|
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 into between Dominion Life Christian Center, a
<br /> California nonprofit religious corporation, with a mailing address of 2252 Camino Ramon, San Ramon,
<br /> California 94583 (hereinafter "Landlord"), and Skyway Towers, LLC, a Delaware limited liability
<br /> company,with a mailing address of 3637 Madaca Lane, Tampa,Florida 33618 (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 2701 Michigan Avenue, Stockton, 95204, 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 80 ft. x 80 ft. (6,400 square
<br /> feet), including all the air space above said Leased Premises, together with a non-exclusive, unimpaired
<br /> ingress/egress Easement, as defined below, for Tenant's use to and from the nearest public right-of-way
<br /> along the Property (collectively, the "Leased Premises") as described on the attached Exhibit 1. The
<br /> Property 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
<br /> Agreement, Tenant and its agents, engineers, surveyors and other representatives will have the right to
<br /> enter upon the Property and Leased Premises to inspect, examine, conduct soil borings, drainage testing,
<br /> material sampling, radio frequency testing and other geological or engineering tests or studies of the
<br /> Property (collectively, the "Tests"), to apply for and obtain licenses, permits, approvals, or other relief
<br /> required of or deemed necessary or appropriate at Tenant's sole discretion for its use of the Leased
<br /> Premises and include, without limitation, applications for zoning variances, zoning ordinances,
<br /> amendments, special use permits, and construction permits (collectively, the "Government Approvals"),
<br /> initiate the ordering and/or scheduling of necessary utilities, and otherwise to do those things on or off the
<br /> Property that, in the opinion of Tenant, are necessary in Tenant's sole discretion to determine the physical
<br /> condition of the Property and Leased Premises, the environmental history, Landlord's title to the Property
<br /> and Leased Premises and feasibility or suitability of the Property for Tenant's Permitted Use, all at
<br /> Tenant's expense. Tenant will not be liable to Landlord or any third party on account of any pre-existing
<br /> defect or condition on or with respect to the Property and Leased Premises, whether or not such defect or
<br /> condition is disclosed by Tenant's inspection. Tenant will restore the Property to its condition as it
<br /> existed at the commencement of the Option Term (as defined below), reasonable wear and tear and
<br /> casualty not caused by Tenant excepted. In addition, Tenant shall indemnify, defend and hold Landlord
<br /> harmless from and against any and all injury, loss, damage or claims arising directly out of Tenant's tests.
<br /> (c) In consideration of ant the Option, Tenant agrees to pay Landlord
<br /> the sum of (the "Option Fee") within thirty (30) business
<br /> days of the Effective Date. The Option will be for an initial term of two (2) years commencing on the
<br /> Effective Date (the "Initial Option Term") and may be renewed by Tenant for an additional two 2
<br /> years upon written notification to Landlord and the payment of an additional
<br /> Skyway Site Id:CA-00406-01 Alpine
<br /> Page 1 Confidential and Proprietary,see Section 25
<br /> ver 8/30/18
<br />
|