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OPTION AND LEASE AGREEMENT
<br /> THIS OPTION AND LEASE AGREEMENT ("Agreement"), dated as of the latter of the
<br /> signature dates below (the "Effective Date"), is entered veto between KTD, LLC, a California limited
<br /> liability company, with a mailing address of 8531 Thys Court, Sacramento, CA 95828 (hereinafter
<br /> "Landlord") and Skyway Towers, LLC, a Delaware limited liability company, with a mailing address of
<br /> 20525 Amberfield Drive, Suite 102,Land O Lakes,FL 34638 (hereinafter"Tenant").
<br /> BACKGROUND
<br /> Landlord owns or controls that certain plot, parcel or tract of land, together with all rights and
<br /> privileges arising in connection therewith, located at 150 N. Sinclair Ave., Stockton, CA 95215, in the
<br /> County of San Joaquin,State of California,(collectively,the"Property"). Tenant desires to use a portion
<br /> of the Property to develop a wireless cellular tower facility. Landlord desires to grant to Tenant the right
<br /> to use a portion of the Property in accordance with this Agreement.
<br /> The parties agree as follows:
<br /> 1. OPTION TO LEASE
<br /> (a) Landlord grants to Tenant an option (the "Option") to lease the Leased Premises, as
<br /> defined below,on the Property,the dimensions of which are approximately 75 L ft X 75 W ft(5,625 square
<br /> feet), including all the air space above said Leased Premises, as described on attached Exhibit 1,together
<br /> with a non-exclusive,unimpaired ingress/egress Easement, as defined below,for Tenant's use to and from
<br /> the nearest public right-of-way along the Property as described on the attached Exhibit 1. The Property
<br /> owned by the Landlord is legally described on Exhibit 2 attached hereto.
<br /> (b) During the Option period and any extension thereof,and during the term of this Agreement,
<br /> Tenant and its agents,engineers, surveyors and other representatives will have the right to enter upon the
<br /> Property and Leased Premises to inspect, examine, conduct soil borings, drainage testing, material
<br /> sampling, radio frequency testing and other geological or engineering tests or studies of the Property
<br /> (collectively,the"Tests"),to apply for and obtain licenses, permits, approvals, or other relief required of
<br /> or deemed necessary or appropriate at Tenant's sole discretion for its use of the Leased Premises and
<br /> include,without limitation,applications for zoning variances,zoning ordinances,amendments, special use
<br /> permits,and construction permits(collectively,the"Government Approvals"),initiate the ordering and/or
<br /> scheduling of necessary utilities,and otherwise to do those things on or off the Property that, in the opinion
<br /> of Tenant,are necessary in Tenant's sole discretion to determine the physical condition of the Property and
<br /> Leased Premises, the environmental history, Landlord's title to the Property and Leased Premises and
<br /> feasibility or suitability of the Property for Tenant's Permitted Use, all at Tenant's expense. Tenant will
<br /> not be liable to Landlord or any third party on account of any pre-existing defect or condition on or with
<br /> respect to the Property and Leased Premises, whether or not such defect or condition is disclosed by
<br /> Tenant's inspection. Tenant will restore the Property to its condition as it existed at the commencement of
<br /> the Option Term(as defined below),reasonable wear and tear and casualty not caused by Tenant excepted.
<br /> In addition,Tenant shall indemnify,defend and hold Landlord harmless from and against any and all injury,
<br /> loss,damage or claims arising directly out of Tenant's tests.
<br /> (c) In consideration of Landlord granting Tenant the O tion, Tenant agrees to pay Landlord
<br /> the sum of (the"Option Tee")within thirty
<br /> (30)business days of the Effective Date. The Option will be for an initial term of two(2)years commencing
<br /> on the Effective Date (the "Initial Option Term") and may be renewed by Tenant for an additional two
<br /> (2) years upon written notification to Landlord and the payment of an additional
<br /> Skyway Site Id:CA-00408.01 Eastside Park
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