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5 <br /> Attachment 3 <br /> GROUND LEASE AGREEMENT <br /> THIS GROUND LEASE AGREEMENT ("Lease") is effective as of the latter of the <br /> signature dates below ("Effective Date") by and between ORANGE COUNTY, NORTH <br /> CAROLINA ("Lessor") and TOWERCO 2013 LLC, a Delaware limited liability company <br /> ("Lessee"). <br /> For good and valuable consideration, the receipt and sufficiency of which is hereby <br /> acknowledged, the parties hereto agree as follows: <br /> 1. Premises. Lessor is the owner of certain real property located in Hillsborough, County of <br /> Orange, State of North Carolina, commonly known as 3605 Walnut Grove Church Road, <br /> Hillsborough, NC 27278 (parcel no. 9867419070) (the "Parent Parcel"), as more particularly <br /> described in Exhibit "A" annexed hereto. Lessor hereby leases to Lessee and Lessee leases from <br /> Lessor approximately ten thousand (10,000) square feet of the Parent Parcel and all access and <br /> utility easements if any ("Easements"), (the 10,000 square feet of lease area and the Easements <br /> shall collectively be referred to as the "Premises") as described in Exhibit B annexed hereto. <br /> 2. Use. The Premises may be used by Lessee and Lessee's tenants and licensees for the <br /> transmission and receipt of wireless communication signals in any and all frequencies, the <br /> construction,maintenance, operation, subleasing and licensing of towers, antennas, and buildings, <br /> and related facilities and activities, and for any other uses which are incidental thereto ("Intended <br /> Use"). Lessee and its sublessees and licensees shall have access to the Premises twenty-four (24) <br /> hours a day, seven (7) days a week. Lessor agrees to cooperate with Lessee in obtaining, at <br /> Lessee's expense, all licenses and permits required for Lessee's use of the Premises (the <br /> "Governmental Approvals"). Lessor further agrees to cooperate with Lessee in executing and <br /> delivering any documents requested by Lessee to obtain Government Approvals necessary for its <br /> Intended Use. In the event that Lessee's Intended Use of the Premises is actually or constructively <br /> prohibited then,in addition to any other remedies available to Lessee,Lessee shall have the option <br /> to terminate this Lease with notice to Lessor. <br /> 3. Term. The term of this Lease shall be five(5)years commencing on the date Lessee begins <br /> commercial operation of the Improvements (as defined in Paragraph 6(a)) or the third anniversary <br /> of the Effective Date,whichever first occurs("Commencement Date")and terminating on the fifth <br /> (5th)anniversary of the Commencement Date(the"Term")unless otherwise provided in Paragraph <br /> 8. <br /> 4. Renewal Terms. Lessee shall have the right to extend this Lease for four (4) additional <br /> five (5) year terms ("Renewal Terms"). Each Renewal Term shall be on the same terms and <br /> conditions as set forth in this Lease. This Lease shall automatically be renewed for each successive <br /> Renewal Term unless Lessee notifies Lessor in writing of Lessee's intention not to renew the Lease <br /> at least thirty (30) days prior to the expiration of the Term or the Renewal Term which is then in <br /> effect. <br /> 5. Consideration. During the Term, Lessee shall pay Lessor the monthly sum of One <br /> Thousand One Hundred and No/100 DOLLARS ($1,100.00) ("Rent"). Rent shall be payable on <br />