tune 9:41aK Mo.2818
LEASE AGREEMENT FOR TELECOMMUNICATIONS
INDEX
NON-EXCLUSIVITY; CO-LOCATION
LEASED PREMISES
‘TERM
RENTAL
SECURITY DEPOSITISURETY BOND
RENEWAL
CANCELLATION
EASEMENTS SERVING PREMISES
PURPOSE
[USE OF PREMISES
‘COMPLIANCE WITH GOVERNMENTAL LAWS
OWNERSHIP, SUBORDINATION AND NON-DISTURBANCE
RESTORATION OF THE PREMISES
‘TELECOMMUNICATIONS POLICY
DEFAULT
LICENSES AND PERMITS
CONSTRUCTION BY TENANT
INTERFERENCE
usersy@.wPDAtAonny por ont
ayia '
a1.
2.
B.
ma
25,
x.
2.
2.
30.
31
2.
aan $:4iAN
INDEMNIFICATION
INSURANCE REQUIREMENTS
HAZARDOUS MATERIALS
ASSIGNMENT
INSPECTIONS
(QUIET ENJOYMENT
[DAMAGE AND DESTRUCTION
CONDEMNATION
‘BINDING EFFECT
‘RECORDATION
NomicEs
WAIVER
ENTIRE AGREEMENT
GOVERNANCE,
‘CONFLICTS
Yo.2819
Fhours Pt
“THIS LEASE made this _/4 day of QC pees 2002 werketween the Board
TES Jon of Montgomery Coury, govening body of MONTGOMERY COUNTY FUBLIC —
Sear eetnafer the “Landlord” and APC REALTY AND EQUIPMENT COMPANY,
See eit the Tenant”), aDelaare corporation qualified todo business in Maryland
Landlord hereby rents to Tenant and Tenant hereby ens from Landlord the leased
es herein deseribed upon the following terms and conditions:
1. NON-EXCLUSIVITY; CO-LOCATION. Landlord eases to Tenant a portion of he
Parcel Qerinafcr described), a portion of which (namely the fenced enclosure) i eased
rare a bs: fo the express purpose of Tenant's placing certain approved es UTaBTARan To
Aer nications faiiies (the “Communications Facility") on the Premises (as
ere Eelow) to promote the public purposes of the Telecommunications Act of 1996,
sence nares and understands that it shal enjoy a non-exclusive right to ue that portion
‘ofthe Paeel on which Is constructed a tower, monopole, or other antenna-elted
Strsture, and shall permit eo-location by olber tenants on any tower, monopole or other
setae that may construct forts telecommtnication porposes. Tenant shal dealin
hod falta 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 300
square fet ofthat certain tract of land lying in Montgomery County, Maryland,
carting approximately 2.8 acre and conveyed to the Landlord pursuant toa deed
‘Shied Febery 20, 1985 and recorded inthe Land Records of Montgomery County,
‘Maryland in Liber 6762, Folio 266, which property is known as the Woodward Road
MAA ite or Emory Orove Site (the Site”). The Pace is further identified as Parcs!
ition Tax Map FTS63. ‘The Premises sre more particularly shown on site drawing,
titached hereto #3 Exhibit and made apart here
Exhibit part bere
5, TERM, The term ofthis Lease shall be five (5) years with tres (3) five-year renewal
ptons atthe dacetion ofthe Tenant, subject to the cancellation (Paragraph 7) andthe
{he sixtieth (60% day following the above date of this Lease, unless the parties agree in
“yating to a different commencement date ("Commencement Date
mcacanontaeny gentoocet.
wie acuta Ho.2sls P. 8
RENTAL. Tonant heceby covenants and agres to pay or cause to be pad as aaa rent
to Landlord the total sun RPMS) fhe inital
T2-month tem by monthly payneas f TET Ania)
eat shall be adjusted at each anniversary ofthe Lease year by east AER
‘SaBBBF over the previous yeas ent or an amount equal to the increase in the consumer
pice index for the Baltimore Washington Region,
Sem onally) whichever i greater. Rent shall be made payable the
Montgomery County Public Schools and delivered othe Office of the Chief Operating
Officer, 850 Hungerford Drive, Rockville, Maryland 20850, or such other place as the
Lapdlord may from time fo time so designate in writing at leat thirty (30) dae in
advance of a rental payment date
‘SECURITY DEPOSIT/SURETY BOND. Upon execution ofthis Lease, Tenant shall
‘deposit with the Landlord, atthe option of Tenant, a cash security depositor surety
bond ina form and fiom a surety company acceptable tothe Landlord in the amount of
RNs 2r' fr the faithl performance and
‘observance of the terms and conditions ofthis Leace. Its agreed that if Tenant defwults
‘wilh respect to any tems and conditions ofthis Lease, including but not limited to the
payment of ent, or the removal ofits equipment st the conclusion ofthis Lease, Landlord
‘ay use, apply, elan or draw epaist the whole or any part of said security depositor
surety bond required forthe payment of any rent or any other sum as to which the Tenant
is in default or for any sur which te Landlord may expend or may be required to expend
by reason ofthe Tenant's defaults of any of the terms, conditions and covenants of this
Lease. I Tenant shall flly and faithfully comply wit ll the terms, covenants and
conditions ofthis Lease, the security deposit shall be retumed to Tenant or the surety
bond shall be extioguished no later than sixty (60) days afer the end ofthis Lease
rovided Tenant has delivered the Premises in the manner required bere.
RENEWAL. Atthe option ofthe Tenant and so long es Teaat is nti default under any
ofthe terms hereof, this Lease may be renewed if a least one hundred eighty (180) days
{oro expiration ofthe then cen tem ofthis Lace, Tenant provides writen notice
Sf nen to renew the Lease for anotber five-year term. At leat ninety (90) days pice
to the expiration ofthe then caret te, Landlord shal fform Tenant in writing of he
smal fet forthe new tenn, which shall nt exced Maye le previous
year's sou ental rae
(CANCELLATION. («) Landlord may cancel this Lease for cause if Tenant fails to
comply with the tems and conditions ofthis Lease. If either party it in default under this
‘Agrezient fora period of (a) 15 days following receipt of notice from the non-