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7 <br /> SITE NAME:SMC_0RNGECNTY_SP0RTSPLx_1 Attachment 2 <br /> SITE NUMBER:394388 <br /> LEASE AGREEMENT <br /> This Lease Agreement (the "Agreement") made this day of 20_ <br /> between Orange County, North Carolina, with a mailing address of PO Box 8181, Hillsborough, North <br /> Carolina 27278, hereinafter designated LESSOR and Cellco Partnership d/b/a Verizon Wireless with its <br /> principal offices at One Verizon Way, Mail Stop 4AW100, Basking Ridge, New Jersey 07920 (telephone <br /> number 866-862-4404), hereinafter designated LESSEE. LESSOR and LESSEE are at times collectively <br /> referred to hereinafter as the "Parties" or individually as the "Party." <br /> In consideration of the mutual covenants contained herein and intending to be legally bound <br /> hereby,the Parties hereto agree as follows: <br /> 1. PREMISES. LESSOR hereby leases to LESSEE certain space on the wall (the "Wall Space") <br /> of the building (the "Building") located at 101 Meadowlands Drive, Hillsborough, Orange County, North <br /> Carolina, (the Building and such real property are hereinafter sometimes collectively referred to as the <br /> "Property"), for the installation, operation and maintenance of communications equipment, together <br /> with such additional space on the ground for the installation of a fence around the Wall Space ithe <br /> "Ground Space"); together with such additional space on the roof of the Building sufficient for the <br /> installation, operation and maintenance of antennas (the "Antenna Space"); together with such <br /> additional space within the Building and on the roof of the Building for the installation, operation and <br /> maintenance of wires, cables, conduits and pipes(the"Cabling Space") running between and among the <br /> Wall Space and Antenna Space and to all necessary electrical and telephone utility sources located <br /> within the Building or on the Property; together with the non-exclusive right of ingress and egress from <br /> a public right-of-way, seven (7) days a week,twenty four(24) hours a day, over the Property and in and <br /> through the Building to and from the Premises (as hereinafter defined) for the purpose of installation, <br /> operation and maintenance of LESSEE's communications facility. LESSEE will coordinate such access for <br /> within the Building with LESSOR by giving LESSOR at least 24 hours advance notice, except in the event <br /> of an emergency in which case LESSEE will give LESSOR only such notice as is feasible under the <br /> circumstances. For purposes of this section, notice by LESSEE to LESSOR will be directed to Asset <br /> Management Services, and may be by telephone (919-245-2627) or by e-mail <br /> (adorman@orangecountync.gov). LESSOR will promptly notify LESSEE in writing of any changes to the <br /> identity of the contact person or to the contact information in the immediately preceding sentence. <br /> LESSOR will reasonably cooperate with LESSEE in scheduling non-emergency access, and LESSOR will <br /> take all steps reasonably necessary and appropriate to facilitate emergency access, as LESSEOR <br /> acknowledges that LESSEE will need to access the roof of the building via the interior of the Building. <br /> The Wall Space,Ground Space, Antenna Space, and Cabling Space are hereinafter collectively referred to <br /> as the "Premises" and are as shown on Exhibit A attached hereto and made a part hereof. In the event <br /> there are not sufficient electric and telephone, cable or fiber utility sources located within the Building <br /> or on the Property, LESSOR agrees to grant LESSEE or the Total utility provider the right to install such <br /> utilities, at LESSEE's cost, on, over and/or under the Property and through the Building necessary for <br /> LESSEE to operate its communications facility, provided the location of such utilities shall be as <br /> reasonably designated by LESSOR. <br /> 2. CONDITION OF PROPERTY. LESSOR shall deliver the Premises to LESSEE in a condition <br /> ready for LESSEE's construction of its improvements and clean and free of debris. LESSOR represents <br /> and warrants to LESSEE that as of the Effective Bate and continuing throughout the Term (as hereinafter <br /> defined): (a)the Building(including without limitation the roof, foundations, exterior walls, interior load <br /> bearing walls, and utility systems) is (i) in good condition, structurally sound, and free of any latent <br /> 4849-2188-8346v8 <br /> 3000001-101524 <br />