Exhibit D of a LEASE AGREEMENT between the Baltimore. City Board of School Commissioners (Lessor) and Omni point
Communications Cap Operations, LLC (Lessee), covering a portion of the Premises known as Hamilton Elementary and Middle
School #236, located at 6101 Old Harford Road.
.

Exhibit B-2
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):

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HAMILTON ELEMANTARY SCHOOL

SITE #BAC-220F
EXISTING SCHOOL/ ROOFTOP
6101 OLD HARF6RD ROAD

BAL Tl MORE, MARYLAND 21214

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Exhibit D of a LEASE AGREEMENT between the Baltimore City Board of School Commissioners (Lessor) and Omnipoint
Communications Cap Operations, LLC (Lessee), covering a portion of the Premises known as Hamilton Elementary and Middle
School #236, located at 6101 Old Harford Road.

Exhibit B~3
The location of the Premises within the Property (together with access and utilities)
is more particularly described and depicted as follows (E9U equipment to be installed in the future - not depicted):

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CAP OPllllAnO_., LLC

HAMILTON ELEMANTARY SCHOOL

SITE #BAC-220F
EXISTING SCHOOL/ ROOFTOP
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BAL TIM ORE, MARYLAND 21214

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Exhibit D of a LEASE AGREEMENT between the Baltimore City Board of School Commissioners (Lessor) and Omnipoint
Communications Cap Operations, LLC (Lessee), covering a portion of the Premises. known as Hamilton Elementary and Middle
School #236, located at 6101 Old Harford Road.

--~""-~~---~

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Width

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mm
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TOT AL (including
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Depth
inch
51 1/5
51 1(5

1300
1300

mm

710
710

Height
inch
28

28

mm

inch

1504
110

59 1/5
4 1/3

1614

63 1/2

Weight of RBS

Fully Equipped Cabinet

Batteries (4 batteries of
kg
TOT AL (including
Installation frame)

RBS 2106
Unit

17.5

Cabinet
Installation frame
TOT AL (including
Installation frame)

1300
1300

lb

1056
154

550

1210

Depth

Width
mm

kg

480
70

inch

511/5
51 1/5

mm

Height

710

inch
28

710

28

mm

1614
110
1724

inch

63 1/2
4 1/3

67 8/9

Weight of RBS

kg
Fully Equipped Cabinet
Batteries (4 batteries of 17.5
kg
TOT AL (including
Installation frame)

550

lb
1210

70

154

620

1367

Exhibit D of a LEASE AGREEMENT between the Baltimore City Board of School Commissioners (Lessor) and Omnipoint
Communications Cap Operations, LLC (Lessee), covering a portion of the Premises known as Hamilton Elementary and Middle
School #236, located at 6101 Old Harford Road.

Exhibit C-2

EMS
.

---~'JN,.

OptiRange

RR65-19-XXDP

Wireless
zzwww

'

..

6S<> beamwidth

2.75"

72"

RF

CONNECTORS

Azimuth Beamwidth
Elevation Beamwidth
Gain
Polarization
Port-to-Port Isolation
Front-to-Back Ratio
Electrical Downtilt Options

VSWR
Connectors
Power Handling
Passive Intermodulation
Lightning Protection

I Model Number
j - _ . . MTG'.POD-10 ...

MTG-502-10
_ -- MTG-DXX-20*

~~~~~~~~;~.

Rated Wind Velocity

Equivalent Flat Plate Area
Front Wind Load@ 100 mph (161 kph)
Side Wind load@ 100 mph (161 kph)
Weight

72in x Bin x 2.7 5in

(183 cm x 20.3 cm x 7.0 cm)
150 mph (241 km/hr)
411' {0.37 m')
115 lbs (512 N)
40 lbs (176 N)
23 lbs (10.4 kg)

Note: Patent Pending and US Patent number 5, 757, 246.

Values and patterns are representative and variations may occur. Specifications may
change without notice due to continuous product enhancements. Digitized pattern
dala is available from the factory or via tile web site www.emswireless.com and
reflecf all updates.

Description

Comments

------{--- S.tandard Mount_(Supplied with_anlel'lna) t_ Mounts to.Wan QL.1.5 inch.to .5.0 inch 0. D ... Po!e_.(3.8 cm_loJ2.7. cm) -- _j
Swivel M~nt __
_ -------'
Mountingj<ftproviding_azimu!h adjustment
----
Mechanical Downtilt Kits
---- i O~ - 10 or 0 - 15" Mechanical Downtilt ----------------j

-----!

------+-

t.
----------+---

_C.lust er Mo. unt .K. it. s. - .. . ---.-..--..~-. 3 a. n. ennas 1_2.0" _apa. rt.. o.r 2 an. tenna. s. _18o_a_e_ a. rt ---.---..---_ --...!
~t~e%~~u:~o~n~unt Krr
.
~:i:t~~~!t~~;-~JJ~~/5" .0.0. pole.
--------------------;

.-.-.MTG. ~CXX
.. :1.0__-- .. .1

Dimensions (L xW. x D)

65
4.5
18.5 qBi (16.4.dBd)
Slant, 45
:".. 30 dB
:,,_ 25 dB(:,,_ 30 dB Typ.)
O, 2\ 4. 6,l
1.35:1 Max
2; 7-16 DIN (female)
250 Watts CW
:S:-147d8c
[2x20W {-i-43 dBm)]
Chassis Ground

-----------+

1;

t.

...... Model number shown represents a series ofproducts._ See.mounting options section for specific model_number. -- .. ---------------------------------
210

,,.,.

210~

Ir

Azimuth

,o

,.

1.11.0

Elevation
o Downtllt

www.emswireless.com

Vb"

l}(j:"

...

Elevation

,.,.

2" Downtilt

+1 770 . 582.0555

Elevation

,.,.

,.,.

4 Downtilt
Fax +1 770.729.0036

Exhibit D of a LEASE AGREEMENT between the Baltimore City Board of School Commissioners (Lessor) and Omnipoint
Communications Cap Operations, LLC (Lessee), covering a portion of the Premises known as Hamilton Elementary and Middle
School #236, located at 6101 Old Harford Road.

-----------"--~-----------.

------""-------~------

Exhibit D
Monthly/Quarterly/ Annual - Lease Payment Amounts
- Omnipoint Communications Cap Operations, LLC

MONTHLY

QUARTERLY

ANNUAL

Year 1

$1,700.00

$5,100.00

$20,400.00

Year2

$1,768.00

$5,304.00

- $ 21,216.00

Year3

$1,838.72

$5,516.16

$22,064.64

Year4

$1,912.27

$5,736.81

$22,947.23

Year 5

$1,988.76

$5,966.28

$23,865.11

Year6

$2,068.31

$6,204.93

$24,819.72

Year7

$2,151.04 _

$6,453.13

$25,812.51

Year8

$2,237.08

$6,711.25

$26,845.01

Year9

$2,326.57

$6,979.70

$27,918.81

Year 10

$2,419.63

$7,258.89

$29,035.56

Year 11

$2,516.42

$7,549.25

$30)96.98

Year 12

$2,617.07

$7,851.22

$31,404.86

Year 13

$2,721.75

$8,165.26

$32,661.06

Year 14

$2,830.62

$8,491.87

$33,967.50

Year 15

$2,943.85

$8,831.55

$35,326.20

Year 16

$3,061.60

$9,184,81

$36,739.25

Year 17

$3,184.07

$9,552.20

$38,208.82

Year 18

$3,311.43

$9,934.29

$39,737.17

Year 19

$3,443.89

$10,331.66

$41,326.66

Year 20

$3,581.64

$10,744.93

$42,979.72
$607,472.80

mergenthaler

Exhibit D of a LEASE AGREEMENT between the Baltimore City Board of School Commissioners (Lessor) and Ornnipoint
Communications Cap Operations, LLC (Lessee), covering a portion of the Premises known as Hamilton Elementary and Middle
School #236, located at 6101 Old Harford Road.