Magruder High School T-Mobile

LEASE AGREEMENT FOR TELECOMMUNICATIONS INDEX 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. NON-EXCLUSIVITY; CO-LOCATION LEASED PREMISES TERM RENTAL SECURITY DEPOSIT/SURETY BOND RENEWAL CANCELLATION EASEMENTS SERVING PREMISES PURPOSE USE OF PREMISES

11.
12.
13.

COMPLIANCE WITH GOVERNMENTAL LAWS

OWNERSHIP, SUBORDINATION AND NON-DISTURBANCE
RESTORATION OF THE PREMISES

14. 15. 16. 17.

18. 19.

TELECOMMUNICATIONS POLICY DEFAULT LICENSES AND PERMITS CONSTRUCTION BY TENANT

INTERFERENCE INDEMNIFICATION

20. 21.
/1 .

LNSURA.-NCE REQUIREMENTS HAZARDOUS MATERIALS ASSIGNMENT INSPECTIONS QUIET ENJOYMENT DAMAGE AND DESTRUCTION CONDEMNATION

23.
24.

2C.

27
28. 29. 30. 31. 32. 33.

BIN-DING

ECT

RECORDATION NOTICES WAIVER ENTIRE AGREEMENT GOVERNANCE CONFLICTS SITE riP A.WINa SlinWINa PROP PTV AS ND PRENnS'L7 c SITE DRAWING SHOWING PROPERTY AND PREMISES SITE DRAWING SHOWING PROPERTY AND PREMISES MAP SHOWING NON-EXCLUSIVE RIGHT-OF-WAY HAZARDOUS MATERIALS ACTIVITES - TENANT SCHOOL HOURS / COMMUNITY USE

EMIT A-1 EXHIBIT A-2 EXHIBIT A-3 EXHIBIT B EXHIBIT C EXHIBIT D

EXHIBIT E EXHIBIT F EXHIBIT G-1 EXHIBIT G-2 EXHIBIT G-3 EXHIBIT H

RIGHT OF ENTRY AGREEMENT DECISION OF MONTGOMERY COUNTY PLANNING BOARD and TOWER COMMITTEE CURRENT BOARD POLICY ECN CURRENT BOARD POLICY ECN CURRENT BOARD POLICY ECN MEMORANDUM OF LEASE W/EXIIEBIT A-1 - LEGAL DESCRIPTION & EXHIBIT A-2 - SITE DRAWLNG SHOWING PROPERTY AND PREMISES

Site: Magruder High School Site

LEASE AGREEMENT FOR TELECOMMUNICATIONS THIS LEASE made this 1-A4- 4-(-- day of , 2006, by and between the Board of Education of Montgomery County, govern' g body. of THE BOARD OF EDUCATION OF MONTGOMERY COUNTY (hereinafter the "Landlord"), and TMobile Northeast LLC, (hereinafter the "Tenant"). a Delaware limited liability company. Landlord hereby rents to Tenant and Tenant hereby rents from Landlord the leased premises herein described upon the following terms and conditions: 1. NON-EXCLUSIVITY; CO-LOCATION. Landlord leases to Tenant a portion of the Parcel (hereinafter described), a portion of which (namely the fenced enclosure) is leased on an exclusive basis, for the express purpose of Tenant's placing certain approved telecommunications facilities (the "Communications Facility") on the Premises (as defined below) to promote the public purposes of the Telecommunications Act of 1996. Tenant agrees and understands that it shall enjoy

a non-exclusive right to use that portion of the Parcel on which is constructed a tower, monopole, or other antenna-related structure, and shall permit co-location by other tenants on any tower. monopole, or other structure thit it may construct for its telecommunication purposes. Tenant shall deal in good faith with any other
tenants who may be granted co-location rights on the Communications Facility. 2. LEASED PREMISES. The leased premises ("Premises") consist of approximately 200 square feet of that certain tract of land lying in Montgomery County, Maryland, containing approximately 29.99 acres and conveyed to the Landlord pursuant to a deed dated August 7, 1961 and recorded in the Land Records of Montgomery County, Maryland in Liber 2875, Folio 263, which property is known as the Magruder High School Site ("the Site"). The Parcel is further identified as Parcel P939 on Tax Map GT61. The Premises are more particularly shown on a site drawing attached hereto as Exhibit A and made a part hereof. TERM. The term of this Lease shall be five (5) years with three (3) five-year renewal options at the discretion of the Tenant, subject to the cancellation (Paragraph 7) and the default provisions (Paragraph 15) of this Lease. The initial term shall commence on the earlier to occur of the commencement of construction of the Communications Facility or the sixtieth (60 th ) day following the above date of

3.

this Lease. unless the parties agree in writing to a different commencement date (- Commencement Date").
4. RENTAL_ Tenant hereby covenants and agrees to pay or cause to be paid as annual rent to Landlord the total sum of Twenty-Four Thousand Dollars (S24,000.00) for the initial 12-month term by monthly payments of Two Thousand Dollars ($2,000.00). Annual rent shall be adjusted at each anniversary of the Lease year by two and one-half percent (2.5%) over the previous year's rent or an amount equal to the increase in the consumer price index for the Baltimore Washington Region, (up to a maximum increase of five percent (5%) annually) whichever is greater. Rent shall be made payable to the Montgomery County Public Schools and delivered to the Office of the Chief Operating Officer, 850 Hungerford Drive. Rockville, Maryland 20850, or such other place as the Landlord may from time to time so designate in writing at least thirty (30) days in advance of a rental payment date.

5.

SECURITY DEPOSIT/SURETY BOND. Upon execution of this Lease, Tenant shall deposit with the Landlord, at the option of Tenant, a cash security deposit or a surety bond in a form and from a surety company acceptable to the Landlord in the amount of Fifty Thousand Dollars ($50,000.00) as security for the faithful performance and observance of the terms and conditions of this Lease. It is agreed that if Tenant defaults with respect to any terms and conditions of this Lease, including but not limited to the payment of rent, or the removal of its equipment at the conclusion of this Lease, Landlord may use, apply, retain or draw against the whole or any part of said security deposit or surety bond required for the payment of any rent or any other sum as to which the Tenant is in default or for any sum which the Landlord may expend or may be required to expend by reason of the Tenant's defaults of any of the terms, conditions, and covenants of this Lease. If Tenant shall fully and faithfully comply with all the terms, covenants, and conditions of this Lease. the security deposit shall be returned to Tenant or the surety bond shall be extinguished no later than sixty (60) days after the end of this Lease provided Tenant has delivered the Premises in the manner required herein.

6.

RENEWAL. At the option of the Tenant and so long as Tenant is not in default under any of the terms hereof, this Lease may be renewed if, at least one hundred eighty (180) days prior to expiration of the then current term of this Lease, Tenant
provides written notice of its intent to renew the Lease for another five-year term. At least ninety (90) days prior to the expiration of the then current term, Landlord shall inform Tenant in writing of the annual rent for the new term, which shall not exceed five percent (5%) over the previous year's annual rental rate.

7.

CANCELLATION. (a) Landlord may cancel this Lease for cause if Tenant fails to comply with the terms and conditions of this Lease. If-either party is in default under this Agreement for a period of (a) 15 days following receipt of notice from the non-defaulting party with respect to a default which may be cured solely by the payment of money, or (b) 30 days following receipt of notice from the non-defaulting party with respect to a default which may not be cured solely by the payment of money, then, in either event, the non-defaulting party may pursue any remedies available to it against the defaulting party under applicable law, including, but not limited to, the right to terminate this Agreement. If the non-monetary default may not reasonably be cured within a 30-day period, this Agreement may not be terminated if the defaulting party promptly commences reasonable action to cure the default within such 30-day period and proceeds with due diligence to fully cure the default. Notwithstanding the foregoing Agreement, if, during the term of the Agreement, there is a determination made pursuant to an official unappealable order of the Federal Communications Commission or any other state or federal agency with jurisdiction that use of the Site by Tenant poses a human health hazard which cannot be remediated, then (i) Tenant shall immediately cease all operations on the Site, and (ii) the Agreement shall terminate as of the date of such order.
(b) Tenant may terminate this Lease at the conclusion of any fiscal year

(determined to be June 30) after providing at least six (6) months' written notice to the Landlord. In the event of such early termination, Tenant's liability will not exceed 12 months of the scheduled rent, including annual rental increases. Tenant's obligations under Paragraphs 5, 8, 11, 13, 17, 19, 21, 25 shall survive (c) the termination of this Agreement. 8. EASEMENTS SERVING PREMISES.
(a)

The Board of Education must give formal approval to the easements serving the Premises. Subject to its prior formal approval and after a utility location analysis by a duly qualified utility location service, the Landlord hereby grants to Tenant the easements described below in this Paragraph 8 and Subparagraphs i through iv (such easements collectively called the "Appurtenant Easements") as easements appurtenant to the leasehold granted to Tenant in this Lease. The Appurtenant Easements may not be assigned or otherwise transferred in whole or in part separately from the leasehold granted under this Lease; and any such attempted assignment or transfer shall be void. Landlord grants Tenant a nonexclusive, temporary construction i. easement over, on, and through a portion of the school Site, as shown on

Exhibit B, for construction and installation of the Communications Facility upon the Premises. Such temporary construction easement shall terminate upon the earlier of (i) completion of Tenant's construction described in Paragraph 10 or (ii) the first anniversary of the commencement of this Lease.
Tenant shall be permitted the non-exclusive use of a right-of-way ten feet (10') in width, the centerline of which is shown on Exhibit B hereof, or such other right-of-wav of similar dimensions as Landlord may designate during the term of this Lease, to construct, operate, maintain, repair and remove Tenant's underground communication cables from the Premises, across and through that portion of the Site described on Exhibit B as the "Proposed Underground Conduits for Radio Cables". Tenant shall post and maintain at least four (4) signs indicating "Underground Cables" on the fence enclosing its equipment and on the Monopole outlining the extremities of the path of the underground cables.

iii. At such time as is necessary, Landlord shall grant to the local utility and telephone companies a non-exclusive easement and right-of-way of ten feet (10') in width for the purpose of constructing, installing, maintaining, operating, providing, repairing, and removing underground communication and electric power lines and systems, along and/or under those portions of the Site designated on Exhibit B hereof and the right-of-way of Tenant provided for during the term of this Lease for purposes of installation and provision of telephone and electric service to the Premises. Any utility easement required shall be submitted to the Board of Education for formal approval. Landlord hereby grants Tenant a non-exclusive right to use the iv. existing driveway immediately adjacent to the football stadium for ingress to and egress from the Premises by Tenant, subject to the time restrictions in Paragraph 10(b), for vehicular traffic for constructing, installing, maintaining, operating, repairing, and removing equipment over that portion of the Site designated on Exhibit B hereof, as "Proposed 20' IngressEgress Easement", or such other right-of-way of similar width as may be designated by Landlord to provide such access to the Premises and the Communications Facility during the term of this Lease_ In the event that Tenant damages any grassed area when accessing the Premises with its service and/or construction vehicular traffic, the Tenant will re-sod the disturbed areas.

(b) Landlord shall have the right to relocate any of the Appurtenant Easements upon at least ninety (90) days' prior written notice. If -such relocation occurs after the installation of utilities or facilities therein, such relocation shall be at Landlord's expense and shall be conducted in such a manner so as to minimize any disruption to Tenant's operations under this Lease. (c) With the exception of the temporary construction easement provided for, which may expire sooner as provided in such subparagraph. and any utility easements to third party utility or power companies, which shall expire in accordance with their terms, the term of all Appurtenant Easements shall automatically expire thirty (30) days after expiration or termination of this Lease without the need for further act of any party. Notwithstanding the foregoing, if requested by Landlord, Tenant shall execute and deliver to Landlord, in recordable form, such documents as Landlord may request to evidence of record the termination of all Appurtenant Easements as just provided. 9. PURPOSE. The Premises shall be used to locate towers, equipment, buildings and related facilities, including the Communications Facility, for telecommunications use. No grading, cutting of trees, removal of sod or topsoil and no installation of additional permanent or temporary structures, including fencing, shall be done without the prior written and express consent of Landlord. The Premises shall be used only for purposes compatible with the zoning of the Parcel. Tenant shall return the Premises to the original condition, normal wear and tear and damage by casualty not caused by Tenant excluded, prior to the expiration of the term of this Lease or any extensions or renewals thereof. Tenant agrees to control all noxious weeds in accordance with the guidelines of the Maryland Department of Agriculture. Tenant also agrees to periodically mow the Premises and to remove brush and debris as necessary.

10.

USE OF PREMISES.
Tenant shall use the Premises for the purpose of installing, removing. (a) replacing, modifying, maintaining, and operating, at its expense, the Communications Facility, which shall be deemed to include, without limitation, antennae equipment, electronic equipment, cable wiring, air conditioned equipment sheltcr(s), backup power sources (including generators and fuel storage tanks in accordance with Paragraph 21 and applicable laws), related fixtures, and an antenna structure, and shall use the Appurtenant Easements solely for the applicable purposes described in Paragraph 9. Landlord makes no representation or warranty whether such use is permitted by any laws or regulations applicable to the Premises, and Tenant is solely responsible for determining whether such use is

permitted, and for securing all necessary licenses. permits and approvals therefor from the appropriate governmental agencies. (b) Notwithstanding any other provision of this Lease, the Tenant acknowledges the absolute primacy of the Landlord's use of the Site to serve the needs of the public school system, and that Tenant's rights under this Lease are subject and subordinate to Landlord's use and operation of the Site. Accordingly, in exercising
its rights under this Lease, Tenant shall use its best efforts to avoid any adverse

construction, operation or other impacts on the Site and Landlord's use and operation thereof, arising from Tenant's activities conducted on or off of the Site. Prior to any entry upon the Premises, Tenant shall provide reasonable advance notice to Landlord of such entry and of any work or activities to be conducted on the Premises. Such entry, work and other activities shall occur only at such times, and shall occur in such manner, as may be required by Landlord to avoid any
adverse impacts. Tenant may not access the Premises during school hours, which times are listed on the Schedule in Exhibit D, nor at any time when school property may be used by programs coordinated by the County Office of Community Use of

Public Facilities, except with prior notice to and approval of the building administrator (See Exhibit D). With the exception of the times listed in Exhibit D or when the school is utilized by a community-use program, Tenant may enter the Premises without prior notice to Landlord, in case of emergencies adversely impacting Tenant's provision of communication services or threatening life and safety, provided Tenant notifies Landlord of same as soon as practicable. Subject to the conditions set forth in Paragraph 10 (b), Exhibit D and the (c) Right of Entry Agreement annexed hereto as Exhibit E, Tenant shall have the right at any time following the full execution of this Lease to enter upon the Parcel for the purpose of making appropriate engineering and boundary surveys, inspections, soil test borings and other reasonably necessary tests. If at any time during the term of this Lease. Landlord reasonably (d) determines, after consultation with Tenant, that the Communications Facility and related facilities have not been and/or can not be operated in a manner that does not materially and adversely impact the Landlord's use and operation of the Site to
serve the needs of Montgomery County Public Schools, then Landlord shall provide

Tenant with detailed written information specifying the nature of the condition that Landlord has determined to have resulted in such material and adverse impact upon the Landlord's use and operation. If Tenant is unable to remedy such condition to the reasonable satisfaction of Landlord, within thirty (30) days following Landlord's provision of the foregoing information, then Landlord may terminate this Lease by giving Tenant thirty (30) days' prior written notice of same.

(e) Landlord reserves the right to add improvements to or redevelop the Site (including the Premises) in any manner, including additional commun ications facilities necessary for Landlord's or Montgomer) County's communications needs, and in connection therewith to relocate, at Landlord`s sole expense, the

Communications Facility and the Premises. (1) Landlord will exercise its relocation right under this Paragraph (e), by (and only by) delivering written notice (the "Notice") to Tenant. In the Notice. Landlord will propose an alternate site on Landlord's property to which Tenant may relocate its communications facility. Tenant will have sixty (60) days from the date it receives the notice to evaluate Landlord's proposed relocation site. during which period Tenant will have the right to conduct tests to determine the technological feasibility of the proposed relocation site. If Tenant fails to approve of such proposed relocation site in writing within sixty (60) days of the Notice, Landlord may thereafter propose another relocation site by notice to Tenant in the manner set forth above. may relocation site which Landlord and Tenant agree upon in writing is referred to hereinafter as the "Relocation Site." Tenant will have a period of ninety (90) days after execution of a written agreement between the parties concerning the location and dimensions of the Relocation Site to relocate (at Landlord's expense) its communications facility to the Relocation Site. (2) Landlord shall make reasonable good faith efforts, including consultation with Tenant during the planning stages therefor, to cause any such improvements or redevelopment to be performed in a vv ay that does not require relocation of the Communications Facility and the Premises or undue interference to Tenant's use and operation of the Communications Facility. Landlord's reasonable good faith efforts and its exercise of discretion shall be subject to Landlord's statutory responsibility to make school decisions in the best interests of the students in the Montgomery County Public Schools. How ever, if such interference cannot reasonably be rectified through the cooperation of the parties and if no viable relocation site can be mutually agreed to by the parties, then either party may terminate this Lease by giving the other party thirty (30) days' prior written notice thereof.
(3) Landlord may require Tenant to relocate the communications

facility of Tenant, or any part thereof, to an alternate ground location on Landlord's property anclior to space within and/or on top of a building situated on Landlord's property (the - Building"); provided. however, that such relocation will:
(a) be at Landlord's sole cost and expense.

(b) be performed exclusively by Tenant or its agents, (c) not result in any interruption of the communications service provided by Tenant on Landlord's property,
(d) not impair, or in any manner alter, the quality of communications service

provided by Tenant on and from Landlord's property, and (e) be done in accordance with the terms and conditions contained in paragraphs (i) through (v) below.

In the event that Tenant agrees, in its sole discretion, to accept relocation of the Communications Facility to the Relocation Site, the following conditions shall apply: (1) the Relocation Site must, in Tenant's sole and reasonable judgment, be substantially equivalent in area and appropriateness for Tenant's purposes with no degradation of signal transmission and/or reception quality; (2) Tenant must be able, through the exercise of commercially reasonable efforts and the cooperation of Landlord, to obtain any governmental approvals for the relocation to and operation of the Communications Facility from the Relocation Site; (3) Subject to the requirements of Paragraphs 8 (a), 10 (b), 17 (d) and 17 (e), Landlord and Tenant will cooperate in good faith to schedule and effectuate such relocation at a mutually acceptable time designed to minimize any disruption to both parties' operations, taking into account the nature of the equipment to be relocated, the need to modify or obtain governmental approvals, if any, the need to schedule any new engineering or construction work and the needs and requirements of the Montgomery County Public Schools and its students; (4) Upon relocation of the communications facility of Tenant, or any part thereof, to the Relocation Site, all references to the Site in the Agreement will be deemed to be references to the Relocation Site.

Landlord and Tenant hereby agree that the Relocation Site (including the access and utility right-of-way) may be surveyed by a licensed surveyor at the sole cost of Tenant. and such survey will then replace Exhibit A and become a part hereof and will control or describe the Site. Except as expressly provided in this Exhibit. Landlord and Tenant hereby agree that in no event will the relocation of the communications facility of Tenant, or any part thereof. under Paragraph A, above, affect, alter, modify or otherwise change any of the terms and conditions of the foregoing Agreement: and (5) To the extent applicable, Exhibit B shall be revised to incorporate any new non-exclusive rights-of-way necessitated by the foregoing relocation.

Notwithstanding anything to the contrary contained herein, if Tenant, in its sole discretion, elects not to agree to the relocation of the Communications Facility. Tenant may terminate this Lease upon thirty (30) days' written notice to Landlord. In the event that Tenant provides such notice of termination, Landlord shall have the right, in its sole and absolute discretion. to withdraw its plans to relocate the Communications Facility, and in such event, Tenant's election to terminate shall be deemed null and void.

Landlord may, at its expense but without any charge from or cost to Tenant, (0 use a portion of the Monopole for mounting and operating additional communications equipment of Landlord or other Montgomery County or other governmental agencies, provided that a structural analysis is performed, at Landlord's sole cost and expense, to ensure that the Monopole will support the additional equipment. Such additional equipment shall be mounted as agreed upon between Landlord and Tenant and shall not interfere with the operation of Tenant's equipment, or that of other tenants collocated on the Monopole.

11. COMPLI ANCE WITH GOVERNMENTAL LAWS AND REQUIREMENTS. Tenant agrees to comply with all applicable governmental laws and regulations. Tenant agrees to comply with the conditions recommended by the Montgomery County Planning Board in its approval of the Project under the Mandatory Referral Process, as set forth in the Planning Board decision attached hereto and incorporated herein as Exhibit F.

12. OWNERSHIP, SUBORDINATION AND NON-DISTURBANCE. Landlord covenants and warrants that Landlord is seized of fee simple title or of good and sufficient interest to the Parcel and has full authority to enter into and execute this Lease. Landlord further covenants that there are no liens, judgments or impediments to title on the Premises other than those of record. At Landlord's option, this Lease shall be subordinate to any mortgage or other instrument by which Landlord from time to time may encumber all or part of the Premises or right-of-way; provided, however, that every such mortgage and/or instrument shall recognize the validity of this Lease in the event of a foreclosure of Landlord's interest and also Tenant's right to remain in occupancy of the Premises so long as Tenant is not in default of this Lease. Tenant shall execute whatever instruments may reasonably be required to evidence this subordination clause, solely to the extent that such instruments contain language specifically acknowledging the continuing occupancy rights of Tenant in the event of such foreclosure or other divestiture, 13. RESTORATION OF THE PREMISES. At the end of the term, whether by passage of time or the exercise of any party of any right of termination, Tenant shall surrender the Premises to Landlord in the condition specified in this Paragraph. Tenant shall be entitled to dismantle and remove, at Tenant's sole expense, the Communications Facility, its support structure, any antennae and all other alterations, additions, fixtures and improvements made by Tenant to the Premises, less and except any support structure and any lights, antenna, equipment belonging either to the Landlord or any third parties. Such dismantling and removal shall be coordinated in advance with Landlord and shall be scheduled and conducted as may be reasonably required by Landlord to avoid any adverse impact on the use and operation of the Site. After such dismantling and removal is completed, Tenant shall restore the Premises to its condition before the improvements were made, except for reasonable wear and tear, damage by casualty not caused by Tenant, changes by Landlord, and equipment owned by Landlord or any third parties that Landlord requires to remain. TELECOMMUNICATIONS POLICY_ Tenant covenants and agrees that at all times during this Lease it shall comply with the Landlord's Policy on Telecommunication Transmission Facilities, as amended from time to time and published on Landlord's official website located at mcos.k12.md.us . A copy of current Board Policy ECN is attached hereto and incorporated herein as Exhibit G.

14.

15.

DEFAULT. Tenant shall be considered in default of this Lease upon the happening of any of the following: (a) A default of ten (10) days in payment of rent from the due date and Tenant's failure to cure that default within fifteen (15) days after written notice; (b) A breach of any term, covenant or condition of this Lease other than payment of rent continuing for more than thirty (30) days after Tenant's receipt of written notice specifying the failure or neglect or such longer period as may reasonably be required to correct such failure or neglect with exercise of due diligence, then at the option of Landlord and upon written notice to Tenant, Tenant's right of possession shall thereupon end and Landlord may pursue any legal and/or equitable remedies available to Landlord. If Landlord files an action to enforce any agreement contained in this Lease, or for breach of any covenant or condition and Landlord prevails in such action, Tenant shall pay Landlord's reasonable attorneys' fees and court costs, all fees to be fixed by the court; (c) The appointment of a receiver or trustee of Tenant's property, assignment for the benefit of creditors of all or any of the property of Tenant, or commencement of any proceedings under any bankruptcy or insolvency law by or against Tenant (subject to the understanding that if such proceedings are not voluntarily instituted by Tenant, no default will be deemed to exist hereunder unless such proceedings are not stayed by appeal or otherwise within sixty (60) days following such institution).

In the event of default by Tenant and its failure to cure the default within (d) thirty (30) days following written notice, Landlord may, at its option, terminate this Lease and reenter the Premises and again have, possess, and enjoy the same as and of its former estate. In the event of the re entry and termination for default, the Landlord may, at its option, relet the Premises or any part thereof, for any use which it may deem reasonable, but the Landlord shall not be under any obligation to relet the Premises for any purpose other than that specified in this Lease. In the event of termination for default under this Paragraph 15(d), Tenant shall be liable for all direct losses and damages (including, but not limited to net unpaid rent and reasonable attorneys' fees) as the Landlord may sustain as a result of Tenant's default.
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If Landlord shall fail or neglect to keep and perform its obligations so as to (e) cause a breach of the Landlord's obligations, and such failure or neglect is not remedied within thirty (30) days (or such longer period as may reasonably be required to correct such failure or neglect with exercise of due diligence) after

terminate this Lease and pursue any legal andior equitable remedies available to Tenant.

16. LICENSES AND PERMITS. Tenant shall make every effort with due speed and diligence to obtain, at (a) Tenant's sole expense, all of the certificates, permits and other approvals that may be required by federal, state or local authorities for Tenant's use of the Premises as set forth in this Lease. Tenant agrees to present evidence at any time during the term of this Lease or renewals of any extension thereof, that any and all necessary licenses and permits continue in effect. Such evidence shall be presented within ten (10) days of receipt of the Landlord's request for such evidence.
(b) In the event any such applications should be finally rejected or any certificate, permit, license or approval issued to Tenant is canceled, expires or lapses, or is otherwise withdrawn or terminated by governmental authority, or soil boring tests are found to be unsatisfactory so that Tenant will be unable to use the Premises for the purposes set forth herein, Tenant shall have the right to terminate this Lease by giving Landlord thirty (30) days ' prior notification of termination. All rentals paid prior to said termination date shall be retained by Landlord on a pro - rata basis, Notwithstan ding-anything-to- the-contrary--con tained herein, if Tenant---does not exercise its right to terminate under this Paragraph 16 (b), Tenant shall remain liable for all of its responsibilities under this Lease, including the payment of rent, but shall not have the right to conduct any operations hereunder until it provides documentation reasonably acceptable to Landlord demonstrating that all necessary certificates, permits, licenses and for approvals have been issued or reinstated, as appliCable under the particular circumstances.
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17. CONSTRUCTION BY TENANT.

Tenant shall obtain all necessary approvals, including, without limitation, (a) those required by the Federal Aviation Administration (FAA) and the Federal Communications-Commission (FCCT,-for construction and operThon ofThe -Communications Facility. After obtaining the necessary permits and approvals therefor, and after obtaining Landlord's approval of its construction plans, Tenant,

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at its sole cost and expense, shall perform or cause to be performed following work:
i.

of the

Replacing the existing light standard with a Monopole with a height up to one hundred fifty feet (150') above ground level. Tenant will remove the discarded light standard from the Site and deliver it within Montgomery County where directed by Landlord. Upon completion of the Monopole's installation, title to the Monopole shall rest jointly in the Landlord and the Tenant. Notwithstanding the requirements of Paragraph 17 (k), if, not less than ninety (90) days prior to the expiration of this Lease, Landlord provides Tenant with written notice that Landlord desires to have the Monopole remain at the Site subsequent to the expiration of this Lease, Tenant shall have the right, at its sole option, to: (i) convey its title interest to the Monopole to Landlord on mutually acceptable terms; or (ii) remove the Monopole and construct, at its sole cost and expense, a substantially equivalent replacement monopole to be owned solely by Landlord following completion of construction.

an ten nae-as Installing-on-the liz may be appropriate for Tenant's operations in accordance with the terms of this Lease, subject to Tenant's compliance with applicable governmental regulations.
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iii.

Installing an 8' chain link fence on each side of the Premises.

Subject to Landlord's approval thereof as provided herein, iv. performing or causing to be performed all other improvements and work associated with the work described above that may lawfully be required by 0471"ja 1 t a bo dy. n nfry C0 tv n IP- 4.3 v 0 1-1rw fy rot 7 Dr..% jurisdiction, as part of or in connection with the work described above.
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Tenant shall install at its cost stadium lights upon the Monopole v. provided that the Landlord shall pay for and provide to Tenant the stadium lights to be installed and provided that Landlord shall be responsible for any expenses incurred for the use of such lights, including but not limited to utility costs. Landlord agrees that Tenant shall install the stadium lights so that they operate off the Landlord's existing utility source.

(b) Tenant's agreement to perform or cause to be performed all of the work described above., all at Tenant's cost and expense, shall be construed broadly to provide for all costs and liabilities of such work, whether or not such costs are anticipated and without regard to Tenant's present estimates for the cost of same, so that all of such work is fully and properly performed and paid for by Tenant, and upon completion of same the Site, as altered by such work is as fully functional and suitable for continued use by Landlord as it was prior to the start of Tenant's work. Accordingly, the phrase all work shall include, without limitation, all of the following work actually performed or caused to be performed by Tenant at the Site, and Tenant's promise to pay for such work shall include, without limitation, all of the costs and liabilities associated with the following: all labor and materials; design work; legal and professional fees of Tenant's consultants; permit drawings and materials; construction costs; construction equipment and materials utilities extension or relocation; provision of protective fencing and other safety measures; maintenance; removal of construction related debris from the Site; liability, property and workers' compensation insurance premiums; bond fees; development and construction permits; inspections and approvals; re-sodding of all disturbed areas not covered with impervious surface; replacement or relocation of landscaping; re striping of payed areas for traffic control and parking; relocation, replacement or provision of new safety and traffic/directional signage; connection of new sidewalks, drives, parking areas and other facilities to Landlord's existing facilities; and repairs and restoration required as a result of any damage to the Site caused in the prosecution of the work performed by or caused to be performed by Tenant under this Lease.
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Tenant shall cause construction of the Communications Facility to be (c) commenced as soon as practicable after receipt of all necessary permits and approvals and to be completed within a reasonable time thereafter, not to exceed

one (1) year from receipt of necessary permits. Once its work on the Communications Facility is initiated, Tenant shall diligently and continuously prosecute such work to final completion (including obtaining all required inspections and approvals) in a timely manner in accordance with a schedule to be agreed upon by Landlord and Tenant. Such schedule shall limit construction activities to such days and times as Landlord reasonably may require to avoid any material and adverse impacts on the use and operation of the Site_ Tenant shall keep Landlord fully apprized of its progress, and of any events that might impact the construction schedule. If Tenant fails to perform its work in accordance with the schedule approved by Landlord, including any Landlord-approved revisions thereto. and if such failure threatens the safe, proper and timely conduct of school classes or other operations or uses of the Site, then Landlord shall have the right to

take all measures as it may deem necessary to avoid or abate any interference with such safe, proper and timely conduct of such classes or -other operations or uses. Landlord shall endeavor in good faith to give Tenant prior written notice before commencing any such measures and to coordinate with Tenant in determining the
measures that may be necessary, but Landlord reserves the unqualified right to take any and all measures that it may deem necessary to assure the safe. proper and timely conduct of other operations or uses of the Site. Tenant shall permit

Landlord's designated inspector full escorted access to all of Tenant's construction areas during normal business hours and shall provide such inspector access to all construction plans, drawings and other information reasonably requested.
(d) The Communications Facility shall be constructed by Tenant in a good and workmanlike manner and in accordance with the plans, drawings and specifications prepared and provided by Tenant for Landlord's prior review and written

approval, which approval shall not be unreasonably withheld, conditioned or delayed. Construction and installation of the Communications Facility by Tenant shall be in compliance with all applicable rules and regulations including, without limitation, the written specifications and requirements of Landlord previously made available to Tenant by Landlord and those of the Occupational Safety and Health Administration (OSHA), the FCC, the FAA, and regulations of any applicable governmental agency (town., county, state or federal) including, but not limited to the applicable requirements of the local planning and zoning and building, electrical, communications and safety codes of Montgomery County, Maryland. Tenant, at its sole cost and expense, shall secure all necessary permits and approvals required to permit the construction and operation of the Communications Facility. Landlord agrees to cooperate reasonably with Tenant in any necessary applications or submissions required to permit construction and operation of Tenant's Communications Facility as described herein, provided that Landlord shall be reimbursed for all expenses incurred in providing such cooperation within thirty (30) days of incurring the expenses, and provided further that obtaining Tenant's permits and approvals shall not result in the imposition of any material restrictions or limitations or adverse impacts on the Site or Landlord's use, operation improvement or redevelopment thereof. All of Tenant's work and facilities shall be installed free of mechanics', materialmen's and other liens, and claims of any person. Tenant agrees to defend, with counsel approved by Landlord, and to indemnify and save Landlord harmless, from all loss, cost, damage or expense including, without limitation, reasonable attorneys' fees, occasioned by or arising in connection with the work contemplated by this Lease, and shall bond off or discharge any such liens or other claims within thirty (30) days after written notice from Landlord.

Prior to commencing any activities on the Site pursuant to this Lease, Tenant (e) shall provide Landlord with evidence satisfactory to Landlord that Tenant and its contractors and agents who will be working on the Site are covered by insurance as required by Paragraph 20 hereof. (f) If Landlord permits a third party to place its antennae on the Monopole, Landlord shall. unless otherwise agreed between Tenant and such third party, require such third party to remit (in addition to any rent to which Tenant is entitled to receive from such third party pursuant to Paragraph 22 (e)) to Tenant its pro rata share (based on the number of users or antennae which the 'Monopole will support, as jointly determined by Landlord and Tenant) of the construction costs, and/or licensing fee and remit such sums to Tenant. Notwithstanding the foregoing, in no event shall Landlord have any liability to Tenant under this paragraph, and Landlord's failure to cause such sums to be remitted to Tenant shall not constitute a default hereunder, provided, however, that nothing in this Agreement and/or in any agreement between Landlord and such third party shall be construed to restrict any legal and/or equitable right or remedy of Tenant if such sums are not remitted to Tenant by such third party, including, without limitation. Tenant's right to terminate any agreement it has entered pursuant to which such third party is permitted to place its antennae on the Monopole. Tenant's antennae shall operate only in the frequency range approved by the (g) federal agencies. If Tenant wishes to use a frequency or frequencies other than the approved frequency, Tenant shall request Landlord's permission in writing prior to receiving a frequency change from the FCC or other governmental agency authorized to establish frequencies. Landlord may grant or withhold such permission in its sole but reasonable discretion. Without limiting the generality of the foregoing, it shall be reasonable for Landlord to (a) withhold consent if other antennae on the Site (whether or not owned by Landlord) are operating in the range requested by Tenant, (b) withhold consent if Landlord believes that its policy requiring co-location of transmitting antennae would not be served by permitting Tenant to expand its frequencies, and/or (c) condition its consent on the payment of additional rent. Nothing in this Lease shall be construed to limit Landlord's right to grant other parties the right to construct, operate or modify monopoles, equipment platforms or antennae on the Site (including the Monopole, it being understood that such other parties would have no right to modify Tenant's Monopole): provided, however, that such construction, operation or modification does not interfere with the operation of Tenant's equipment platforms, antennae or the Communications
Facility.

Tenant acknowledges thatL andlord rPqnirec on-_oration of qrvt- Pnnae located (h) I on the Site to the extent permitted by engineering and aesthetic limitations. Tenant agrees to design and construct the Monopole to accommodate at least two additional users and/or antennae. Tenant shall, upon Landlord's request, fence and buffer the Premises or any (i) portion thereof. If the Communications Facility is to be constructed near any existing structure or structures on the Site, Tenant shall (a) construct the Communications Facility so that it does not affect the structural integrity of the existing structure or structures and (b) provide Landlord, at its request, with a report prepared by an independent third party professional engineer confirming the structural integrity of the existing structure or structures following the construction of the Communications Facility. Tenant shall restore in compliance with the Federal Americans with Disabilities Act (ADA) (and any state or local law counterpart) any of Landlord's facilities physically altered by Tenant's work, only if the altered facilities previously complied with the ADA. Tenant shall not make further additions or improvements to the Communications Facility or the Premises without first obtaining Landlord's written consent, which consent shall not be withheld, conditioned or delayed unreasonably. Tenant shall install any electrical, radio, electromagnetic or other types of (j) protectors deemed required by the Landlord or its consultant(s) to protect the Landlord's property and equipment from interference, damage or adverse impact caused by Tenant's use of the Premises. Upon termination of the Lease, Tenant shall remove its equipment and (k) restore the Premises to their former condition, except for reasonable wear and tear and damage by casualty not caused by Tenant. At its expensei_Tenant shall remove the Monopole, replace it with a light pole compatible with the other light poles on the property, and reinstall the stadium lights and any other equipment belonging to the Landlord. (I) As long as the Communications Facility and equipment continue to serve as collateral of a third party financing entity, Landlord waives any lien rights it may have concerning Tenant's Communications Facility which is deemed Tenant's

equipment continue to serve as collateral of a third party financing entity, Tenant has the right to remove the same at any time without Landlord's consent. In the event that the Communications Facility or any of its associated equipment ceases to be subject to a security interest, Tenant shall provide Landlord with written notice thereof within thirty (30) days thereafter. (m) Landlord acknowledges that Tenant has entered into a financing arrangement including promissory notes and financial and security agreements for the financing of the Communications Facility (the "Collateral") with a third party financing entity (and may in the future enter into additional financing arrangements with other financing entities). In connection therewith, Landlord (i) consents to the installation of the Collateral; (ii) disclaims any interest in the Collateral, as fixtures or otherwise; and (iii) agrees that the Collateral shall be exempt from execution, foreclosure, sale, levy, attachment, or distress for any Rent due or to become due and that such Collateral may be removed at any time without recourse to legal proceedings as long as the Communications Facility and equipment continue to serve as collateral of a third-party financing entity. Notwithstanding anything to the contrary contained in this Lease, Tenant (n) shall have the option, in its sole discretion, to convey title to the Monopole to Landlord, subject to all other applicable terms and conditions of this Lease. In the event that Tenant exercises the foregoing option, by written notice to Landlord as provided in this Lease, the terms of Paragraphs 17 (1) and 17 (m) shall be deemed not to apply to the Monopole itself, but shall be deemed to apply only to the antennae, equipment, equipment shelter and other property of Tenant located at the Site in accordance with the terms of this Lease. (o) During the term of this Lease, and Notwithstanding anything to the contrary contained in this Agreement, Landlord may not sell, assign, mortgage, pledge, hypothecate, convey or otherwise transfer its interest in the Monopole without the written consent of Tenant. 18. INTERFERENCE. Tenant agrees to install and operate equipment of a type and frequency which will not cause radio frequency interference with other forms of radio frequency communications existing on Landlord's Parcel as of the date of this Lease. In the event Tenant's equipment causes such interference, Tenant agrees it will take all steps necessary to correct and eliminate the interference, consistent with appropriate government rules and regulations. upon receipt of written notification of the interference. If the interference is not corrected within thirty (30) days of receipt of notification (or such time as may reasonably be required with exercise of

due diligence provided such repairs are begun within said 30 days), Tenant will cease operation of the equipment causing such interference until such interference is cured. Landlord shall require that all future radio operators desiring to use this location will first coordinate with Tenant to ensure that their frequencies and antenna locations will be compatible with Tenant's so as to prevent harmful interference. Any subsequent tenants will be required to comply with the same conditions set forth in this Paragraph 18.

19.

INDEMNIFICATION. Tenant shall defend, with counsel reasonably acceptable to Landlord, and indemnify and hold harmless, Landlord from all losses, costs. claims, causes of actions, demands and liabilities arising from (a) any breach by Tenant of any covenant of this Lease; (b) any misrepresentation by Tenant and/or any breach by Tenant of any warranty of Tenant contained in this Lease; and (c) any occurrence arising from (i) Tenant's construction, installation, maintenance, repair, operation, replacement or removal of the Communications Facility or any other equipment, or any other activities of Tenant on the Premises, and (ii) the condition of the Communications Facility and Premises in any way related to Tenant's use of the Communications Facility of the Premises, including. without limitation, any personal injury, death, or other accident in any way related to Tenant's use of the Premises. Such indemnification shall include the cost of investigation, all expenses of litigation, and the cost of appeals, including, without limitation, reasonable attorneys' fees and court costs, and shall be applicable to Tenant's activities on the Premises whether prior to the Commencement Date or after the termination of this Lease. In addition to the Landlord, Landlord's board members, staff, officers, agents, servants, employees, volunteers, business invitees, customers, students, family members and guests shall be beneficiaries of the indemnification. This indemnification shall not be applicable to the extent of any negligence or willful misconduct of the Landlord, its board members. staff, officers. agents, servants, employees, volunteers, customers, business invitees, students, family members and guests.
INSURANCE REQUIREMENTS. All property of the Tenant, its employees. agents, business invitees, licensees, (a) customers, clients or guests, in and on the Premises shall be and remain at the sole risk of the Tenant. and Landlord shall not he liable to them for any damage to, or loss of such personal property arising from any act of God or any persons, nor from any other reason, unless such damage or loss is caused by the negligence or willful act or failure to act on the part of the Landlord, its board members. staff, officers, employees, agents or volunteers, nor shall the Landlord be liable for the interruption or loss to Tenant's business arising from any of the above described

20.

acts or causes, unless such damage, interruption or loss - is caused by the negligence or willful act or failure to act on the part of the Landlord, its board members, staff, officers, employees, agents or v olunt ee r s. The Landlord shall not be liable for any personal injury to the Tenant, its employees, agents, business invitees, licensees, customers, clients or guests arising from the use, occupancy and condition of the Premises unless such injury is caused by the negligence or willful act or failure to act on the part of the Landlord, its board members, staff, officers, employees, agents or volunteers. (b) During the term, Tenant will maintain a policy of commercial general liability insurance insuring the Landlord as an additional insured and Tenant against liability arising out of the use, operation or maintenance of the Premises and the installation, repair, maintenance, operation, replacement and removal of the Communications Facility. The insurance will be maintained for personal injury and property damage liability, adequate to protect Landlord as an additional insured against liability for injury or death of any person in connection with the use, operation and condition of the Premises, and including contractual liability, in an amount not less than THREE MILLION DOLLARS ($3,000,000.00) per occurrence/aggregate. During the term, Tenant shall also maintain workers' compensation, employers' liability insurance, and automobile liability insurance. (i) Worker's Compensation Insurance - Meeting all requirements of Bodily injury by accident: $100,000 each accident Bodily injury by disease: $100,000 policy limits Bodily injury by disease: $100,000 each employee (ii) Minimum Automobile Liability: Bodily injury: $500,000 each person/$1,000,000 each occurrence. Property Damage: $500,000 each occurrence, including owned, hired, and non-owned automobiles; or Combined Single Limit for Bodily Injury and Property Damage of $1,000,000 each occurrence. Insurance carried by Tenant will be with companies reasonably acceptable to (c) the Landlord. The Tenant will deliver to the Director, Department of Facilities Management, Montgomery County Public Schools, certificates evidencing the existence and amounts of the insurance. No policy shall be cancelable or subject to reduction of coverage below that required in this Agreement except after thirty (30)

days' prior written notice to the Landlord. Tenant shall, as soon as practicable following renewal or replacement of such policies (but in no event triore than thirty (30) days thereafter), furnish Landlord with renewals or binders for replacement policies, or other assurances that the insurance coverage has been renewed. Notvvithstanding anything to the contrary contained in this Lease, the failure of Tenant to maintain the insurance required under Paragraph 20 shall constitute an event of default requiring cure by Tenant pursuant to Paragraph 15 (b), and the coverage requirements under Paragraph 20 (b) shall not be deemed to limit Tenant's liability under this Lease.

(d) If Tenant desires to self-insure, Tenant shall submit a request to Landlord to be permitted to self-insure. Such request shall be accompanied by financial statements of Tenant audited by an independent. third party certified public accountant, and shall contain all relevant information regarding Tenant's selfinsurance plan. Tenant shall provide Landlord with such further or additional information as Landlord deems necessary in deciding whether to permit Tenant to self-insure. Landlord's decision whether to permit Tenant to self-insure shall be made in Landlord's sole and absolute discretion, shall be in writing, and shall be effective for a twelve (12) month period from the date of Landlord's approval of Tenant's self-insurance request, subject to the following provision. If Landlord permits Tenant to self-insure then (1) Tenant shall provide Landlord annually with updated financial statements, prepared as set forth above, for Landlord's review and approval, and (ii) immediately notify Landlord of any act or occurrence which might materially reduce Tenant's net worth or financial condition, or impair Tenant's self-insurance program. The Landlord shall be named as an additional insured on Tenant's liability (e) policies.
21. HAZARDOUS MATERIALS. Tenant shall not cause or permit any hazardous or toxic wastes, substances (a) or materials (collectively, Hazardous Materials) to be used, generated, stored or disposed of on, under or about, or transported to or from, the Premises (collectively Hazardous Materials Activities) without first receiving Landlord's written consent, which may be withheld for any reason whatsoever and which may be revoked at any time, and then only in compliance (which shall be at Tenant's sole cost and expense) with all applicable legal requirements and using all necessary and appropriate precautions. Tenant shall indemnify, defend with counsel reasonably acceptable to Landlord and hold Landlord harmless from and against any claims, damages, costs and liabilities, including court costs and legal fees, arising out of Tenant's

Hazardous Materials Activities on, under or about the Premises, regardless of whether or not Landlord has approved Tenant's Hazardous Materials Activities. For the purposes of this Lease, Hazardous Materials shall include but not be limited to oil, radioactive materials, PCBs, and substances defined as hazardous substances or toxic substances in the Comprehensive Environmental Response., Compensation and Liability Act of 1980, as amended, 42 U.S.C. Sec. 9601 et seq.: Hazardous Materials Transportation Act, 49 U.S.C. Sec. 1801 et seq.: and Resources Conservation and Recovery Act, 42 U.S.C. Sec. 6901 et seq., and those substances defined as hazardous wastes in the regulations adopted and publications promulgated pursuant to said laws. Subject to the foregoing provisions of this Paragraph. Tenant shall. prior to the Commencement Date, submit to Landlord for Landlord's review and approval, a list of Hazardous Materials Activities, including types and quantities, which list to the extent approved by Landlord shall be attached hereto as Exhibit C. Prior to conducting any other Hazardous Materials Activities, Tenant shall update such list as necessary for continued accuracy. If Tenant's activities violate or create a risk of violation of any legal requirements, such activities shall cease immediately upon written notice from. Landlord. Landlord, Landlord's representatives and employees may enter the Premises upon prior notice to Tenant at any reasonable time during the term to inspect Tenant's compliance herewith, and. if required under applicable law, may disclose any violation of legal requirements to any governmental agency with jurisdiction. The Landlord represents that: (i) it has not, and, to the best of its knowledge, and except for ordinary herbicides and pesticides used in normal lawn maintenance, it has not allowed or permitted any Hazardous materials to be used, generated, stored, or disposed on, under or about or transported to or from the Parcel in violation of any applicable law or regulation; and (ii) it will not, nor will it permit any third party to use, generate, store or dispose on, under or about, or transport to or from the Parcel any Hazardous Materials in violation of any applicable law or regulation. Landlord acknowledges that Tenant's equipment shelter shall contain (b) batteries for back-up power and that, provided Tenant's use of same is in compliance with this provision, the presence of such batteries does not violate this provision if such batteries comply with all laws, regulations and ordinances relating to Hazardous Materials. Tenant will immediately notify Landlord and provide copies upon receipt of all written complaints, claims, citations, demands, inquiries. reports, or notices relating to the condition of the Premises or compliance with environmental laws. Tenant shall promptly cure and. if feasible under the applicable circumstances, have dismissed with prejudice any of those actions and proceedings to the reasonable (C)

satisfaction of Landlord. Tenant will keep the Premises free of any lien imposed pursuant to any environmental laws. Tenant shall have the right, from time to time to submit written inquiries to Landlord with respect to the existence of any written complaints, claims. citations. demands, inquiries, reports, or notices relating to the condition of the Site or compliance with environmental laws. Landlord shall respond to any such written inquiries within fifteen (15) business days after receipt thereof by Landlord. In the event that any such written complaints, claims. citations, demands, inquiries, reports, or notices do in fact exist. Landlord also shall advise Tenant as to the current status of Landlord's efforts to comply therewith. If
Tenant determines that Landlord has not promptly cured the conditions leading to the issuance of any such complaints, claims, citations, demands, inquiries, reports or notices, Tenant shall have the right to terminate this Lease on thirty (30) days'

written notice to Landlord.

Landlord shall have the right at all reasonable times and from time to time to conduct environmental audits of the Premises, and Tenant shall cooperate in the conduct of those audits. The audits will be conducted by a consultant of Landlord's choosing, and if any Hazardous Materials generated, stored, transported or released by Tenant are detected that are not in compliance with local, state or federal laws (d)

and regulations or if a violation of any of the representations or covenants in

Paragraph 21 is discovered, the fees and expenses of such consultant will be borne
by Tenant. If Tenant falls to comply with any of the foregoing representations and (e) covenants, Landlord may cause the removal (or other cleanup acceptable to Landlord) of any Hazardous Materials from the Premises. The reasonable costs of

removing Hazardous Materials and any other cleanup (including transportation and storage costs) shall be reimbursed by Tenant within thirty (30) days after Landlord's presentation of invoices therefor. Tenant will give Landlord access to the Premises to remove or otherwise clean up any Hazardous Materials. Landlord, however, has no affirmative obligation to remove or otherwise clean up any Hazardous Materials, and this Lease will not be construed as creating any such obligation. 2/. ASSIGNMENT. Tenant may not assign this Lease or sublease the Premises without the written consent of the Landlord. Notwithstanding the previous sentence. Tenant may assign this Lease or sublease the entire Premises, without Landlord's consent, to Tenant's principal, affiliates or subsidiaries of Tenant or of Tenant's principal, or to any corporation, partnership or other entity which (i) is controlled by controlling (a)

or under common control with Tenant; (ii) shall merge - or consolidate with or into
Tenant; or (iii) shall succeed to all or substantially all the assets, property and business of Tenant. In the case of such permitted assignment or sublease, Tenant shall within thirty (30) days provide to Landlord (a) the name and address of the assignee, and (b) a document executed by the assignee by which it acknowledges the assignment and assumption of all of Tenant's obligations hereunder. In all other instances, Tenant may only assign or sublease its rights and obligations upon Landlord's written consent, which consent shall not be unreasonably withheld, delayed or conditioned. A condition precedent to each and every assignment or sublease shall be (1) that no default exists under this Lease as of the date of such assignment or sublease; (ii) certification by such assignee that it is in compliance with all applicable licensing requirements, including those of the FCC and other applicable agencies; and (iii) except in the event of a transfer permitted pursuant to the second sentence of this paragraph, Landlord shall be entitled to all rentals in excess of the rental hereunder arising from any such sublease.

(b)

For any assignment or sublease requiring the consent of the Landlord,

Tenant will, prior to entering into such assignment or sublease, submit in writing to Landlord (i) the name and address of the proposed assignee or subtenant, (ii) the business terms of the proposed assignment or sublease, (iii) reasonably satisfactory information as to the nature and character of the business of the proposed assignee, as to the nature of its proposed use of the Premises, (iv) banking, financial, or other credit information reasonably sufficient to enable Landlord to determine the financial responsibility and character of the proposed assignee or subtenant, and (v) the proposed form of assignment or sublease for Landlord's approval.

Notwithstanding anything to the contrary contained in this Lease and after (c) prior written notice to the Landlord, Tenant may assign, mortgage, pledge,
hypothecate or otherwise transfer without consent its interest in this Lease to any financing entity, or agent on behalf of any financing entity to whom Tenant (i) has obligations for borrowed money or in respect of guaranties thereof, (ii) has obligations evidenced by bonds, debentures, notes or similar instruments, or (iii) has obligations under or with respect to letters of credit, bankers acceptances and similar facilities or in respect of guaranties thereof. Except for any assignment or sublease permitted by this Paragraph 22, (d) Tenant shall not grant to or permit any third party to exercise any rights to install, operate or maintain communications or other equipment on the Monopole or the Premises without Landlord's prior written approval, which approval may be given,

ivs ithheld or conditioned on such terms as Landlord may require in its sole and subjective discretion. (e) Tenant shall be allowed to license space on the Monopole structure to other telecommunication providers who have received permission from Landlord to collocate their equipment and Tenant shall be allowed to retain all rents associated with such collocation. Tenant may not enter into a license agreement for the use of Monopole space unless the prospective licensee has obtained necessary approvals from the Landlord and the Montgomery County Planning Board. The parties agree that any licensee obtaining the necessary approvals shall negotiate a separate agreement with the Tenant for Monopole space and a separate agreement with the Landlord for ground space. 23. INSPECTIONS. Tenant shall allow Landlord or its agents access for the purpose of inspecting the Premises, and upon prior notification to Tenant. to enter the Premises or any part thereof at any reasonable time in a manner so as not to interfere with Tenant's use of the Site. Landlord shall be accompanied by a representative of Tenant. In addition, without notice in the event of an emergency, Landlord shall be entitled to enter the Premises or any part thereof in order to prevent injury to persons or property. Tenant shall at all times provide the Landlord copies of all keys needed to unlock all of the gates and locks to the fences in the Premises (but no keys to the Tenant's equipment cabinets). QUIET ENJOYMENT. Tenant shall be entitled to use and occupy the Premises during the Term hereof for the purposes herein permitted and subject to the terms and conditions herein contained, without molestation or interference by Landlord.

24

25. DAMAGE AND DESTRUCTION.

If the Premises or the Communications Facility are damaged or destroyed by (a) reason of fire or any other cause, or if damage to the Premises or the Communications Facility causes damage to portions of the Site or other property of Landlord, Tenant will immediately notify Landlord, and Tenant may, within thirty (30) days after such damage, give written notice of its election to terminate this Lease and, subject to the further provisions of this Paragraph 25, this Lease will cease on the tenth (10th) day after the delivery of that notice. Monthly rent will be apportioned and paid to the time of termination. If this Lease is so terminated, Tenant will have no obligation to repair or rebuild the Communications Facility, but shall comply with all provisions relating to restoration of the Premises and/or the Site, as set forth in Paragraphs 9, 13 and 17 (k), if such damage or destruction is caused by the negligence or willful misconduct of Tenant, its board members. staff.

officers, agents, servants, employees, volunteers, customers, business invitees or guests. This Paragraph 25 shall not affect Tenant's obligations under Paragraphs 19, 20 and 21 of this Lease.
(h) If Tenant chooses to rebuild the Communications Facility rather than

exercising its termination rights under Paragraph 25 (a), monthly rent and additional rent will not abate pending the repairs or rebuilding if such damage or destruction is caused by the negligence or willful misconduct of Tenant its board members, staff, officers, agents, servants, employees, volunteers, customers, business

invitees or guests.
Landlord shall have no responsibility to Tenant or any collocating tenants (c) for damage or destruction of the Monopole or any other collocation equipment which is damaged or destroyed by fire or other casualty un less such damage or destruction is caused by the negligence or willful actions of Landlord. its board members, staff,
officers, agents, servants, employees or volunteers.

26.

CONDEMNATION. If all or any part of the Premises is taken by eminent domain or sale in lieu thereof, and if said taking or sale renders the Premises unusable for its intended purpose hereunder, then, at Landlord's or Tenant's option, this Lease may be terminated and there will be no further payment of rents except that which may have been due and payable at the time of said taking or sale. In the event of a partial taking or sale and Tenant, subject to mutual agreement with Landlord, wishes to maintain its operation, Tenant may continue to use and occupy the Premises and Landlord shall reduce the rental on the Premises by an amount proportionate to the part of the Premises taken by eminent domain sale or other such legal action, and provided Tenant, at its sole cost, restores so much of the Premises as remains to a condition substantially suitable for the purposes for which it was used immediately before the taking. Upon the completion of restoration, Landlord shall pay Tenant the lesser of the net award made to Landlord on account of the taking (after deducting from the total award attorneys', appraisers', and other costs incurred in connection with obtaining the award), or Tenant's actual out-of-pocket cost of restoring the Premises, and Landlord shall keep the balance of the net award received in connection with any taking subject to this paragraph.
BINDING EFFECT. This Lease shall bind and inure to the benefit of the parties hereto and their respective successors and permitted assigns.

27.

28.

RECORDATION. Either party may record this Lease or a Memorandum of Lease Agreement in the county land records, but such recording shall be at the sole expense of the requesting party and shall not burden the other party. NOTICES. All notices, payments, demands and requests hereunder shall be in writing and shall be deemed to have been properly given when mailed by United States First Class, Registered or Certified Mail, postage prepaid, or by reliable overnight courier, and addressed to the Landlord as follows: Board of Education of Montgomery County 850 Hungerford Drive Rockville, Maryland 20850 Attn: Director of Facilities Management with a copy, which will not constitute notice to: Reese and Carney, LLP 255 North Washington Street, Suite 505 Rockville, Maryland 20850 and to Tenant as follows: T-Mobile Northeast LLC 12920 SE 38th Street Bellevue, WA 98006 Attn: PCS Lease Administrator with copies, which will not constitute notice to: T-Mobile Northeast LLC 4 Sylvan Way Parsippany, NJ 07054
Attn. Lease Mgmt. Dept.

29.

T Mobile Northeast LLC 360 Newark-Pompton Turnpike

-

Wayne, NJ 07470 Attn: Lease Mgmt. Dept. or to such other addresses as either of the parties may designate from time to time by giving written notice as herein required.

30.

WAIVER. No waiver by either party of any breach of any covenant, condition or agreement contained herein shall operate as a waiver or the covenant, condition or agreement itself or of any subsequent breach thereof. ENTIRE AGREENIENT. This Lease contains the entire agreement of the parties and their commitment to the terms hereof and may not be amended, altered or otherwise changed except by subsequent writing signed by the parties to this Lease. Notwithstanding anything to the contrary set forth in this Lease. Landlord and Tenant agree that the following provisions of this Lease shall not be applicable if Tenant is not constructing a monopole, tower or other structure or replacing and existing light standard with a monopole, tower or other structure: (i) the portion of the second sentence in Paragraph 1 from - structure" through the end of such sentence; (ii) Paragraph 10 (0; (iii) Paragraph 17 (a) i; (iv) Paragraph 17 (a) vi; (v) Paragraph 17 (f); (vi) Paragraph 17 (h); (vii) the final sentence in Paragraph 17 (k); and Paragraph 17 (n). Any term or condition determined to be unenforceable or of no legal effect shall be severable and have no effect on the remaining provisions of this Lease.

31.

32.

GOVERNANCE. This Lease shall be governed by. construed and enforced in

accordance with the laws of the State of Maryland. CONFLICTS. Each party represents and warrants that no officer, employee or agent of its organization has been or will be paid any sum or offered any gift, gratuity, employment or other consideration by or from the other party, its affiliates or agents in connection with assistance in obtaining, arranging, negotiation or continuation of this Lease.

33.

IN WITNESS WHEREOF, the parties have caused this Lease to be signed by their authorized representatives.

WITNESS:

FOR: BOARD OF EDUCATION OF MONTGOMERY COUNTY

'

Superintendent of Schools

TENANT: TMobile Northeast LLC

By:

Title:

KEVIN FORSHEE ECHNICAL DIRECTOR

STATE OF MARYLAND, COUNTY 0

wit:

, 2006, before I HEREBY CERTIFY that on this;-4, day of me the subscriber, a Notary Public in and for the State afor aid, personally appeared , as representative for Montgomery County Public Schools, who "Vtitai made ohth in due form of law, under the penalties of perjury, that the matters and facts set forth in the foregoing document are true and correct to the best of his/her personal knowledge, information and belief, and that he/she freely and voluntarily executed this document for the purposes therein contained.

AS WITNESS: my hand and Notarial Seal.

My Commission Expires:

STATE OF MARYLAND COUNTY OF0L`''/A -r to wit: day of 1\'EA-A-i I HEREBY CERTIFY that on this , 2006, before me, the subscriber, a Not ar y Public in and for the State aforesa personally appeared t of T-Mobile Northeast LLC, who made oath in due form of law, under the penalties of perjury, that the matters and facts set forth in the foregoing document are true and correct to the best of his/her personal knowledge, information and belief, and that he/she freely and voluntarily executed this document for the purposes therein contained. AS WITNESS: my hand and Notarial Seal.

Jon,c3\7-'
My Commission Expire DEBRA TEMPLEMAN Notary Public Howard County
MARYLAND pirss r)ez-7ernber 01, 2008 My Commission - zrckaorugboe, 5...21001.0b2,1514=m,yelm

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EXHIBIT A-I [Site Drawing Showing Property and Premises] The location of the Premises within the Property (together with access and utilities) is more particularly described and depicted as follows F U11 equipment to he installed in the future not depicted):
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[Map Showing Non-Exclusive Right-of-Way]

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EXHIBIT C HAZARDOUS MATERIALS ACTIVITIES - TENANT Batteries, Battery Gel, Petroleum

EXHIBIT D

SCHOOL HOURS 7:00 a.m. 7:00 p.m. Monday Friday

COMMUNITY USE For permission to enter the Premises after school and on weekends, the Tenant shall contact the County Office of Community Use of Public Facilities [(240-777-2706] regarding their schedule of activities.

EXHIBIT E

RIGHT OF ENTRY AGREEMENT RE: T-Mobile Northeast LLC RIGHT OF ENTRY AGREEMENT THIS AGREEMENT made this day of , 200 , by and between Montgomery County Public Schools (hereinafter the "Grantor"), 850 Hungerford Drive, Rockville, Maryland 20850, and T-Mobile Northeast LLC, 12050 Baltimore Avenue, Beltsville, MD 20705 (hereinafter the "Grantee"). WITNESSETH: That in consideration of mutual benefits accruing to all parties Grantor does hereby grant to Grantee their servants or employees, the temporary right to enter onto a portion of Grantor's property, known as Parcel P939 on Montgomery County Tax Grid GT61. Said property is known as the Magruder High School, located at 5939 Muncaster Mill Road, Rockville, MD 20855, for the purpose of traversing a portion of the Magruder High School to conduct tests for a telecommunications facility. The area of this Right of Entry is more particularly as shown highlighted on the drawing labeled Exhibit "A," attached hereto and made a part hereof.

This right of entry agreement shall commence on

and terminate no later , 200 , 200 . In accordance with the following special conditions during the than term of this agreement, Grantee hereby agrees to: 1. Perform all work within the limits of the defined area in accordance with local government specifications, including the obtaining of all required licenses and permits, evidence of which shall be provided to Mr. Richard G. Hawes, director, Department of Facilities Management.
2. Indemnify and sane harmless (;ranter, its acents and employees against all

liability, claims and demands for personal injury, property damage or other expenses suffered or arising out of or caused by any act or omission of Grantees, their servants or employees, due to their entry onto Grantor's property. 3. Guarantee that contractors and/or assigns provide and keep in force and effect until the termination of this agreement the following insurance with insurance company/companies licensed and qualified to do business in the State of Maryland.

The Grantees must suLDmit to the Director, Department of Facilities "vial

tcayl I

It, a

certificate of insurance. Said insurance shall protect the Grantor from any claims arising from the Grantees or the operation of their subcontractors or by anyone directly or

indirectly employed in the work by any of them under this Agreement:

(a) Worker's Compensation. Meeting all requirements of Maryland law and with the following minimum Employer's Liability limits:
Bodily injury by accident $100,000 each accident Bodily injury by disease: $500,000 policy limits

Bodily limits by disease: $100,000 each employee ,

(b) Commercial General Liability. Minimum one million dollars ($1,000.000) combined single limit for bodily injury and property damage per occurrence, including the following coverages: contractual liability, premises and operations, independent contractors, underground explosion and collapse hazard, broad form property damage and personal injury. (c) Minimum Automobile Liability. Bodily injury: 3500,000 each person/$500,000 each occurrence. Property damage: $500,000 each occurrence, including the following: owned automobiles, hired automobiles and nonowned automobiles. (d) Additional Insured. The Grantor must be named as additional insured on all Commercial, General and Minimum Automobile Liability Policies. (e) Policy Cancellation. Thirty (30) days written notice of cancellation or material change in any of the policies is required. (f) Certificate Holder:
Montgomery County Public Schools do Department of Facilities Management 7361 Calhoun Place, Suite 400 Rockville, Maryland 20850 Attention: Richard G. Hawes

4. Restore disturbed areas as near as possible to original condition. 5. Enter the site at a time approved forty-eight (48) hours in advance by the

principal. Accordingly, the parties hereto have the day and year first above written. WITNESS:
r-2;1ca.r

this

rlr '= e

ment to ':.)e executed as of

FOR: Montgomery County Public Schools (Grantor)

By: Richard G. Hawes, Director Department of Facilities r'vlanagement

T-Mobile Northeast LLC (Grantee)

By: Kevin Forshee Technical Director

MRY-15-2205 29:05 FROM;

TO: 9301275...5 (.5

P. 3/3

Montgomery County Planning Board kzenda 3.

June 10, n04

Mandatory Referral No. 04501-MCPS-1: Magruder High School Stadium Monopole

5939 Iviuncaster Mill Road, DI-wood, RE-1 Zone, Upper Rock Creek Area Master Plan

Staff Recommendation: Approval with comments.

ROARD ACTION Motion:

Vote:
Yea:

BRYANT/PERDUE
5-0

Nay: Other:

APPROVED STAFF RECOMMENDATION TO iRANSMIT A RECOMMENDATION OF APPROVAL, TO MONTGOMERY COUNTY Pl_71311C SCHOOLS FOR THIS MANDATORY REFERRAL. APPLICATION FOR THE REPLACEMENT OF ONE LIGHT POLE AT THE OUTDOOR ATHLETIC FIELDS WITH A 120 FOOT HIGH POLE, TO BE USED AS A MONOPOLE SITE FOR -NST_AiL_A_TION OF NINE ANTENNAS AND POSSD3LE SHARED USE; CONCURRED LN STAFF'S CONCLUSION =RE IS NO APPRECIABLE IMPACT ON MEE ENVIRONMENT AND NO PEAK HOUR IMPACTS, THUS THE APPLICATION MEETS-APPLICA3TENVIR-ONNEENTTAL-STA.NDARDS-AND- GUIDELLNES- - AND APPLICABLE GIMELINES FOR ADEQUATE PUBLIC F.ACMITIES; FURTHER NOTED THE REMAINING STA.DIUM/FIELD LIGHTS AND PUBLIC ADDRESS SPEAKERS ARE TO REMAIN AT THE 75 FOOT LEVEL.
Action:
-

Mr. Ed Donahue, representing the ]essee, T-Mobile, accepted the staff rt,commendation.

Pane 3 of 3

14:1 Y-1S-233S" 09:06 P7CM: '

70:S3012793777

P.2'3

THE FMARYLAND-NATIONAL CAPITAL PARK AND PLANNING COMMISSiON

E7S7 Georgia Avenue Silver- Spring, Mer-yland 205210-37S0

II

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.A.PPROVFD
lvfINTES

(301) 495-4615

The Montgomery County Planning Board met in regular session on Thursday, June 10, 2004, at 9:30 a.m. in the Montgomery Regional OM= in Silver Spring, Maryland, and adjourn ed at 6:05 p.m. Present were Chairman Derick P. Berlage, Vice Chair Wendy Collins Perdue and Commissioners Allison Bryant, John Robinson, and Meredith Wellington.

COMMISSIONERS' REPORTS Cornrnissioner_W_ellington_reported on the Moro.gomer County Parks Foundation Annual Golf Tournament held Monday at Little Bennett Golf Course in upper Montgomery County. The Commissioner reported it was a gorgeous day, the Commission's team made par, and the tournament was a big financial success. Chairman Berlage commended Department staff who worked on or contributed to the success of the staff's Annual International Food Festival. This occasion is not only a culinary delight, noted the Chairman, but also a terrific opportunity to celebrate the diversity of the community and the Commission staff Commissioner Robinson reported that at a Sunday evenini; banquet of the Allied Civic of thg comm unity Association, which hc attended, Cr-LI -cc awards were presented to rner .-11. and/or the government in recognition of work on behalf of the County. This year's recipients, for projects that have been "near and dear to the Planning Board's 1.1e.art for sometime," the s---workSprirg-R-6gtonal-Services-eentar-,-for' his Commissioner on the Silver Sprinp, Redevelopment project; Dan Wilhelm, a civic volunteer, for his work on bus transportation issues and contributions as a member of the Transportation Planning Report 7 ornmi;tee., and Dan Maier, a civic volunteer, for his work on South Silver Spring revitalization. DIRECTOR'S P'PrIRT There were no Director's reports.

IsPA

items 1 through 9 are reported on the attached agenda.

r.4.7-itgornery

County Planning "oar-cf

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MCPB Item # 5 6/10/04

NE MASNAND-NAMPsLk_ CV-PrZAL PARK AND PLAWNS COMPI/SSO)V

ears

June 3, 2004 MEMORANDUMMANDATORY REFERRAL TO: VIA: Montgomery County Planning Board John A. Carter, ChieOle Community - Based P a nning Division Khalid Afzal, Team Leader rt0,, Georgia Avenue Planning Tea ' FROM: Frederick Vernon Boyd, Community Planner (301/495-4654) .\- 7'-.\', Georgia Avenue Planning Team

SUBJECT: Mandatory Referral 04501-MOPS-1: Magruder High School Stadium Light PolarTelecommunications Antenna Replacement Project - 5939 Muncaster Mill Road, Derwood; Upper Rock Creek Area Master Plan

RECOMMENDATION:
PROJECT SUMMARY

APPROVAL

Montgomery County Public Schools proposes, in cooperation with Omnipoint Communications CAP Operations LLC, to replace one existing stadium light pole at Magruder High School with a replacement light pole that would hold stadium lights as well as telecommunications antennas belonging to Omnipoint's parent, T-Mobile Wireless. The existing 75 foot pole would be replaced by a 120-foot pole.
-

E SITE
Colonel Zadok Magruder High School is located on a 30-acre site on Muncaster Mill Road, a short distance south and east of its intersection with Needwood Road. Adjacent to the property on the north, east and south is land currently farmed. This property, known as the Casey property, is recommended in the Upper Rock Creek Area Master Plan for residential development in the Rural Neighborhood Cluster (RNC) Zone. Figure 1 shows the site. Magruder High School opened in 1970, was expanded in 1975 and in 1995. A mandatory referral for an 18-classroom addition was approved in 1999 and subsequently completed. The school occupies about 295.500 square feet. Its enrollment in the 2003-2004 school year was 2,205.
MONTGOMERY COUNTY DEPAKTMENT Of pAiv< AND PLANNING, 8787 GEOR'.7.1A AVENUE, SILVER SPECNC, MARYLAND 20910 www.rn ncppc.org

PROJECT DESCRIPTION
Maaruder's football/soccer fields and track facilities are located on the western side of the campus and are separated from Muncaster Mill Road by a parking facility. They are

currently illuminated by four light poles, each 75 feet high. MCPS proposes to remove one of the light poles and replace it with a 120 - foot - high pole. The lights and public address speakers would be replaced at the 75 foot level. At the top of the pole. TMobile would install nine antennas, each about six feet long. T-Mobile would install
-

electronic equipment related to the antennas on a concrete pad under the stadium bleachers and surround that equipment with a chain link fence. The area used for the

electronic equipment totals about 600 square feet. Figure 2 shows the location of the proposed monopoly; Figure 3 provides a detailed drawing of the monopole; and Figure 4 depicts the location of associated electronic equipment. T-Mobile's submission to the Montgomery County Tower Committee indicates that the proposed antennas will provide phone service along Muncaster Mill Road between Norbeck Road (MD 28) and Woodfield Road (MD 124) and to alleviate gaps in service that occur along the road, especially between Old Mill Run and Emory Lane. The proposed monopole is designed to accommodate as many as three wireless carriers. While the Tower Committee did not report interest from other carriers, T-Mobile asserts in its written submission that a second carrier has approached MCPS and expressed interest in co-location at the Magruder site. The proposed monopole site would be unmanned. Existing driveways would be used to reach the site for maintenance visits that T-Mobile expects to occur no more than twice a month. T-Mobile is proposing no additional access roads and its site would not affect e)dsting pedestrian or vehicular circulation systems. The proposed location of the new monopole is more than 900 feet from the nearest residence, across Muncaster Mill Road from the high school. The location is more than 1000 feet from rooms in Casey House, a hospice located at the intersection of Muncaster Mill and Bowie Mill roads. ANALYSIS Master Plan The Upper Rock Creek Area Master Plan, approved by the Montgomery County Council in February 2004, and adopted by The Maryland-National Capital Park and Planning Commission in April 2004, makes no recommendations for the Magruder High School property. It makes detailed recommendations for a property immediately adjacent to the school. As noted above, the Plan recommends the Rural Neighborhood Cluster zone for the 336-acre parcel. known as the Casey property, and sets a recommended density of about one dwelling unit for every three acres. The Plan also specifies a number of design guidelines for development of the property, most notably specifying that residential development should be concentrated away from stream valleys in upland areas, which means that development is likely to occur on parts of the property near Magruder's campus. In addition, the Plan recommends that the Casey property be 2

CONCLUSION

The proposed project has no appreciable impact on the environment and so meets applicable environmental standards and guidelines. It has no peak hour traffic impacts and therefore meets applicable guidelines for adequate public facilities. The Department recommends approval of this mandatory referral.

FB:ha: j:\team 5\magrudermandrel Attachments Vicinity Map 1. Site Plan 2. Tower Detail 3. Equipment Detail 4. Environmental Planning Unit Memo 5. Transportation Planning Unit Memo 6.

ATTACHMENT 1

MAGRUDER HIGH SCHOOL

k.44; cornpfiee en June 02, 2004 at 332 PM &ft iocateo an base sheet no - 222NW015 Date of Orthoisnotos session 2002 1. Ortnoohott inucebt Licenser , Von" VAN,TS

NOTICE
The criarumertric property, and t000graphIc information shown on th:c map n based on co brftghted Mae Produces from the MontarmerY Co; ntY DOPertmerd Of Park and Planning of The Macv4nd - 144Monal Capstai Park and Ptennong Cornrriss400. and may net be corned or reproduced without written permission from fol--NCPPC PimTv 1-eAtt a.a CtlerV telld by aerustirra the property arras t s topography mrateri from aimed onorooraprn , ape srootaci riot be brewprated al stewso phovostrarninetne met-Res:1sactual field iLtfloW5_ Plan:metric feeturee were eompaed from 1:14-400 s ue urr Thcs map is cteated from a variety of date sources, and may not reqect the rnt:31 cent cOrlOnl-nrd el ant one ioCenon and may not be CornOettelY 114Ctalne or tel w data Ali mac t elitUfel ere apprawarnrrety wrEnet frur tool or two: rue .00rtior.. The oleo rftry not be the of trsis map other Man tor same feet Man Of VII same areas plorted rt art earlier !irtsc ei Th8 danil is cOrThhtla-dthi Ls:slated general pronrung pur-pnees is runt FlICCIrrtmersOed aopynpnt 19SO

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MONTGOMERY COUNTY DEPARTMENT OF PARK AND PLANNING

- 1 THE bLARYLkND-IN A_TION AL CA.PIT.A1 PA.RX. A.ND PLA, INING COMMISSION g777 Carorrit Mame Sieve Song. rern4oner 1aPr 04766
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ATTACHMENT 3

PR:P:)SFT.. ?i,40.0PIDN'T 417E614A. PLATFORN AND AgrE4NAS -;

PROPOSED 120' LiCl-fr POLE REPLACE1ENT 'MN RELOWED LIGHTS AND SP EACRS.

ExISTINO 75. LIGHT POLE TO BE REmOvED. LC1.ITS 1k SPEAKERS TO BE RELOCATED TO NEW POLE.

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MOMIRLJDIER HIGH SCHOOL 593 9 N1UNCASTER ROAD ROCKviLLE, NIM 2 0 8 5 5

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EXISTING I-BEAM SUPPORT FOR BLEACHERS (TrP)

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PROPOSED CHAN UPC FENCE (31r-6"x15) PROPOSED LWOW RADIO CAEINET (Tw) PROPOSED ONNPOINT TDIL20. CO C. PAD-\ PROPOSED CSC CAWET ON CONC. PAD PROPOSED 24%36' TELCO PILL BOX PROPOSED UTUTY BACP3CARD PROPOSED PPC
EXISTING BLEACHERS (ABOVE)
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BE INSTALLED IN THE FUTURE - NOT DEPICTED

OMNIPOIPIT COMMUNICATIONS

CAP OPERATIONS, LLC

WAN u 71 LEASE EXHIBIT

MCGRUDER I-4113H SCHOOL 5939 W.; INICANTER ROAD ROCKVILLE,

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ATTACHrOENT 5
MONTGOMERY COUNTY DEPART ENT OF PARK AND PLANNING THE MARY LAND-NAT1ONAL CAPITAL PARK AND PLANNING COMMISSION
8787 Georgia At Mite Silver Spring, Micryland 20910-3760

MEMORANDUM
DATE: TO: June 2, 2004 Fred Boyd, Community Based Planning Division

VIA: FROM:

Mary Dolan, Countywide Planning Division, Environmental Section

Marion Clark, Countywide Planning Division, Environmental Section

SUBJECT: Mandatory Referral No. MR-04501-MCPS-1 Magruder High School Monopole

The Environmental Planning staff has reviewed the referral referenced above. Staff recommends approval of this mandatory referral. Forest Conservation This site has an approved Natural Resources Inventory; Forest Stand Delineation (NRI/FSD). An exemption of the Forest Conservation Law has been granted because the proposal is a modification to an existing use that is clearing no more than a total of 5,000 square feet of forest; does not clear forest within a stream buffer or on property subject to Special Protection Area Water Quality Plan requirements; and does not require a new subdivision plan. The plan is not subject to requirements for a Tree Save Plan because no specimen trees will be removed or have greater than 30% of the critical root zone impacted. Water Quality This site is located in the Lake Needwood subwatersheds of the Upper Rock Creek watershed. County Council just designated this area of the Upper Rock Creek watershed a Special Protection Area. A Water Quality Plan is not required, however since this proposal does not disturb more than 5000 square feet. The Countywide Stream Protection Strategy classifies this as a Watershed Restoration Area with fair stream conditions and good habitat conditions. There is a low imperviousness overall, however the take is eutrophic and recreational facilites

have an impact.

Environmental Guidelines This proposal is not within the Patuxent River Primary Management Area. The site is not encumbered by environmental buffers such as; floodplain, stream valley wetlands. There are no steep slopes.

ATTACHMENT 6
MONTGOlvERY COUNTY DEPARTMENT OF PARK AND PLANNLNG

TI:P. MARYLAND-NATIONAL CAPITAL PARK AND PLANNING COMMISSION

8787 Georgia Avenue Silver Spring, Maryland 20910-3760

June 3, 2004

MEMORANDUM
TO: Fred Boyd, Senior Planner Community-Based Planning Division Daniel K. Hardy-, Supervisor Transportation Planning Ed A.xler, Planner/Coordinator Transportation Planning

VIA:

FROM:

SUBJECT: Mandatory Referral MR 04501-MCPS-1 T-Mobile Telecommunication Facility MCPS Colonel Zadok Magruder High School Rock Creek (Rural) Policy Area

This memorandum is Transportation Planning staff's adequate public facilities review of the subject mandatory referral. FINDING no transportation-related requirements associated with the telecommunication facility located on Montgomery County Public School's property.

Transportation Planning. staff has

The proposed telecommunication facility will be unmanned with only one or two monthly maintenance visits by one or two technicians most-likely traveling in the same vehicle. Therefore, the proposed telecommunication facility will -not generate peak-hour vehicular trips during the weekday morning peak period (6:30 a.m. to 9:30 a.m.) and the evening peak period (4:00 p.m. to 7:00 p.m.). Staff therefore finds that the proposed telecommunication facility satisfies the Local Area Transportation Review and Policy Area Transportation Review tests and will have no adverse effect on area roadway conditions.

DISCUSSION Site Location, Vehicular Access. and Pedestrian Facilities The proposed telecommunication facility is on Montgomery County Public School's Colonel Zadok Mauuder High School, Parcel P939. The school is located northeast of Muncaster Mill Road (MD 115) and southeast of Needwood Road. The vehicular accesses would be the existing four site access points from Muncaster Mill Road. The proposed mandatory referral will not adversely affect the existing pedestrian access. Master Plan Roadways and'BikewaYs According to the Upper Rock Creek Area Master Plan, the master plan roadways and bikeways are as follows: 1. Needwood Road is designated as an east-west two-lane primary residential street, P-8, with a 70-foot right-of-way and a Class I bike path. Muncaster Mill Road (NO 115) from Redland Road to the North Branch of Rock Creek is designated as a north-south two-lane arterial, A-93, with an 80-foot rightof-way and a Class U bike path._ The Magruder Bikeway is recommended as a connection between Rock Creek and Shady Grove and includes bike path connection designated and built as part of the development of Casey Property to serve Colonel Zadok Magruder High School. Local Area Transportation Review Local Area Transportation Review is not required because the mandatory referral for the proposed telecommunication facility does not generate any peak-hour vehicular trips during the weekday morning and evening peak periods. Policy Area Transportation Review The Rock Creek Policy Area is one of the five rural policy areas with no assigned staging ceilings for jobs or housing units under the current FY 2004 Annual Growth Policy. Under the FY 2005 Annual Growth Policy to be effective July 1, 2005, Policy Area Transportation Review would be no longer applicable. EA:gw

rrano to boyd re rrr 04501-rncps-1-1-moblie telecom fat

EXHIBIT F

DECISION OF MONTGOMERY COUNTY PLANNING BOARD

DE R
Dangles
rOVICry

1:-.N -r OF TRCH 01_0(1Y SE RV lc Es

,:f

DL' t :RP

Alismine L 'OWN C
!aloes, 441:o* tit firer

fENJOILANDI.'\,1 Februar). lg. TO. rikON,d; 1)1Lribution Robetv P. Hunnicutt, Tower Cixrdinurrir . i2ssiori Trice-mrirounieznims Trannri

zo-i4

Grzitip tTTFCCi)

SUBJECT: Notification fif Action

At its Meettne of February lq. 2004. the Mont2wnery Count!" TTFCC3 vcro:d to recarruncriti the

folicrihin4 vpliceiors: T-Nl&ite ar,iiczicin

munol.-vic it.xmlrd
CleOntia ACCILIbe n

1enef_.1 of an KiStirit! Ica iTut..11 ;lint 7 antennas at the XL the Sand?, Spricg Vcvlemeer Fin Department Bon ar 1 ,5913 Ruckiiille 044 ication g .ICX)40:1-43

T-Mobcle aprilimitin to construct a new i:U' moinopvic to n.-piaLe an existiDg 75 uthltdc field light at Ma gruder High SchDol 14.)cnt at 5 ,)39 Munctia;ter Mill Raid in Rockville A.pplication ;422oao2-021. Cingular wh firs applk.Lion to '.nsta.11 :weive 48 riter.nas at the 54'. 56' ubd 62' levet! un L c mof of the Pog.ai Training Facility toc..ved at 10130 De:m.1=w.! Botilev/ni am Potorna- (Applicntion '`2044!. 2 -4K

T-Mobile uppliattion to iristztil nine 48" nutt:nnas af. the 45' irve! on the roc:f uF m misting = 5' Coircvood Ccnia building 10 at 3: 10t30: L:..)clo.vooti Drive in Siiver Spring (ApplitmtiVri 4'200402-05 ;.

101MIL71.01 Am f vat art ifacall

smar. !UM Samiinc7.3104.1zipi V 'CI weir MI6 V .

fps Nt ry tend ve & Setts :f41. Riot-v.0k, i1 en lire 2 ",-10ki t 7--t!, f 14/0- 775- :211K
-

OfFter. si s shk

t *moan it_ntinst

EXHIBIT G -1
r-771?_p_r on

DCIT

ICY rrN41
EGN

POLICY

BOARD OF EDUCATION OF MONTGOMERY COUNTY

Related Enoles; Responsible Office.St.:7pc:-71 7e- Se iris -

TelecommuniCztions Transmission Facilities

A. PURPOSE

"rj dualas s.

ice=-'

wirich the Scar42r-Laucanc.r.,

..tncernia-c; appiic..r.s to plane prn. -aze . wl-Ail by lie Board of -1.ducaron

S. ISSUE

and make cie.c.sicns faciiries

There har-e been rque-3%3 ro place privaw teiez.1==.1.41- -=tions tran=ieSiOr. :awes 4res pw-riett b' the B-34rd of 11.-.iithm7.:cr.. Federal ,a_nd =claw La7.- # prpFitie :for ilich ria 'with wi.ch o c.-.-?r-sid..er of Ed=azIon aeei, piacemente. The ini2livn to provide a saie az1d system's requests without crat.prrriir.g be If every student. suvpor*thvel environment th academic
C. PCLSMON

The Board of Ila,canon supports &2-dersi and wur.ry ledeisinton relarLag t the ..r.fara.st-acture of modern Lt1bCor=a-LLILir-2 o.ons 3sterts and wishes to implement Wiese laws without contrtemining the primer.: mission of the orePt?=fration which is ao provide a safe end suppordre envizonmienz for the academic sate af Even- student.
,

.1 Factors such as sit size, compatability with the catclty's Nia....zr.er Plan and=lino sire pug (including :t7 development plan, impact an school operataz as, sthool aid school personnel and neighborhood cizzeasa cc =erns), compe.n.sadon. and the ability to co-locate teleminzatmication farliciss at the site shall all be cxisidered when -achool ,;rroperz-, Sp ed.:Sally, the ev3luaring sites fr. mieozalmurdeadorts following criteria will be corisiciema in the e-..-plua6on pr>posals: wtth.rziers.1 and =u.r.117 legislator, as den:Lor--:-trated .f.) Conformance of the pt :pc in the muzzy's Teleoommuniondons Transmigs-n-on Factor` ring G re up's =CM recommendzIdon and the Maryland-National Capital Park and Planing Commission avi-NCPPC) report. b) Tele=inzaunitations Tirov.iders other vendors andlor i"now st-f purst.nt Cvi cn-loca.non

of 3

EXHIBIT G -2 CURRENT BOARD POLICY ECN

ECN

Telecn=uazinar.onz pr:-.rvzders ==r hare a Ir.--r..,;-rant.ge =a5-..er pia for f.tiraria zeiecommurficants rr3itnrrt 4 c L facdites throushout :he ..--ocz
-

4-.act . th.e school Sire and operations base ,' on in.put fro= licnixsi staff.?Ts- -k, =moat:mit:7 grocps. and taclines naff. These =asiderations should incluc. ze following! shaLl be =rt_dervd unies.s it =Letts the 3 ca eage. se hacz requi_rernenta
-

No

7: t,

stand..sri '

nY

pr ace structure sh..aL be biace_d sc.:nooi Si-2.=.1ess sp eczzica_ay --arms of eye lease ner.-idad and avreed mLI:.
= sac:* all 5aie: arld hea:th. recuarements set tt..h a hr t.._ sta, and aount7 -...c-des and rezuiarar.. an. aezrhe=2Lay

3 An7-7 proposed iaszarlaz.an

I ;

Any proposed ir.ST.Z.1.1.112.0U =u.sz be az---aizectmr-411:7 c..ompazibie wi:h the sL..hool ste
-

Fr:1- applicaor:s in-natt ing ww monopoles or =Avers. :ha applica.nt rnal, the --tg pots:tr.:4112y affeatd ;xmmunizzies proposal responkhie for nod-Scan.= of

ail not cbropt normal per -anion .s., 6) aistariadat4. and 1.1-a arr.v-itnes =diem cu=n-u7.73C ities as deter=ined by the manager
The aaalicaat shall be a. :e

schoai us-tem

fbr Labiliry and and related be in.stallation and opera= n- Tbzs would =aintanance arising from taclude related upkeep, repair. and appearance of the tower, monopole. -f% enclosed grounds and fenag, and prorxision for its equipment buildiri,_.

re ova.,
e)

insmilazions of oarapiiant with contmcmr:11 Demonstrated record in crther 3;^'_-Cements and Elm.=W ztraiaztry standards. I= the event of the .cntzumutt.ications company's ' ,74r7.-uptcy, a scfident bond is in TA= to cover ..1.. the ce:ist of removing the tranmmnissionaty and ^attuning the site W its previous

t) B,enefir to :he Board including provision. ai r...-_venue to support ecluctrional Liziprovenntesrs. sranda.rd MCPS.

lease norm shall. govern an leas ,m and permits Enr

EXILIBIT G -3 CURRENT BOARD POLICY ECN

ECN

--krt-2.11 7i Ir.- stp.ted ter= tc, 7-ertnimate the lease for s to :he rt.-It:nes the zighr, Rev,..cns x the standard lesseipe----nit C2.115 baroludin4 Lack of adequate reqt:L-ed due to siva pec.,.ao cntice- , 5 shall not be a C.C.A_. p =e-d_ ex.,--# it for

ti-ssar7. gather adcHtinnai. view! of 7:r..e . or..t=urLity as weLl as ptan=pais a_ndior sits ome/...age-z and evaluate those views przz a demion.

The supera=tendent wit.1 review and.

5. Based on the =to r.ia Set for in this pate'', the superi=teadent will ciecIde whether 17). .5 a np rs..% . rel.nsT, r e -fir. y ;F:0, ,,,frir r-ito. 2 ,+,e request and trir be responsible for re=c-,--- ; the L=Sr.211 a . rs pre':' LS :-.indition3t ocnclusaor. .;if the n=c _
D. DESIRED OUTCOME

Fair and etitsisrent onteria h viatth zz evalLa.te the apprcpr.areness , rzaz-smission '_-aerzu=ares an aCh.:01 r.teS 3C :Int ;he^ do not detraof syatem of the foal= pri=ary ms =s`
E. IMPLETA94TATrON STRATEG s ES

im cornplialtot ',kith M cnt-go=et7 Cut y EgerJtvt Regu.i.a.o.n 1.4-96. the IrTriCG -A-I: , ai s.ubh:it recommenciamons on propred instaii.tdon.3 tt the aca.o aystE=. F:r i_b.:ose al..o.as for which M.-NCPPC approrai is requared. the rape:fin:en:it.= wiil ...idatory trarisznit that reocza.mendation t the M-NCPPC frx. - its review uraer the m- , 'Mari- ar.6. . rdzfe=a1. = special eoccepon p,,--c--...t. Me :-..51-..._2w -a-:11 iticluda er.per: t-5,7".... =men =put.
The 5 -apenrIttftcler=t

nomizi kta ni.uiazers ar-d achool PTAs of the propoied

arin_
4.

The superimenden; rt,mive the M-NC.PPC Report or 3card zrf_k'pet and any other relevazt itiormaticti and ,rizilP a deci:zion canceraillg the apphort:art._

F.

REVIEW AND

REPORTING
ac=rfiano. with the Board

be reviewed on an 1. This policy Educadon's policy review process.

Periodic report: on the Lnaplemaencatxn of this policr.. including inTA:t from affec--e ...m.ttainites. will be reviewed by the 3c.--ard. schools and or,
7;:474/3277

ASICV red ..27 Rtesalutuan ks- '554-Er. St7vP.mLIP: IL. itm1 -

Memorandum of Lease

Assessor's Parcel Number: 08 00702207

Between The Board of Education of Montgomery County ("Landlord") and T-Mobile Northeast LLC ("Tenant -)

A Lease Agreement for Telecommunications (the "Lease") by and between The Board of Education of Montgomery County ("Landlord") and T-Mobile Northeast LLC, a limited liability company ("Tenant") was made regarding a portion of the following property .

See Attached Exhibit "A" incorporated herein for all purposes

The Lease is for a term of five (5) years and will commence on the date as set forth in the Lease (the "Commencement Date"). Tenant shall have the right to extend this Lease for three (3) additional and successive five-year terms. IN WITNESS WHEREOF, the parties hereto have respectively executed this memorandum effective as of the date of the last parry to sign.

LANDLORD: The Board of Education of Montgomery County

By: Printed Name: Je east, Ed.D

.

Its: Date:

Superintendent of Schools 5-A / O67'

TENANT:

T-Mobile Northeast LLC

By Printed Name: Its: Date:

T HNICAL DIRECTOR 5- - 5
-

I.Votan block for Landlord/

/'Votary block for Corporation, Partnership, Limited Liability Company'

STATE OF 11( ) ss. COUNTY OF ht

is instrument was acknowle*.ed before me on

[title] entity], on be alf of said Dated:

A/

of

c PS
[name of entity].

Notary Publi c Print Name

My commission expires

P LCI-u-e
z fr-7

la_
.

7/ ra-d i e)J

P1 et A al

Ilft Ga._

(Use this space for notary stampiseal)

ilVotari block for Tenant/

STATE OF

Y-1

)ss

COUNTY OF
I certify that I know or have satisfactory evidence that 1j is r\e-Vi 1 r) t--321511eQ- the person who appeared

before me, and said person acknowledged that he signed this instrument, on oath stated that be was authorized to of T-Mobile Northeast execute the instrument and acknowledged it as the -- rC/k ) 1 1e_.e>lf3-1 LLC, a limited liability company, to be the free and voluntary act of such parry for the uses and purposes mentioned in the instrument. Dated:
UzA/\%..fir

Notary Public Pnnt Name fission expoMy

Notary Public Howard County

MARYLAND My Commission Expires December 01, 2008 (Use this space for notary stamp/seal)

Memorandum of Lease

EXHIBIT A-1 Legal Description

The Property is legally described as follows:

The leased premises ("Premises") consist of approximately 200 square feet of that certain tract of land lying in Montgomery County, Maryland, containing approximately 29.99 acres and conveyed to the Landlord pursuant to a deed dated August 7, 1961 and recorded in the Land Records of Montgomery County, Maryland in Liber 2875, Folio 263, which

property is known as the Magruder High School ("the Site").

The Parcel is further

identified as Parcel P939 on Tax Map GT61. The Premises are more particularly shown on

a site drawing attached hereto as Exhibit A-2 and made a part hereof.

EXIIIBIT A-1 [Site Drawing Showing Property and Premises]

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):

Right of way access from parking lot then along

driveway behind football

field.
Ism 1,4:-e

roarow

uorr you

rwxr,r.rrer

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rIrstig
to

tr,

rre

PIXEL

caBILEE IVR1R MEM g

IIIIIKZEZI Mir, PULL

-Ili
1.1C111141 Of ICIENI WARE rpArelorra

iii41111F

ed:12 41YEPIIMN ?WA PCS

RWALLI, VAL

1131131

TM

LWIFFeli

For um. Form cm at.rot Cr EniXXIL SX =MD X IF. Rzcon_r r_ ec BM}

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EXHIBIT 3.-2 'Site Drawing Showing Property and Premises]

EWING

TWIPACK

PRIPCM

In- Jaw

arcuiser re-abott GM 4L SP arkk.-t. Lk*" MO- AX.E,

IDISTMC 21111g9 rivrt

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acErrte uwr chCLEit 4 smixQvAg TE 1E ..:Ac

3t

I --

r IC It-

DIV1147 r 6101 WIDMER" MR 11E4:4R6

=it
FD0Z Wm" iNcNceiim T -1011M: loat7 CAMPCF Crrr Cr 0:11:041:1M T-WILE Watt =it kIii? Padlagtt Cst wile di =lit. Me

posi-oyEt *11[A

PP

1-11URZ SLAB CM 111.4

pirszeziart Wise TE
irnirt Eivtgratuit) 4/ WI noele'

Ora

Aug.

dr.arr.

ru,FOXX FIPC kate4ad toilF 0/35

ramp

s-- it--X-11---`XX X X II a I-1 M-

DZMPC

0:110011511

a aas---iN-1 \\.. NW 94101 1313.10-1 N

11t EiNTIK01}4 DM= MICE Oil

ENLARGED SITE PLAN

r
NV-ir r4111."4--gr

CATE ovcr.rwz s f Rau I 'am ac rp4r.1.....1...1_:_=F IN Tilt

LTI-1 Ike .41nrr Deo! Cr C o

wANO7 I - McGS;WOCX1 1-4-Z

7- c

derd.01 iril3/1It

*Oaf+ MD updr &ATER 441X,D.

OCICVILl_E. MD 20655

T-111051LE 1.4CNIZTI-SEAS-T L.LC 1

T1402 1 '7-C 3_C.owm 514MT

L'-`4Q11.11111.0.

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