magruder high school lease

8/6/2019 Magruder High School Lease

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Magruder High School

T-Mobile

LEASE AGREEMENT FOR TELECOMM UNICATIONS

INDEX

1. NON-EXCLU SIVITY; CO-LOCATION

2. LEASED PREMISES

3. TERM

4. RENTAL

5. SECURITY DEPOSIT/SURETY BO ND

6. RENEWAL

7. CANCELLATION

8. EASEMENTS SERVING PREMISES

9. PURPOSE

10 . USE OF PREMISES

11 . COMPLIANCE WITH GOVERNMENTAL LAWS

12 . OWNERSHIP, SUBORDINATION AND NON-DISTURBANCE

13 . RESTORATION OF THE PREMISES

14. TELECOMM UNICATIONS POLICY

15. DEFAULT

16 . LICENSES AND PERMITS

17 . CONSTRUCTION BY TENANT

18 . INTERFERENCE

19 . INDEMNIFICATION



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23 .

24.

2 C .

27

20 . LNSURA.-NCE REQUIREMEN TS

21 . H A Z A R D OU S M A T E R I A L S

A S S I G N M E N T

INSPECTIONS

Q U I E T E N J O Y M E N T

D A M A G E A N D D E S T R U C T I ON

C O N D E M N A T I O N

BIN - DINGCT

28. RECORDATION

29 . NOTICES

30 . WAIVER

31 . E N T I R E A G R E E M E N T

32 . G O V E R N A N C E

33 . CONFLICTS

EMIT A-1EXHIBIT A-2

EXHIBIT A-3

EXHIBIT B

EXHIBIT C

EXHIBIT D

SITE riP A.WINa SlinWINa PROP PTV A S ND PRE NnS 'L 7 c

SITE DRAWING SHOWING PROPERTY AN D PREMISES

SITE DRAWING SHOWING PROPERTY AN D PREMISES

MA P SHOWING NON-EXCLU SIVE RIGHT-OF-WAY

H A Z A R D OU S M A T E R I A L S A C T I V IT E S - T E N A N T

SCHOOL HOURS / COM MU NITY USE



EXHIBIT E

EXHIBIT F

EXHIBIT G-1

EXHIBIT G-2

EXHIBIT G-3

EXHIBIT H

RIGHT OF ENTRY AGREEM ENT

DECISION OF MONTGOM ERY COUNTY PLANNING BOARD

and TOWER COM MITTEE

CURRENT BOARD POLICY ECN



MEM ORAND UM O F LEASE W/EXIIEBIT A-1 - LEGAL

DESCRIPTION & EXHIBIT A-2 - SITE DRAW LNG SHOW ING

PROPERTY AND PREMISES



Site: Magruder High School Site

LEASE AGREEMENT FOR TELECOMMUNICATIONS

THIS LEASE made this 1-A4- 4-(-- day of2006, by and between theBoard of Education of Montgomery County, govern' g body . of THE BOARD OFEDUCATION OF MONTGOMERY COUNTY (hereinafter the "Landlord"), and T-

Mobile Northeast LLC, (hereinafter the "Tenant"). a Delaware limited liability company.

Landlord hereby rents to Tenant and Tenant hereby rents from Landlord the leased

premises herein described upon the following terms and conditions:

1. NON-EXCLUSIVITY; CO-LOCATION. Landlord leases to Tenant a portion ofthe Parcel (hereinafter described), a portion of which (namely the fenced enclosure)is leased on an exclusive basis, for the express purpose of Tenant's placing certain

approved telecommunications facilities (the "Communications Facility") on the

Premises (as defined below) to promote the public purposes of the

Telecommunications Act of 1996. Tenant agrees and understands that it shall enjoy

a non-exclusive right to use that portion of the Parcel on which is constructed a

tower, monopole, or other antenna-related structure, and shall permit co-location by

other tenants on any tower. monopole, or other structure thit it may construct for

its telecommunication purposes. Tenant shall deal in good faith 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

200 square feet of that certain tract of land lying in Montgomery County, Maryland,

containing approximately 29.99 acres and conveyed to the Landlord pursuant to adeed dated August 7, 1961 and recorded in the Land Records of Montgomery

County, Maryland in Liber 2875, Folio 263, which property is known as the

Magruder High School Site ("the Site"). The Parcel is further identified as Parcel

P939 on Tax Map GT61. The Premises are more particularly shown on a site

drawing attached hereto as Exhibit A and made a part hereof.

3. TERM. The term of this Lease shall be five (5) years with three (3) five-year

renewal options at the discretion of the Tenant, subject to the cancellation

(Paragraph 7) and the default provisions (Paragraph 15) of this Lease. The initial

term shall commence on the earlier to occur of the commencement of construction of

the Communications Facility or the sixtieth (60th ) day following the above date of



this Lease. unless the parties agree in writing to a different commencement date( -Commencement Date").

4. RENTAL_ Tenant hereby covenants and agrees to pay or cause to be paid as annual

rent to Landlord the total sum of Twenty-Four Thousand Dollars (S24,000.00) for

the initial 12-month term by monthly payments of Two Thousand Dollars

($2,000.00). Annual rent shall be adjusted at each anniversary of the Lease year by

two and one-half percent (2.5%) over the previous year's rent or an amount equal

to the increase in the consumer price index for the Baltimore Washington Region,

(up to a maximum increase of five percent (5%) annually) whichever is greater.Rent shall be made payable to the Montgomery County Public Schools and

delivered to the Office of the Chief Operating Officer, 850 Hungerford Drive.

Rockville, Maryland 20850, or such other place as the Landlord may from time to

time so designate in writing at least thirty (30) days in advance of a rental payment

date.

5. SECURITY DEPOSIT/SURETY BOND. Upon execution of this Lease, Tenant

shall deposit with the Landlord, at the option of Tenant, a cash security deposit or a

surety bond in a form and from a surety company acceptable to the Landlord in the

amount of Fifty Thousand Dollars ($50,000.00) as security for the faithful

performance and observance of the terms and conditions of this Lease. It is agreed

that if Tenant defaults with respect to any terms and conditions of this Lease,

including but not limited to the payment of rent, or the removal of its equipment at

the conclusion of this Lease, Landlord may use, apply, retain or draw against the

whole or any part of said security deposit or surety bond required for the payment

of any rent or any other sum as to which the Tenant is in default or for any sum

which the Landlord may expend or may be required to expend by reason of the

Tenant's defaults of any of the terms, conditions, and covenants of this Lease. If

Tenant shall fully and faithfully comply with all the terms, covenants, andconditions of this Lease. the security deposit shall be returned to Tenant or th e

surety bond shall be extinguished no later than sixty (60) days after the end of this

Lease provided Tenant has delivered the Premises in the manner required herein.

6. RENEWAL. At the option of the Tenant and so long as Tenant is not in default

under any of the terms hereof, this Lease may be renewed if, at least one hundred

eighty (180) days prior to expiration of the then current term of this Lease, Tenant

provides written notice of its intent to renew the Lease for another five-year term.

At least ninety (90) days prior to the expiration of the then current term, Landlord

shall inform Tenant in writing of the annual rent for the new term, which shall not

exceed five percent (5%) over the previousyear's annual rental rate.



Exhibit B, for construction and installation of the Communications Facilityupon the Premises. Such temporary construction easement shall terminate

upon the earlier of (i) completion of Tenant's construction described in

Paragraph 10 or (ii) the first anniversary of the commencement of this Lease.

Tenant shall be permitted the non-exclusive use of a right-of-way ten

feet (10') in width, the centerline of which is shown on Exhibit B hereof, or

such other right-of-wav of similar dimensions as Landlord may designate

during the term of this Lease, to construct, operate, maintain, repair and

remove Tenant's underground communication cables from the Premises,

across and through that portion of the Site described on Exhibit B as the

"Proposed Underground Conduits for Radio Cables". Tenant shall post and

maintain at least four (4) signs indicating "Underground Cables" on the

fence enclosing its equipment and on the Monopole outlining the extremities

of the path of the underground cables.

iii. At such time as is necessary, Landlord shall grant to the local utility

and telephone companies a non-exclusive easement and right-of-way of tenfeet (10') in width for the purpose of constructing, installing, maintaining,

operating, providing, repairing, and removing underground communication

and electric power lines and systems, along and/or under those portions of

the Site designated on Exhibit B hereof and the right-of-way of Tenant

provided for during the term of this Lease for purposes of installation and

provision of telephone and electric service to the Premises. Any utility

easement required shall be submitted to the Board of Education for formal

approval.

iv . Landlord hereby grants Tenant a non-exclusive right to use the

existing driveway immediately adjacent to the football stadium for ingress toand egress from the Premises by Tenant, subject to the time restrictions in

Paragraph 10(b), for vehicular traffic for constructing, installing,

maintaining, operating, repairing, and removing equipment over that

portion of the Site designated on Exhibit B hereof, as "Proposed 20' Ingress-

Egress Easement", or such other right-of-way of similar width as may be

designated by Landlord to provide such access to the Premises and the

Communications Facility during the term of this Lease_ In the event that

Tenant damages any grassed area when accessing the Premises with its

service and/or construction vehicular traffic, the Tenant will re-sod the

disturbed areas.



(b ) Landlord shall have the right to relocate any of the Appurtenant Easements

upon at least ninety (90) days' prior written notice. If - such relocation occurs after

the installation of utilities or facilities therein, such relocation shall be at Landlord's

expense and shall be conducted in such a manner so as to minimize any disruption

to Tenant's operations under this Lease.

(c ) With the exception of the temporary construction easement provided for,

which may expire sooner as provided in such subparagraph. and any utility

easements to third party utility or power companies, which shall expire in

accordance with their terms, the term of all Appurtenant Easements shall

automatically expire thirty (30) days after expiration or termination of this Lease

without the need for further act of any party. Notwithstanding the foregoing, if

requested by Landlord, Tenant shall execute and deliver to Landlord, in recordable

form, such documents as Landlord may request to evidence of record the

termination of all Appurtenant Easements as just provided.

9. PURPOSE. The Premises shall be used to locate towers, equipment, buildings and

related facilities, including the Communications Facility, for telecommunicationsuse. No grading, cutting of trees, removal of sod or topsoil and no installation of

additional permanent or temporary structures, including fencing, shall be done

without the prior written and express consent of Landlord. The Premises shall be

used only for purposes compatible with the zoning of the Parcel. Tenant shall

return the Premises to the original condition, normal wear and tear and damage by

casualty not caused by Tenant excluded, prior to the expiration of the term of this

Lease or any extensions or renewals thereof. Tenant agrees to control all noxious

weeds in accordance with the guidelines of the Maryland Department of

Agriculture. Tenant also agrees to periodically mow the Premises and to remove

brush and debris as necessary.

10. USE OF PREMISES.

(a )enant shall use the Premises for the purpose of installing, removing.

replacing, modifying, maintaining, and operating, at its expense, the

Communications Facility, which shall be deemed to include, without limitation,

antennae equipment, electronic equipment, cable wiring, air conditioned equipment

sheltcr(s), backup power sources (including generators and fuel storage tanks in

accordance with Paragraph 21 and applicable laws), related fixtures, and an

antenna structure, and shall use the Appurtenant Easements solely for the

applicable purposes described in Paragraph 9. Landlord makes no representation

or warranty whether such use is permitted by any laws or regulations applicable to

the Premises, and Tenant is solely responsible for determining whether such use is



permitted, and for securing all necessary licenses. permits and approvals therefor

from the appropriate governmental agencies.

(b )otwithstanding any other provision of this Lease, the Tenant acknowledges

the absolute primacy of the Landlord's use of the Site to serve the needs of the

public school system, and that Tenant's rights under this Lease are subject and

subordinate to Landlord's use and operation of the Site. Accordingly, in exercising

its rights under this Lease, Tenant shall use its best efforts to avoid any adverse

construction, operation or other impacts on the Site and Landlord's use and

operation thereof, arising from Tenant's activities conducted on or off of the Site.

Prior to any entry upon the Premises, Tenant shall provide reasonable advance

notice to Landlord of such entry and of any work or activities to be conducted on

the Premises. Such entry, work and other activities shall occur only at such times,

an d shall occur in such manner, as may be required by Landlord to avoid any

adverse impacts. Tenant may not access the Premises during school hours, which

times are listed on the Schedule in Exhibit D, nor at any time when school property

may be used by programs coordinated by the County Office of Community Use ofPublic Facilities, except with prior notice to and approval of the building

administrator (See Exhibit D). With the exception of the times listed in Exhibit D or

when the school is utilized by a community-use program, Tenant may enter the

Premises without prior notice to Landlord, in case of emergencies adversely

impacting Tenant's provision of communication services or threatening life and

safety, provided Tenant notifies Landlord of same as soon as practicable.

(c ) Subject to the conditions set forth in Paragraph 10 (b), Exhibit D and the

Right of Entry Agreement annexed hereto as Exhibit E , Tenant shall have the right

at any time following the full execution of this Lease to enter upon the Parcel for the

purpose of making appropriate engineering and boundary surveys, inspections, soil

test borings and other reasonably necessary tests.

(d ) If at any time during the term of this Lease. Landlord reasonably

determines, after consultation with Tenant, that the Communications Facility and

related facilities have not been and/or can not be operated in a manner that does not

materially and adversely impact the Landlord's use and operation of the Site to

serve the needs of Montgomery County Public Schools, then Landlord shall provide

Tenant with detailed written information specifying the nature of the condition that

Landlord has determined to have resulted in such material and adverse impact

upon the Landlord's use and operation. If Tenant is unable to remedy such

condition to the reasonable satisfaction of Landlord, within thirty (30) days

following Landlord's provision of the foregoing information, then Landlord may

terminate this Lease by giving Tenant thirty (30) days' prior written notice of same.



(e )andlord reserves the right to add improvements to or redevelop the Site(including the Premises) in any manner, including additional commun icationsfacilities necessary for Landlord's or Montgomer) County's communications needs,

and in connection therewith to relocate, at Landlord`s sole expense, th eCommunications Facility and the Premises.

(1) Landlord will exercise its relocation right under this Paragraph (e),by (and only by) delivering written notice (the "Notice") to Tenant. In the Notice.

Landlord will propose an alternate site on Landlord's property to which Tenant

may relocate its communications facility. Tenant will have sixty (60) days from thedate it receives the notice to evaluate Landlord's proposed relocation site. during

which period Tenant will have the right to conduct tests to determine the

technological feasibility of the proposed relocation site. If Tenant fails to approve of

such proposed relocation site in writing within sixty (60) days of the Notice,

Landlord may thereafter propose another relocation site by notice to Tenant in the

manner set forth above. may relocation site which Landlord and Tenant agree upon

in writing is referred to hereinafter as the "Relocation Site." Tenant will have a

period of ninety (90) days after execution of a written agreement between the parties

concerning the location and dimensions of the Relocation Site to relocate (at

Landlord's expense) its communications facility to the Relocation Site.

(2) Landlord shall make reasonable good faith efforts, including

consultation with Tenant during the planning stages therefor, to cause any such

improvements or redevelopment to be performed in a vv ay that does not require

relocation of the Communications Facility and the Premises or undue interference

to Tenant's use and operation of the Communications Facility. Landlord's

reasonable good faith efforts and its exercise of discretion shall be subject to

Landlord's statutory responsibility to make school decisions in the best interests of

the students in the Montgomery County Public Schools. How ever, if such

interference cannot reasonably be rectified through the cooperation of the parties

and if no viable relocation site can be mutually agreed to by the parties, then either

party may terminate this Lease by giving the other party thirty (30) days' prior

written notice thereof.

(3 ) Landlord may require Tenant to relocate the communications

facility of Tenant, or any part thereof, to an alternate ground location on

Landlord's property anclior to space within and/or on top of a building situated on

Landlord's property (the -Building"); provided. however, that such relocation will:

(a) be at Landlord's sole cost and expense.



(b ) be performed exclusively by Tenant or its agents,

(c) not result in any interruption of the communications service provided by

Tenant on Landlord's property,

(d ) not impair, or in any manner alter, the quality of communications service

provided by Tenant on and from Landlord's property, and

(e) be done in accordance with the terms and conditions contained in

paragraphs (i) through (v) below.

In the event that Tenant agrees, in its sole discretion, to accept relocation of the

Communications Facility to the Relocation Site, the following conditions shall apply:

(1) the Relocation Site must, in Tenant's sole and reasonable

judgment, be

substantially equivalent in area and appropriateness for Tenant's

purposes with no degradation of signal transmission and/or reception

quality;

(2) Tenant must be able, through the exercise of commercially

reasonable efforts and the cooperation of Landlord, to obtain any

governmental approvals for the relocation to and operation of the

Communications Facility from the Relocation Site;

(3) Subject to the requirements of Paragraphs 8 (a), 10 (b), 17 (d) and

17 (e), Landlord and Tenant will cooperate in good faith to schedule

and effectuate such relocation at a mutually acceptable time designed

to minimize any disruption to both parties' operations, taking into

account the nature of the equipment to be relocated, the need to

modify or obtain governmental approvals, if any, the need to schedule

any new engineering or construction work and the needs and

requirements of the Montgomery County Public Schools and its

students;

(4) Upon relocation of the communications facility of Tenant, or any

part thereof, to the Relocation Site, all references to the Site in the

Agreement will be deemed to be references to the Relocation Site.



Landlord and Tenant hereby agree that the Relocation Site (including

the access and utility right-of-way) may be surveyed by a licensed

surveyor at the sole cost of Tenant. and such survey will then replace

Exhibit A and become a part hereof and will control or describe the

Site. Except as expressly provided in this Exhibit. Landlord and

Tenant hereby agree that in no event will the relocation of the

communications facility of Tenant, or any part thereof. underParagraph A, above, affect, alter, modify or otherwise change any of

the terms and conditions of the foregoing Agreement: and

(5) To the extent applicable, Exhibit B shall be revised to incorporate

any new non-exclusive rights-of-way necessitated by the foregoing

relocation.

Notwithstanding anything to the contrary contained herein, if Tenant, in its solediscretion, elects not to agree to the relocation of the Communications Facility.

Tenant may terminate this Lease upon thirty (30) days' written notice to Landlord.

In the event that Tenant provides such notice of termination, Landlord shall have

the right, in its sole and absolute discretion. to withdraw its plans to relocate the

Communications Facility, and in such event, Tenant's election to terminate shall be

deemed null and void.

(0andlord may, at its expense but without any charge from or cost to Tenant,

use a portion of the Monopole for mounting and operating additional

communications equipment of Landlord or other Montgomery County or other

governmental agencies, provided that a structural analysis is performed, at

Landlord's sole cost and expense, to ensure that the Monopole will support the

additional equipment. Such additional equipment shall be mounted as agreed upon

between Landlord and Tenant and shall not interfere with the operation of Tenant's

equipment, or that of other tenants collocated on the Monopole.

11. COMPLIANCE WITH GOVERNMENTAL LAWS AND REQUIREMENTS.

Tenant agrees to comply with all applicable governmental laws and regulations.

Tenant agrees to comply with the conditions recommended by the Montgomery

County Planning Board in its approval of the Project under the Mandatory Referral

Process, as set forth in the Planning Board decision attached hereto and

incorporated herein as Exhibit F.



12. OWNERSHIP, SUBORDINATION AND NON-DISTURBANCE. Landlord

covenants and warrants that Landlord is seized of fee simple title or of good and

sufficient interest to the Parcel and has full authority to enter into and execute this

Lease. Landlord further covenants that there are no liens, judgments or

impediments to title on the Premises other than those of record.

At Landlord's option, this Lease shall be subordinate to any mortgage or other

instrument by which Landlord from time to time may encumber all or part of the

Premises or right-of-way; provided, however, that every such mortgage and/or

instrument shall recognize the validity of this Lease in the event of a foreclosure of

Landlord's interest and also Tenant's right to remain in occupancy of the Premises

so long as Tenant is not in default of this Lease. Tenant shall execute whatever

instruments may reasonably be required to evidence this subordination clause,

solely to the extent that such instruments contain language specifically

acknowledging the continuing occupancy rights of Tenant in the event of such

foreclosure or other divestiture,

13. RESTORATION OF THE PREMISES. At the end of the term, whether by passage

of time or the exercise of any party of any right of termination, Tenant shall

surrender the Premises to Landlord in the condition specified in this Paragraph.

Tenant shall be entitled to dismantle and remove, at Tenant's sole expense, the

Communications Facility, its support structure, any antennae and all other

alterations, additions, fixtures and improvements made by Tenant to the Premises,

less and except any support structure and any lights, antenna, equipment belonging

either to the Landlord or any third parties. Such dismantling and removal shall be

coordinated in advance with Landlord and shall be scheduled and conducted as may

be reasonably required by Landlord to avoid any adverse impact on the use andoperation of the Site. After such dismantling and removal is completed, Tenant

shall restore the Premises to its condition before the improvements were made,

except for reasonable wear and tear, damage by casualty not caused by Tenant,

changes by Landlord, and equipment owned by Landlord or any third parties that

Landlord requires to remain.

14. TELECOMMUNICATIONS POLICY_ Tenant covenants and agrees that at all

times during this Lease it shall comply with the Landlord's Policy on

Telecommunication Transmission Facilities, as amended from time to time and

published on Landlord's official website located at mcos.k12.md.us . A copy of

current Board Policy ECN is attached hereto and incorporated herein as Exhibit G.



15 .EFAULT. Tenant shall be considered in default of this Lease upon the happening

of any of the following:

(a) A default of ten (10) days in payment of rent from the due date and Tenant's

failure to cure that default within fifteen (15) days after written notice;

(b ) A breach of any term, covenant or condition of this Lease other thanpayment of rent continuing for more than thirty (30) days after Tenant's receipt of

written notice specifying the failure or neglect or such longer period as may

reasonably be required to correct such failure or neglect with exercise of due

diligence, then at the option of Landlord and upon written notice to Tenant,

Tenant's right of possession shall thereupon end and Landlord may pursue any

legal and/or equitable remedies available to Landlord. If Landlord files an action to

enforce any agreement contained in this Lease, or for breach of any covenant or

condition and Landlord prevails in such action, Tenant shall pay Landlord's

reasonable attorneys' fees and court costs, all fees to be fixed by the court;

(c ) The appointment of a receiver or trustee of Tenant's property, assignmentfor the benefit of creditors of all or any of the property of Tenant, or

commencement of any proceedings under any bankruptcy or insolvency law by or

against Tenant (subject to the understanding that if such proceedings are not

voluntarily instituted by Tenant, no default will be deemed to exist hereunder unless

such proceedings are not stayed by appeal or otherwise within sixty (60) days

following such institution).

(d ) In the event of default by Tenant and its failure to cure the default within

thirty (30) days following written notice, Landlord may, at its option, terminate this

Lease and reenter the Premises and again have, possess, and enjoy the same as and

of its former estate. In the event of the re-ntry and termination for default, the

Landlord may, at its option, relet the Premises or any part thereof, for any use

which it may deem reasonable, but the Landlord shall not be under any obligation

to relet the Premises for any purpose other than that specified in this Lease. In the

event of termination for default under this Paragraph 15(d), Tenant shall be liable

for all direct losses and damages (including, but not limited to net unpaid rent and

reasonable attorneys' fees) as the Landlord may sustain as a result of Tenant's

default.

(e) If Landlord shall fail or neglect to keep and perform its obligations so as to

cause a breach of the Landlord's obligations, and such failure or neglect is not

remedied within thirty (30) days (or such longer period as may reasonably be

required to correct such failure or neglect with exercise of due diligence) after



terminate this Lease and pursue any legal andior equitable remedies available to

Tenant.

16. LICENSES AND PERMITS.

(a ) Tenant shall mak e every effort with due speed and d iligence to obtain, at

Tenant's sole expense, all of the certificates, permits and other app rovals that m aybe required by federal, state or local authorities for Tenant's use of the Premises as

set forth in this Lease. Tenant agrees to present evidence at any time during the

term of this Lease or renewals of any extension thereof, that any and all necessarylicenses and perm its continue in effect. Such evidence shall be presented within ten

(10) days of receipt of the Landlord's request for such evidence.

(b ) In the event any such applications should be finally rejected or any

certificate, permit, license or approval issued to Tenant is canceled, expires or

lapses, or is otherwise withdrawn or terminated by governmental authority, or soil

boring tests are found to be unsatisfactory so that Tenant will be unable to use thePremises for the purposes set forth herein, Tenant shall have the right to terminate

this Lease by giving Landlord thirty (30) days ' prior notification of termination. All

rentals paid prior to said termination date shall be retained by Landlord on a pro

- -rata-asis,-otwithstan ding-anything-to- the-contrary--con tained -herein,-f-enant----

does not exercise its right to terminate under this Paragraph 16 (b), Tenant shall

remain liable for all of its responsibilities under this Lease, including the payment of

rent, but shall not have the right to conduct any operations hereunder until it

provides documentation reasonably acceptable to Landlord demonstrating that all

necessary certificates, permits, licenses and for approvals have been issued or

reinstated, as appliCable under the pa rticular circumstances.

17. CONSTRUCTION BY TENANT.

(a)enant shall obtain all necessary approvals, including, without limitation,

those required by the Federal Aviation Administration (FAA) and the Federal--ommunications-Comm ission (FCCT,-for construction and operThon ofThe — --

Communications Facility. After obtaining the necessary permits and approvals

therefor, and after obtaining Landlord's approval of its construction plans, Tenant,



at its sole cost and expense, shall perform or cause to be performedf the

following work:

i.eplacing the existing light standard with a Monopole with a height

up to one hundred fifty feet (150') above ground level.

Tenant will remove the discarded light standard from the Site and deliver it

within Montgomery County where directed by Landlord. Upon completion

of the Monopole's installation, title to the Monopole shall rest jointly in the

Landlord and the Tenant. Notwithstanding the requirements of Paragraph

17 (k), if, not less than ninety (90) days prior to the expiration of this Lease,

Landlord provides Tenant with written notice that Landlord desires to have

the Monopole remain at the Site subsequent to the expiration of this Lease,

Tenant shall have the right, at its sole option, to: (i) convey its title interest to

the Monopole to Landlord on mutually acceptable terms; or (ii) remove the

Monopole and construct, at its sole cost and expense, a substantially

equivalent replacement monopole to be owned solely by Landlord following

completion of construction.

liznstalling-on-the an -ten -nae-as - -

mayay be appropriate for Tenant's operations in accordance with the terms of

this Lease, subject to Tenant's compliance with applicable governmental

regulations.

iii. Installing an 8' chain link fence on each side of the Premises.

iv . Subject to Landlord's approval thereof as provided herein,

performing or causing to be performed all other improvements and workassociated with the work described above that may lawfully be required by

n nfry0v n IP- 4.3 v 0 - 1 r wy rot 7 Dr..% 771 nt a bo d y .471"ja11141 ILL 11.1 j64.1 16. 1L.P • lib• 2.1 1-1.1 **.•-11LL 1

jurisdiction, as part of or in connection with the work described above.

v.enant shall install at its cost stadium lights upon the Monopole

provided that the Landlord shall pay for and provide to Tenant the stadium

lights to be installed and provided that Landlord shall be responsible for any

expenses incurred for the use of such lights, including but not limited to

utility costs. Landlord agrees that Tenant shall install the stadium lights so

that they operate off the Landlord's existing utility source.



(b) Tenant's agreement to perform or cause to be performed all of the work

described above., all at Tenant's cost and expense, shall be construed broadly to

provide for all costs and liabilities of such work, whether or not such costs are

anticipated and without regard to Tenant's present estimates for the cost of same, so

that all of such work is fully and properly performed and paid for by Tenant,andupon completion of same the Site, as altered by such work is as fully functional and

suitable for continued use by Landlord as it was prior to the start of Tenant's work.

Accordingly, the phrase all work shall include, without limitation, all of the

following work actually performed or caused to be performed by Tenant at the Site,

and Tenant's promise to pay for such work shall include, without limitation, all of

the costs and liabilities associated with the following: all labor and materials; design

work; legal and professional fees of Tenant's consultants; permit drawings and

materials; construction costs; construction equipment and materials utilities

extension or relocation; provision of protective fencing and other safety measures;

maintenance; removal of construction related debris from the Site; liability,

property and workers' compensation insurance premiums; bond fees; development

and construction permits; inspections and approvals; re-sodding of all disturbed

areas not covered with impervious surface; replacement or relocation of

landscaping; re-triping of payed areas for traffic control and parking; relocation,

replacement or provision of new safety and traffic/directional signage; connection of

new sidewalks, drives, parking areas and other facilities to Landlord's existing

facilities; and repairs and restoration required as a result of any damage to the Site

caused in the prosecution of the work performed by or caused to be performed by

Tenant under this Lease.

(c) Tenant shall cause construction of the Communications Facility to be

commenced as soon as practicable after receipt of all necessary permits and

approvals and to be completed within a reasonable time thereafter, not to exceedone (1) year from receipt of necessary permits. Once its work on the

Communications Facility is initiated, Tenant shall diligently and continuously

prosecute such work to final completion (including obtaining all required

inspections and approvals) in a timely manner in accordance with a schedule to be

agreed upon by Landlord and Tenant. Such schedule shall limit construction

activities to such days and times as Landlord reasonably may require to avoid any

material and adverse impacts on the use and operation of the Site_ Tenant shall

keep Landlord fully apprized of its progress, and of any events that might impact

the construction schedule. If Tenant fails to perform its work in accordance with

the schedule approved by Landlord, including any Landlord-approved revisions

thereto. and if such failure threatens the safe, proper and timely conduct of school

classes or other operations or uses of the Site, then Landlord shall have the right to



take all measures as it may deem necessary to avoid or abate any interference with

such safe, proper and timely conduct of such classes or - other operations or uses.

Landlord shall endeavor in good faith to give Tenant prior written notice before

commencing any such measures and to coordinate with Tenant in determining the

measures that may be necessary, but Landlord reserves the unqualified right to take

any and all measures that it may deem necessary to assure the safe. proper and

timely conduct of other operations or uses of the Site. Tenant shall permitLandlord's designated inspector full escorted access to all of Tenant's construction

areas during normal business hours and shall provide such inspector access to all

construction plans, drawings and other information reasonably requested.

(d )he Communications Facility shall be constructed by Tenant in a good and

workmanlike manner and in accordance with the plans, drawings and specifications

prepared and provided by Tenant for Landlord's prior review and written

approval, which approval shall not be unreasonably withheld, conditioned or

delayed. Construction and installation of the Communications Facility by Tenant

shall be in compliance with all applicable rules and regulations including, without

limitation, the written specifications and requirements of Landlord previously madeavailable to Tenant by Landlord and those of the Occupational Safety and Health

Administration (OSHA), the FCC, the FAA, and regulations of any applicable

governmental agency (town., county, state or federal) including, but not limited to

the applicable requirements of the local planning and zoning and building,

electrical, communications and safety codes of Montgomery County, Maryland.

Tenant, at its sole cost and expense, shall secure all necessary permits and approvals

required to permit the construction and operation of the Communications Facility.

Landlord agrees to cooperate reasonably with Tenant in any necessary applications

or submissions required to permit construction and operation of Tenant's

Communications Facility as described herein, provided that Landlord shall be

reimbursed for all expenses incurred in providing such cooperation within thirty

(30) days of incurring the expenses, and provided further that obtaining Tenant's

permits and approvals shall not result in the imposition of any material restrictions

or limitations or adverse impacts on the Site or Landlord's use, operation

improvement or redevelopment thereof. All of Tenant's work and facilities shall be

installed free of mechanics', materialmen's and other liens, and claims of any

person. Tenant agrees to defend, with counsel approved by Landlord, and to

indemnify and save Landlord harmless, from all loss, cost, damage or expense

including, without limitation, reasonable attorneys' fees, occasioned by or arising in

connection with the work contemplated by this Lease, and shall bond off or

discharge any such liens or other claims within thirty (30) days after written notice

from Landlord.



(e) Prior to commencing any activities on the Site pursuant to this Lease, Tenant

shall provide Landlord with evidence satisfactory to Landlord that Tenant and its

contractors and agents who will be working on the Site are covered by insurance as

required by Paragraph 20 hereof.

(f) If Landlord permits a third party to place its antennae on the Monopole,

Landlord shall. unless otherwise agreed between Tenant and such third party,

require such third party to remit (in addition to any rent to which Tenant is entitled

to receive from such third party pursuant to Paragraph 22 (e)) to Tenant its pro

rata share (based on the number of users or antennae which the 'Monopole will

support, as jointly determined by Landlord and Tenant) of the construction costs,

and/or licensing fee and remit such sums to Tenant. Notwithstanding the foregoing,

in no event shall Landlord have any liability to Tenant under this paragraph, and

Landlord's failure to cause such sums to be remitted to Tenant shall not constitute a

default hereunder, provided, however, that nothing in this Agreement and/or in any

agreement between Landlord and such third party shall be construed to restrict an y

legal and/or equitable right or remedy of Tenant if such sums are not remitted toTenant by such third party, including, without limitation. Tenant's right to

terminate any agreement it has entered pursuant to which such third party is

permitted to place its antennae on the Monopole.

(g ) Tenant's antennae shall operate only in the frequency range approved by the

federal agencies. If Tenant wishes to use a frequency or frequencies other than the

approved frequency, Tenant shall request Landlord's permission in writing prior to

receiving a frequency change from the FCC or other governmental agency

authorized to establish frequencies. Landlord may grant or withhold such

permission in its sole but reasonable discretion. Without limiting the generality of

the foregoing, it shall be reasonable for Landlord to (a) withhold consent if otherantennae on the Site (whether or not owned by Landlord) are operating in the range

requested by Tenant, (b) withhold consent if Landlord believes that its policy

requiring co-location of transmitting antennae would not be served by permitting

Tenant to expand its frequencies, and/or (c) condition its consent on the payment of

additional rent. Nothing in this Lease shall be construed to limit Landlord's right to

grant other parties the right to construct, operate or modify monopoles, equipment

platforms or antennae on the Site (including the Monopole, it being understood that

such other parties would have no right to modify Tenant's Monopole): provided,

however, that such construction, operation or modification does not interfere with

the operation of Tenant's equipment platforms, antennae or the Communications

Facility.



(h ) Tenant acknowledges thatL andlord rPqnirec In-_oration of qrvt Pnnae located

on the Site to the extent permitted by engineering and aesthetic limitations. Tenant

agrees to design and construct the Monopole to accommodate at least two additional

users and/or antennae.

(i) Tenant shall, upon Landlord's request, fence and buffer the Premises or any

portion thereof. If the Communications Facility is to be constructed near any

existing structure or structures on the Site, Tenant shall (a ) construct the

Communications Facility so that it does not affect the structural integrity of the

existing structure or structures and (b) provide Landlord, at its request, with a

report prepared by an independent third party professional engineer confirming the

structural integrity of the existing structure or structures following the construction

of the Communications Facility.

Tenant shall restore in compliance with the Federal Americans with

Disabilities Act (ADA) (and any state or local law counterpart) any of Landlord'sfacilities physically altered by Tenant's work, only if the altered facilities previously

complied with the ADA.

Tenant shall not make further additions or improvements to the

Communications Facility or the Premises without first obtaining Landlord's written

consent, which consent shall not be withheld, conditioned or delayed unreasonably.

(j) Tenant shall install any electrical, radio, electromagnetic or other types of

protectors deemed required by the Landlord or its consultant(s) to protect the

Landlord's property and equipment from interference, damage or adverse impact

caused by Tenant's use of the Premises.

(k ) Upon termination of the Lease, Tenant shall remove its equipment and

restore the Premises to their former condition, except for reasonable wear and tear

and damage by casualty not caused by Tenant. At its expensei_Tenant shall remove

the Monopole, replace it with a light pole compatible with the other light poles on

the property, and reinstall the stadium lights and any other equipment belonging to

the Landlord.

(I) As long as the Communications Facility and equipment continue to serve as

collateral of a third party financing entity, Landlord waives any lien rights it may

have concerning Tenant's Communications Facility which is deemed Tenant's



equipment continue to serve as collateral of a third party financing entity, Tenant

has the right to remove the same at any time without Landlord's consent. In the

event that the Communications Facility or any of its associated equipment ceases to

be subject to a security interest, Tenant shall provide Landlord with written notice

thereof within thirty (30) days thereafter.

(m ) Landlord acknowledges that Tenant has entered into a financing

arrangement including promissory notes and financial and security agreements for

the financing of the Communications Facility (the "Collateral") with a third party

financing entity (and may in the future enter into additional financing arrangements

with other financing entities). In connection therewith, Landlord (i) consents to the

installation of the Collateral; (ii) disclaims any interest in the Collateral, as fixtures

or otherwise; and (iii) agrees that the Collateral shall be exempt from execution,

foreclosure, sale, levy, attachment, or distress for any Rent due or to become due

and that such Collateral may be removed at any time without recourse to legal

proceedings as long as the Communications Facility and equipment continue to

serve as collateral of a third-party financing entity.

(n ) Notwithstanding anything to the contrary contained in this Lease, Tenant

shall have the option, in its sole discretion, to convey title to the Monopole to

Landlord, subject to all other applicable terms and conditions of this Lease. In the

event that Tenant exercises the foregoing option, by written notice to Landlord as

provided in this Lease, the terms of Paragraphs 17 (1) and 17 (m) shall be deemed

not to apply to the Monopole itself, but shall be deemed to apply only to the

antennae, equipment, equipment shelter and other property of Tenant located at the

Site in accordance with the terms of this Lease.

(o ) During the term of this Lease, and Notwithstanding anything to the contrary

contained in this Agreement, Landlord may not sell, assign, mortgage, pledge,

hypothecate, convey or otherwise transfer its interest in the Monopole without the

written consent of Tenant.

18.NTERFERENCE. Tenant agrees to install and operate equipment of a type and

frequency which will not cause radio frequency interference with other forms of

radio frequency communications existing on Landlord's Parcel as of the date of this

Lease. In the event Tenant's equipment causes such interference, Tenant agrees it

will take all steps necessary to correct and eliminate the interference, consistent with

appropriate government rules and regulations. upon receipt of written notification

of the interference. If the interference is not corrected within thirty (30) days ofreceipt of notification (or such time as may reasonably be required with exercise of



due diligence provided such repairs are begun within said 30 days), Tenant will

cease operation of the equipment causing such interference until such interference is

cured. Landlord shall require that all future radio operators desiring to use this

location will first coordinate with Tenant to ensure that their frequencies and

antenna locations will be compatible with Tenant's so as to prevent harmful

interference. Any subsequent tenants will be required to comply with the sameconditions set forth in this Paragraph 18.

19 . INDEMNIFICATION. Tenant shall defend, with counsel reasonably acceptable to

Landlord, and indemnify and hold harmless, Landlord from all losses, costs. claims,

causes of actions, demands and liabilities arising from (a) any breach by Tenant of

any covenant of this Lease; (b) any misrepresentation by Tenant and/or any breach

by Tenant of any warranty of Tenant contained in this Lease; and (c) any

occurrence arising from (i) Tenant's construction, installation, maintenance, repair,

operation, replacement or removal of the Communications Facility or any other

equipment, or any other activities of Tenant on the Premises, and (ii) the condition

of the Communications Facility and Premises in any way related to Tenant's use of

the Communications Facility of the Premises, including. without limitation, any

personal injury, death, or other accident in any way related to Tenant's use of the

Premises. Such indemnification shall include the cost of investigation, all expenses

of litigation, and the cost of appeals, including, without limitation, reasonable

attorneys' fees and court costs, and shall be applicable to Tenant's activities on th e

Premises whether prior to the Commencement Date or after the termination of this

Lease. In addition to the Landlord, Landlord's board members, staff, officers,

agents, servants, employees, volunteers, business invitees, customers, students,

family members and guests shall be beneficiaries of the indemnification. This

indemnification shall not be applicable to the extent of any negligence or willful

misconduct of the Landlord, its board members. staff, officers. agents, servants,

employees, volunteers, customers, business invitees, students, family members andguests.

20. INSURANCE REQUIREMENTS.

(a )ll property of the Tenant, its employees. agents, business invitees, licensees,

customers, clients or guests, in and on the Premises shall be and remain at the sole

risk of the Tenant. and Landlord shall not he liable to them for any damage to, or

loss of such personal property arising from any act of God or any persons, nor from

any other reason, unless such damage or loss is caused by the negligence or willful

act or failure to act on the part of the Landlord, its board members. staff, officers,

employees, agents or volunteers, nor shall the Landlord be liable for the

interruption or loss to Tenant's business arising from any of the above described



acts or causes, unless such damage, interruption or loss - is caused by the negligence

or willful act or failure to act on the part of the Landlord, its board members, staff,

officers, employees, agents or v olunt ee r s. The Landlord shall not be liable for any

personal injury to the Tenant, its employees, agents, business invitees, licensees,

customers, clients or guests arising from the use, occupancy and condition of thePremises unless such injury is caused by the negligence or willful act or failure to

act on the part of the Landlord, its board members, staff, officers, employees, agents

or volunteers.

(b )uring the term, Tenant will maintain a policy of commercial general

liability insurance insuring the Landlord as an additional insured and Tenant

against liability arising out of the use, operation or maintenance of the Premises and

the installation, repair, maintenance, operation, replacement and removal of the

Communications Facility. The insurance will be maintained for personal injury and

property damage liability, adequate to protect Landlord as an additional insured

against liability for injury or death of any person in connection with the use,

operation and condition of the Premises, and including contractual liability, in an

amount not less than THREE MILLION DOLLARS ($3,000,000.00) per

occurrence/aggregate. During the term, Tenant shall also maintain workers'

compensation, employers' liability insurance, and automobile liability insurance.

(i) Worker's Compensation Insurance - Meeting all requirements of

Bodily injury by accident: $100,000 each accident

Bodily injury by disease: $100,000 policy limits

Bodily injury by disease: $100,000 each employee

(ii) Minimum Automobile Liability:

Bodily injury: $500,000 each person/$1,000,000 each occurrence.

Property Damage: $500,000 each occurrence, including owned, hired,

and non-owned automobiles; or

Combined Single Limit for Bodily Injury and Property Damage of

$1,000,000 each occurrence.

(c )nsurance carried by Tenant will be with companies reasonably acceptable to

the Landlord. The Tenant will deliver to the Director, Department of Facilities

Management, Montgomery County Public Schools, certificates evidencing the

existence and amounts of the insurance. No policy shall be cancelable or subject toreduction of coverage below that required in this Agreement except after thirty (30)



days' prior written notice to the Landlord. Tenant shall, as soon as practicable

following renewal or replacement of such policies (but in no event triore than thirty(30) days thereafter), furnish Landlord with renewals or binders for replacement

policies, or other assurances that the insurance coverage has been renewed.

Notvvithstanding anything to the contrary contained in this Lease, the failure of

Tenant to maintain the insurance required under Paragraph 20 shall constitute an

event of default requiring cure by Tenant pursuant to Paragraph 15 (b), and the

coverage requirements under Paragraph 20 (b) shall not be deemed to limitTenant's liability under this Lease.

(d ) If Tenant desires to self-insure, Tenant shall submit a request to Landlord to

be permitted to self-insure. Such request shall be accompanied by financial

statements of Tenant audited by an independent. third party certified public

accountant, and shall contain all relevant information regarding Tenant's self-

insurance plan. Tenant shall provide Landlord with such further or additional

information as Landlord deems necessary in deciding whether to permit Tenant to

self-insure. Landlord's decision whether to permit Tenant to self-insure shall be

made in Landlord's sole and absolute discretion, shall be in writing, and shall be

effective for a twelve (12) month period from the date of Landlord's approval of

Tenant's self-insurance request, subject to the following provision. If Landlord

permits Tenant to self-insure then (1) Tenant shall provide Landlord annually with

updated financial statements, prepared as set forth above, for Landlord's review

and approval, and (ii) immediately notify Landlord of any act or occurrence which

might materially reduce Tenant's net worth or financial condition, or impair

Tenant's self-insurance program.

(e ) The Landlord shall be named as an additional insured on Tenant's liability

policies.

21. HAZARDOUS MATERIALS.

(a)enant shall not cause or permit any hazardous or toxic wastes, substances

or materials (collectively, Hazardous Materials) to be used, generated, stored or

disposed of on, under or about, or transported to or from, the Premises (collectively

Hazardous Materials Activities) without first receiving Landlord's written consent,

which may be withheld for any reason whatsoever and which may be revoked at any

time, and then only in compliance (which shall be at Tenant's sole cost and expense)

with all applicable legal requirements and using all necessary and appropriate

precautions. Tenant shall indemnify, defend with counsel reasonably acceptable to

Landlord and hold Landlord harmless from and against any claims, damages, costs

and liabilities, including court costs and legal fees, arising out of Tenant's



Hazardous Materials Activities on, under or about the Premises, regardless of

whether or not Landlord has approved Tenant's Hazardous Materials Activities.

For the purposes of this Lease, Hazardous Materials shall include but not be limited

to oil, radioactive materials, PCBs, and substances defined as hazardous substances

or toxic substances in the Comprehensive Environmental Response., Compensation

and Liability Act of 1980, as amended, 42 U.S.C. Sec. 9601 et seq.: HazardousMaterials Transportation Act, 49 U.S.C. Sec. 1801 et seq.: and Resources

Conservation and Recovery Act, 42 U.S.C. Sec. 6901 et seq., and those substances

defined as hazardous wastes in the regulations adopted and publications

promulgated pursuant to said laws. Subject to the foregoing provisions of this

Paragraph. Tenant shall. prior to the Commencement Date, submit to Landlord for

Landlord's review and approval, a list of Hazardous Materials Activities, including

types and quantities, which list to the extent approved by Landlord shall be

attached hereto as Exhibit C. Prior to conducting any other Hazardous Materials

Activities, Tenant shall update such list as necessary for continued accuracy. If

Tenant's activities violate or create a risk of violation of any legal requirements,

such activities shall cease immediately upon written notice from. Landlord.Landlord, Landlord's representatives and employees may enter the Premises upon

prior notice to Tenant at any reasonable time during the term to inspect Tenant's

compliance herewith, and. if required under applicable law, may disclose any

violation of legal requirements to any governmental agency with jurisdiction. The

Landlord represents that: (i) it has not, and, to the best of its knowledge, and except

for ordinary herbicides and pesticides used in normal lawn maintenance, it has not

allowed or permitted any Hazardous materials to be used, generated, stored, or

disposed on, under or about or transported to or from the Parcel in violation of any

applicable law or regulation; and (ii) it will not, nor will it permit any third party to

use, generate, store or dispose on, under or about, or transport to or from the Parcel

any Hazardous Materials in violation of any applicable law or regulation.

(b )andlord acknowledges that Tenant's equipment shelter shall contain

batteries for back-up power and that, provided Tenant's use of same is in

compliance with this provision, the presence of such batteries does not violate this

provision if such batteries comply with all laws, regulations and ordinances relating

to Hazardous Materials.

( C )enant will immediately notify Landlord and provide copies upon receipt of

all written complaints, claims, citations, demands, inquiries. reports, or notices

relating to the condition of the Premises or compliance with environmental laws.

Tenant shall promptly cure and. if feasible under the applicable circumstances, have

dismissed with prejudice any of those actions and proceedings to the reasonable



satisfaction of Landlord. Tenant will keep the Premises free of any lien imposedpursuant to any environmental laws. Tenant shall have the right, from time to time

to submit written inquiries to Landlord with respect to the existence of any writtencomplaints, claims. citations. demands, inquiries, reports, or notices relating to the

condition of the Site or compliance with environmental laws. Landlord shall

respond to any such written inquiries within fifteen (15) business days after receipt

thereof by Landlord. In the event that any such written complaints, claims.

citations, demands, inquiries, reports, or notices do in fact exist. Landlord also shall

advise Tenant as to the current status of Landlord's efforts to comply therewith. If

Tenant determines that Landlord has not promptly cured the conditions leading to

the issuance of any such complaints, claims, citations, demands, inquiries, reports or

notices, Tenant shall have the right to terminate this Lease on thirty (30) days'

written notice to Landlord.

(d ) Landlord shall have the right at all reasonable times and from time to time to

conduct environmental audits of the Premises, and Tenant shall cooperate in the

conduct of those audits. The audits will be conducted by a consultant of Landlord's

choosing, and if any Hazardous Materials generated, stored, transported or released

by Tenant are detected that are not in compliance with local, state or federal laws

and regulations or if a violation of any of the representations or covenants in

Paragraph 21 is discovered, the fees and expenses of such consultant will be borne

by Tenant.

(e ) If Tenant falls to comply with any of the foregoing representations and

covenants, Landlord may cause the removal (or other cleanup acceptable to

Landlord) of any Hazardous Materials from the Premises. The reasonable costs of

removing Hazardous Materials and any other cleanup (including transportation

and storage costs) shall be reimbursed by Tenant within thirty (30) days after

Landlord's presentation of invoices therefor. Tenant will give Landlord access tothe Premises to remove or otherwise clean up any Hazardous Materials. Landlord,

however, has no affirmative obligation to remove or otherwise clean up any

Hazardous Materials, and this Lease will not be construed as creating any such

obligation.

2/. ASSIGNMENT.

(a )enant may not assign this Lease or sublease the Premises without the

written consent of the Landlord. Notwithstanding the previous sentence. Tenant

may assign this Lease or sublease the entire Premises, without Landlord's consent,

to Tenant's principal, affiliates or subsidiaries of Tenant or of Tenant's principal, or

to any corporation, partnership or other entity which (i) is controlled by controlling



or under common control with Tenant; (ii) shall merge - or consolidate with or intoTenant; or (iii) shall succeed to all or substantially all the assets, property and

business of Tenant. In the case of such permitted assignment or sublease, Tenant

shall within thirty (30) days provide to Landlord (a) the name and address of the

assignee, and (b) a document executed by the assignee by which it acknowledges the

assignment and assumption of all of Tenant's obligations hereunder. In all other

instances, Tenant may only assign or sublease its rights and obligations upon

Landlord's written consent, which consent shall not be unreasonably withheld,

delayed or conditioned. A condition precedent to each and every assignment or

sublease shall be (1) that no default exists under this Lease as of the date of such

assignment or sublease; (ii) certification by such assignee that it is in compliance

with all applicable licensing requirements, including those of the FCC and other

applicable agencies; and (iii) except in the event of a transfer permitted pursuant to

the second sentence of this paragraph, Landlord shall be entitled to all rentals in

excess of the rental hereunder arising from any such sublease.

(b ) For any assignment or sublease requiring the consent of the Landlord,

Tenant will, prior to entering into such assignment or sublease, submit in writing to

Landlord (i) the name and address of the proposed assignee or subtenant, (ii) the

business terms of the proposed assignment or sublease, (iii) reasonably satisfactory

information as to the nature and character of the business of the proposed assignee,

as to the nature of its proposed use of the Premises, (iv) banking, financial, or other

credit information reasonably sufficient to enable Landlord to determine th e

financial responsibility and character of the proposed assignee or subtenant, and (v)

the proposed form of assignment or sublease for Landlord's approval.

(c )Notwithstanding anything to the contrary contained in this Lease and after

prior written notice to the Landlord, Tenant may assign, mortgage, pledge,

hypothecate or otherwise transfer without consent its interest in this Lease to any

financing entity, or agent on behalf of any financing entity to whom Tenant (i) has

obligations for borrowed money or in respect of guaranties thereof, (ii) has

obligations evidenced by bonds, debentures, notes or similar instruments, or (iii) has

obligations under or with respect to letters of credit, bankers acceptances and

similar facilities or in respect of guaranties thereof.

(d ) Except for any assignment or sublease permitted by this Paragraph 22,

Tenant shall not grant to or permit any third party to exercise any rights to install,

operate or maintain communications or other equipment on the Monopole or the

Premises without Landlord's prior written approval, which approval may be given,



ivs ithheld or conditioned on such terms as Landlord may require in its sole and

subjective discretion.

(e )enant shall be allowed to license space on the Monopole structure to other

telecommunication providers who have received permission from Landlord to

collocate their equipment and Tenant shall be allowed to retain all rents associatedwith such collocation. Tenant may not enter into a license agreement for the use of

Monopole space unless the prospective licensee has obtained necessary approvals

from the Landlord and the Montgomery County Planning Board. The parties agree

that any licensee obtaining the necessary approvals shall negotiate a separate

agreement with the Tenant for Monopole space and a separate agreement with the

Landlord for ground space.

23.NSPECTIONS. Tenant shall allow Landlord or its agents access for the purpose of

inspecting the Premises, and upon prior notification to Tenant. to enter the Premises

or any part thereof at any reasonable time in a manner so as not to interfere with

Tenant's use of the Site. Landlord shall be accompanied by a representative of

Tenant. In addition, without notice in the event of an emergency, Landlord shall be

entitled to enter the Premises or any part thereof in order to prevent injury to

persons or property. Tenant shall at all times provide the Landlord copies of all

keys needed to unlock all of the gates and locks to the fences in the Premises (but no

keys to the Tenant's equipment cabinets).

24UIET ENJOYMENT. Tenant shall be entitled to use and occupy the Premises

during the Term hereof for the purposes herein permitted and subject to the terms

and conditions herein contained, without molestation or interference by Landlord.

25. DAMAGE AND DESTRUCTION.

(a )f the Premises or the Communications Facility are damaged or destroyed by

reason of fire or any other cause, or if damage to the Premises or the

Communications Facility causes damage to portions of the Site or other property of

Landlord, Tenant will immediately notify Landlord, and Tenant may, within thirty

(30) days after such damage, give written notice of its election to terminate this

Lease and, subject to the further provisions of this Paragraph 25, this Lease will

cease on the tenth (10th) day after the delivery of that notice. Monthly rent will be

apportioned and paid to the time of termination. If this Lease is so terminated,

Tenant will have no obligation to repair or rebuild the Communications Facility,

bu t shall comply with all provisions relating to restoration of the Premises and/or

the Site, as set forth in Paragraphs 9, 13 and 17 (k), if such damage or destructionis

caused by the negligence or willful misconduct of Tenant, its board members. staff.



officers, agents, servants, employees, volunteers, customers, business invitees or

guests. This Paragraph 25 shall not affect Tenant's obligations under Paragraphs19, 20 and 21 of this Lease.

(h)f Tenant chooses to rebuild the Communications Facility rather than

exercising its termination rights under Paragraph 25 (a), monthly rent andadditional rent will not abate pending the repairs or rebuilding if such damage or

destruction is caused by the negligence or willful misconduct of Tenant its board

members, staff, officers, agents, servants, employees, volunteers, customers, business

invitees or guests.

(c )andlord shall have no responsibility to Tenant or any collocating tenants

for damage o r destruction of the Monopole or any other collocation equipment

which is damaged or destroyed by fire or other casualty u n less such damage or

destruction is

caused by the negligence or willful actions of Landlord. its board members, staff,

officers, agents, servants, employees or volunteers.

26. CONDEMNATION. If all or any part of the Premises is taken by eminent domain

or sale in lieu thereof, and if said taking or sale renders the Premises unusable for

its intended purpose hereunder, then, at Landlord's or Tenant's option, this Lease

m a y be terminated and there will be no further payment of rents except that which

may have been due and payable at the time of said taking or sale. In the event of a

partial taking or sale and Tenant, subject to mutual agreement with Landlord,

wishes to maintain its operation, Tenant may continue to use and occupy the

Premises and Landlord shall reduce the rental on the Premises by an amount

proportionate to the part of the Premises taken by eminent domain sale or other

such legal action, and provided Tenant, at its sole cost, restores so much of the

Premises as remains to a condition substantially suitable for the purposes for which

it was used immediately before the taking. Upon the completion of restoration,

Landlord shall pay Tenant the lesser of the net award made to Landlord on account

of the taking (after deducting from the total award attorneys', appraisers', and

other costs incurred in connection with obtaining the award), or Tenant's actual

out-of-pocket cost of restoring the Premises, and Landlord shall keep the balance of

the net award received in connection with any taking subject to this paragraph.

27. BINDING EFFECT. This Lease shall bind and inure to the benefit of the part ies

hereto and their respective successors and permitted assigns.



28. RECORDATION. Either party may record this Lease or a Memorandum of Lease

Agreement in the county land records, but such recording shall be at th e sole

expense of the requesting party and shall not burden the other party.

29. NOTICES. All notices, payments, demands and requests hereunder shall be in

writing and shall be deemed to have been properly given when mailed by UnitedStates First Class, Registered or Certified Mail, postage prepaid, or by reliable

overnight courier, and addressed to the Landlord as follows:

Board of Education of Montgomery County

850 Hungerford Drive

Rockville, Maryland 20850Attn: Director of Facilities Management

with a copy, which will not constitute notice to:

Reese and Carney, LLP

255 North Washington Street, Suite 505

Rockville, Maryland 20850

and to Tenant as follows:

T-Mobile Northeast LLC

12920 SE 38 t h Street

Bellevue, WA 98006

Attn: PCS Lease Administrator

with copies, which will not constitute notice to:


4 Sylvan Way

Parsippany, NJ 07054

Attn. Lease Mgmt. Dept.

T-obile Northeast LLC

36 0 Newark-Pompton Turnpike

Wayne, NJ 07470

Attn: Lease Mgmt. Dept.

or to such other addresses as either of the parties m ay designate from time to timeby giving written notice as herein required.



Superintendent of Schools

30 . WAIVER. No waiver by either party of any breach of any covenant, condition or

agreement contained herein shall operate as a waiver or the covenant, condition or

agreement itself or of any subsequent breach thereof.

31 .ENTIRE AGREENIENT. This Lease contains the entire agreement of the partiesand their commitment to the terms hereof and may not be amended, altered or

otherwise changed except by subsequent writing signed by the parties to this Lease.

Notwithstanding anything to the contrary set forth in this Lease. Landlord and

Tenant agree that the following provisions of this Lease shall not be applicable if

Tenant is not constructing a monopole, tower or other structure or replacing and

existing light standard with a monopole, tower or other structure: (i) the portion of

the second sentence in Paragraph 1 from -structure" through the end of such

sentence; (ii) Paragraph 10 (0; (iii) Paragraph 17 (a) i; (iv) Paragraph 17 (a) vi; (v)

Paragraph 17 (f); (vi) Paragraph 17 (h); (vii) the final sentence in Paragraph 17 (k);

and Paragraph 17 (n). Any term or condition determined to be unenforceable or of

no legal effect shall be severable and have no effect on the remaining provisions of

this Lease.

32 . GOVERNANCE. This Lease shall be governed by. construed and enforced in

accordance with the laws of the State of Maryland.

33 . CONFLICTS. Each party represents and warrants that no officer, employee or

agent of its organization has been or will be paid any sum or offered any gift,

gratuity, employment or other consideration by or from the other party, its affiliates

or agents in connection with assistance in obtaining, arranging, negotiation or

continuation of this Lease.

IN WITNESS WHEREOF, the parties have caused this Lease to be signed by theirauthorized representatives.

WITNESS:OR: BOARD OF EDUCATION OF

MONTGOMERY COUNTY

'



TENAN T: T•Mobile Northeast LLC

By:KEVIN FORSHEE

Title:CHNICAL DIRECTOR

STATE OF MARYLAND, COUNTY 0 wit:

I HEREBY CERTIFY that on this;-4, day of2006, before

me the subscriber, a Notary Public in and for the State afor aid, personally appeared

"Vtitai , as representative for Montgomery County Public Schools, who

made ohth in due form of law, under the penalties of perjury, that the matters and facts set

forth in the foregoing document are true and correct to the best of his/her personalknowledge, information and belief, and that he/she freely and voluntarily executed this

document for the purposes therein contained.

AS WITNESS: my hand and Notarial Seal.

My Commission Expires:



STATE OF MARYLAND COUNTY OF0L ''/A - r to wit:

I HEREBY CERTIFY that on thisay of 1\'‘EA-A-i2006, before

me, the subscriber, a Not ar y Public in and for the State aforesaersonally

appeared f T-Mobile Northeast LLC, whomade oath in due form of law, under the penalties of perjury, that the matters and facts set

forth in the foregoing document are true and correct to the best of his/her personal

knowledge, information and belief, and that he/she freely and voluntarily executed this

document for the purposes therein contained.

AS WITNESS: my hand and Notarial Seal.

Jon,c3\7 -' Notary Public

My Commission Expire •

D E B R A T E MP L E M ANNotary Public

Howard CountyMARYLAND

My Commissionirss r)ez7ernber 01, 2008

5...21001.0b2,1514=m,yelmzrckaorugboe,



Right of way access from

parking lot then along

driveway behind football

field.

13 UM4111.0 R

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EXHIBIT A-I

[Site Drawing Showing Property and Premises]

The location of the Premises within the Property (together with access and utilities)

is more particularly described and depicted as follows

(F U11 equipment to he installed in the future — not depicted):

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EXHIBIT A-2


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EXHIBIT .A-3

[Site Drawing Showing Properry and Premises]

PPremises1



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E X H I BIT B[Map Showing Non-Exclusive Right-of-Way]

Right of way access

from parking lot then

along driveway

behind football field.



EXHIBIT C

HAZARDOUS MATERIALS ACTIVITIES - TENANT

Batteries, Battery Gel, Petroleum



EXHIBIT D

SCHOOL HOURS

7:00 a.m. 7:00 p.m.

Monday — Friday

COMMUNITY USE

For permission to enter the Premises after school and on weekends, the Tenant shall

contact the County Office of Community Use of Public Facilities [(240-777-2706] regarding

their schedule of activities.



EXHIBIT E

RIGHT OF ENTRY AGREEMENT

RE: T-Mobile Northeast LLC

RIGHT OF ENTRY AGREEMENT

THIS AGREEMENT made thisday of200 , by and between MontgomeryCounty Public Schools (hereinafter the "Grantor"), 850 Hungerford Drive, Rockville,

Maryland 20850, and T-Mobile Northeast LLC, 12050 Baltimore Avenue, Beltsville, MD

20705 (hereinafter the "Grantee").

WITNESSETH:

That in consideration of mutual benefits accruing to all parties Grantor does hereby

grant to Grantee their servants or employees, the temporary right to enter onto a portion

of Grantor's property, known as Parcel P939 on Montgomery County Tax Grid GT61.

Said property is known as the Magruder High School, located at 5939 Muncaster Mill

Road, Rockville, MD 20855, for the purpose of traversing a portion of the Magruder

High School to conduct tests for a telecommunications facility. The area of this Right of

Entry is more particularly as shown highlighted on the drawing labeled Exhibit "A,"

attached hereto and made a part hereof.

This right of entry agreement shall commence on200nd terminate no later

than200 . In accordance with the following special conditions during the

term of this agreement, Grantee hereby agrees to:

1. Perform all work within the limits of the defined area in accordance with local

government specifications, including the obtaining of all required licenses and permits,

evidence of which shall be provided to Mr. Richard G. Hawes, director, Department of

Facilities Management.

2. Indemnify and sane harmless (;ranter, its acents and employees against all

liability, claims and demands for personal injury, property damage or other expenses

suffered or arising out of or caused by any act or omission of Grantees, their servants

or employees, due to their entry onto Grantor's property.

3. Guarantee that contractors and/or assigns provide and keep in force and

effect until the termination of this agreement the following insurance with insurance

company/companies licensed and qualified to do business in the State of Maryland.



The Grantees must suLDmit to the Director, Department of Facilities "vial tcay It, acertificate of insurance. Said insurance shall protect the Grantor from any claims arising

from the Grantees or the operation of their subcontractors or by anyone directly orindirectly employed in the work by any of them under this Agreement:

(a ) Worker's Compensation. Meeting all requirements of Maryland law and

with the following minimum Employer's Liability limits:

Bodily injury by accident $100,000 each accident

Bodily injury by disease: $500,000 policy limits

Bodily limits by disease: $100,000 each employee

(b ) Commercial General Liability. Minimum one million dollars

($1,000.000) combined single limit for bodily injury and property damage per

occurrence, including the following coverages: contractual liability, premises and

operations, independent contractors, underground explosion and collapse

hazard, broad form property damage and personal injury.

(c ) Minimum Automobile Liability. Bodily injury: 3500,000 each

person/$500,000 each occurrence. Property damage: $500,000 each

occurrence, including the following: owned automobiles, hired automobiles and

nonowned automobiles.

(d ) Additional Insured. The Grantor must be named as additional insured

on all Commercial, General and Minimum Automobile Liability Policies.

(e ) Policy Cancellation. Thirty (30) days written notice of cancellation or

material change in any of the policies is required.

(f) Certificate Holder:

Montgomery County Public Schools

do Department of Facilities Management

7361 Calhoun Place, Suite 400

Rockville, Maryland 20850

Attention: Richard G. Hawes

4. Restore disturbed areas as near as possible to original condition.

5. Enter the site at a time approved forty-eight (48) hours in advance by the



principal.

Accordingly, the parties hereto have r-2;1ca.r this rlr '= e ment to ':.)e executed as of

the day and year first above written.

WITNESS:OR: Montgomery County Public Schools

(Grantor)

By:Richard G. Hawes, Director

Department of Facilities r'vlanagement


(Grantee)

By:Kevin Forshee

Technical Director



MRY-15-2205 29:05 FROM;O: 9301275...5 (.5. 3Montgomery County Planning Board kzendaune 10, n04

3 .andatory Referral No. 04501-MCPS-1: Magruder High School Stadium Monopole

5939 Iviuncaster Mill Road, DI-wood, RE-1 Zone, Upper R ock Creek Area Master Plan

Staff Recommendation: Approval with comments.

ROARD ACTION

Motion:RYANT/PERDUE

Vote:

Yea:-0Nay:

Other:

Action:PPROVED STAFFRECOMMENDATION TO iRANSMIT A

RECOMMENDATION OF APPROVAL, TO MONTGOMERY COUNTY Pl_71311C SCH OOLS FORTHIS MANDATORY REFERRAL. APPLICATION FOR THE REPLACEMENT OF ONE LIGHT

POLE AT THE OUTDOOR ATHLETIC FIELDS WITH A 120-OOT HIGH POLE, TO BE USED

AS A MONOPOLE SITE FOR -NST_AiL_A_TION OF NINE ANTENNAS AND POSSD3 LE

SHARED USE; CONCURRED LN STAFF'S CONCLUSION =RE IS NO APPRECIABLE

IMPACT ON MEE ENVIRONMENT AND NO PEAK HOUR IMPACTS, THUS THE

APPLICATION MEETS - APPLICA3TENVIRONNEENTTAL- STA.NDARDS -AND - GUIDELLNES - - -

AND APPLICABLE GIMELINES FOR ADEQUATE PUBLIC F.ACMITIES; FURTHER NOTEDTHE REMAINING STA.DIUM/FIELD LIGHTS AND PUBLIC ADDRESS SPEAKERS ARE TO

REMAIN A T T H E 7 5-OO T LEVEL.

Mr. Ed Donahue, representing the ]essee, T-Mobile, accepted the staff rt,comm endation.

Pane 3 of 3



1 4 : 1'Y-1S-233S" 09:06 P7CM: 70:S3012793777 P.2'3

THE FMARYLAND-NATIONAL CAPITAL PARK AND PLANNING COMMISSiONE7S7 Georgia Avenue • Silver- Spring, Mer-yland 205210-37S0

II I (301) 495-4615

.A.PPROVFD

The Montgomery County Planning Board met in regular session on Thursday, June 10 ,

2004, at 9:30 a.m. in the Montgomery Regional OM= in Silver Spring, Maryland, and

adjourn ed at 6:05 p.m.

Present were Chairman Derick P. Berlage, Vice Chair Wendy Collins Perdue and

Commissioners Allison Bryant, John Robinson, and Meredith Wellington.

COMMISSIONERS' REPORTS

Cornrnissioner_W_ellington_reported on the M oro.gomer County Parks FoundationAnnual Golf Tournament held Monday at Little Bennett Golf Course in upper Montgomeryounty. The Commissioner reported it was a gorgeous day, the Commission's team made par,

an d the tournament was a big financial success.

Chairman B erlage commended Department staffwho worked on or contributed to the

success of the staff's An nual International Food Festival. This occasion is not only a culinary

delight, noted the Chairm an, but also a terrific opportunity to celebrate the diversity of the

community and the Commission staff

Commissioner Robinson reported that at a Sunday evenini; banquet of the Allied Civic

Association, which hc attended, Cr-LI - cc awards w ere presented to rner -1 1 .f thg community

and/or the government in recognition of work on behalf of the County. This year's recipients, for

projects that have been "near and dear to the Planning Boar d's 1.1e.art for sometime," the

Commissionerprirg-R-6gtonal-Services -eentar --for' his - - - work-on the Silver Sprinp, Redevelopment project; Dan Wilhelm, a civic volunteer, for his work on bu s

transportation issues and contributions as a m ember of the T ransportation Planning Report 7

ornmi;tee., an d Dan Maier, a civic volunteer, for his work on South Silver Spring revitalization.

DIRECTOR'S P'PrIRT

There were no Director's reports.

items 1 through 9 are reported on the attached agenda.

r . 4 . 7 - itgornery County Planning "oar-cf



MCPBscD/NJ S Item # 5

6/10/04

z

/arsNE MASNAND-NAMP s L k _ C V - P r Z A L P A R K A N D PLAWNS COMPI/SSO)V

June 3, 2004

MEMORANDUM—MANDATORY REFERRAL

TO:ontgomery County Planning Board

VIA:ohn A. Carter, ChieOleCommunity - Based Panning Division

r t0-halid Afzal, Team Leader Georgia Avenue Planning Tea '

FROM:rederick Vernon Boyd, Community Planner (301/495-4654) .\- 7 '- . \',Georgia Avenue Planning Team

SUBJECT: Mandatory Referral 04501-MOPS-1: Magruder High School Stadium Light

PolarTelecommunications Antenna Replacement Project - 5939Muncaster Mill Road, Derwood; Upper Rock Creek Area Master Plan

R E C O M M E N D A T I O N : APPROVAL

P R O JE C T S UM M A R Y

Montgomery County Public Schools proposes, in cooperation with Omnipoint

Communications CAP Operations LLC, to replace one existing stadium light pole at

Magruder High School with a replacement light pole that would hold stadium lights as

well as telecommunications antennas belonging to Omnipoint's parent, T-Mobile

Wireless. The existing 75-oot pole would be replaced by a 120-foot pole.

E SITE

Colonel Zadok Magruder High School is located on a 30-acre site on Muncaster Mill

Road, a short distance south and east of its intersection with Needwood Road.

Adjacent to the property on the north, east and south is land currently farmed. This

property, known as the Casey property, is recommended in the Upper Rock Creek Area

Master Plan for residential development in the Rural Neighborhood Cluster (RNC) Zone.Figure 1 shows the site. Magruder High School opened in 1970, was expanded in 1975

and in 1995. A mandatory referral for an 18-classroom addition was approved in 1999

and subsequently completed. The school occupies about 295.500 square feet. Its

enrollment in the 2003-2004 school year was 2,205.

MONTGOMERY COUNTY DEPAKTMENT Of pAiv< AND PLANNING, 8787 GEOR'.7 .1A AVENUE, SILVER SPEC NC, MARYLAND 20910

www.rn ncppc.org



PROJECT DESCRIPTION

Maaruder's football/soccer fields and track facilities are located on the western side of

the campus and are separated from Muncaster Mill Road by a parking facility. They are

currently illuminated by four light poles, each 75 feet high. MCPS proposes to removeone of the light poles and replace it with a 120 - foot - high pole. The lights and publicaddress speakers would be replaced at the 75 -oot level. At the top of the pole. T-Mobile would install nine antennas, each about six feet long. T-Mobile would install

electronic equipment related to the antennas on a concrete pad under the stadium

bleachers and surround that equipment with a chain link fence. The area used for the

electronic equipment totals about 600 square feet. Figure 2 shows the location of the

proposed monopoly; Figure 3 provides a detailed drawing of the monopole; and Figure

4 depicts the location of associated electronic equipment.

T-Mobile's submission to th e Montgomery County Tower Committee indicates that the

proposed antennas will provide phone service along Muncaster Mill Road between

Norbeck Road (MD 28) and Woodfield Road (MD 124) and to alleviate gaps in service

that occur along the road, especially between Old Mill Run and Emory Lane. The

proposed monopole is designed to accommodate as many as three wireless carriers.

While the Tower Committee did not report interest from other carriers, T-Mobile asserts

in its written submission that a second carrier has approached MCPS and expressed

interest in co-location at the Magruder site.

The proposed monopole site would be unmanned. Existing driveways would be used to

reach the site for maintenance visits that T-Mobile expects to occur no more than twice

a month. T-Mobile is proposing no additional access roads and its site would not affect

e)dsting pedestrian or vehicular circulation systems.

The proposed location of the new monopole is more than 900 feet from the nearest

residence, across Muncaster Mill Road from the high school. The location is more than

1000 feet from rooms in Casey House, a hospice located at the intersection of

Muncaster Mill and Bowie Mill roads.

ANALYSIS

Master Plan

The Upper Rock Creek Area Master Plan, approved by the Montgomery County Council

in February 2004, and adopted by The Maryland-National Capital Park and Planning

Commission in April 2004, makes no recommendations for the Magruder High School

property. It makes detailed recommendations for a property immediately adjacent to the

school. As noted above, the Plan recommends the Rural Neighborhood Cluster zone

for the 336-acre parcel. known as the Casey property, and sets a recommended density

of about one dwelling unit for every three acres. The Plan also specifies a number of

design guidelines for development of the property, most notably specifying that

residential development should be concentrated away from stream valleys in upland

areas, which means that development is likely to occur on parts of the property near

Magruder's campus. In addition, the Plan recommends that the Casey property be

2



CONCLUSION

The proposed project has no appreciable impact on the environment and so meets

applicable environmental standards and guidelines. It has no peak hour traffic impacts

and therefore meets applicable guidelines for adequate public facilities. TheDepartment recommends approval of this mandatory referral.

FB:ha: j:\team 5\magrudermandrel

Attachments

1. Vicinity Map

2. Site Plan

3. Tower Detail

4. Equipment Detail

5. Environmental Planning Unit Memo

6. Transportation Planning Unit Memo

4



ATTACHMENT 1

M A GR U D E R HI GH SC HOOL

k.44; cornpfiee en June 02, 2004 at 332 PM &ft iocateo an base sheet no - 222NW015 Date of Orthoisnotos • session 2002 1. Ortnoohott inucebt Licenser, Von" VANTS

NOTICE

The criarumertric property, and t000graphIc information shown on th:c map n based on co b•rftghted Mae Produces from the MontarmerY

Co; ntY DOPertmerd Of Park and Planning of The Macv4nd - 144Monal Capstai Park and Ptennong Cornrriss400. and may net be corned or

reproduced without written permission from fol--NCPPC

PimTv 1-eAtt a.aCtlerV telld by aerustirra the property arras t s topography mrateri from aimed onorooraprn , ape srootaci riot be brewprated alactual field iLtfloW5_ Plan:metric feeturee were eompaed from 1:14-400 s ue urrtewso phovostrarninetne metRes:1s-

Thcs map is cteated from a variety of date sources, and may not reqect the rnt:31 cent cOrlOnl-nrd el ant one ioCenon and may not be

CornOettelY 114Ctalne or tel w data Ali mac t elitUfel ere apprawarnrrety wrEnet frur tool or two: rue .00rtior.. The oleo rftry not be the

same feet Man Of VII same areas plorted rt art earlier !irtsc ei Th8 danil is cOrThhtla-dthi Ls:slatedf trsis map other Man tor

general pronrung purpnees is runt FlICCIrrtmersOed • aopynpnt 19SO

MONTGOMERY COUNTY DEPARTMENT OF PARK AND PLANNING•-•HE b•LARYLkND-IN A_TION A L CA.PIT.A1 PA.RX. A.ND PLA,•INING COMMISSION

g777 Carorrit Mame - Sieve Song. rern4oner 1aPr 04766

Karr MOO

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n00mswe6s•"

1 Inch 400 feet

: 4800



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ATTACHM ENT 2



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593 9 N1UNCASTER ROAD

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ATTACHMENT 3

PR:P• : )SFT. .; ? i , 4 0 . 0 P I D N ' T 417E6 1 4 A . PLATFORN AND AgrE4NAS

PROPOSED 120' LiCl-fr POLE REPLACE1ENT 'MNR E L O W E D L I G H T S A N D S P E A C R S .

D

ExISTINO 75 . ± LIGHT POLE TO BE REmOvED. LC1.ITSI1k SPEAKERS TO BE RE—LOCATED TO NEW POLE.\i

1 8 ' ±

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P R O P O S E D O M N P O I N T R A D I O C A I D C T ( I T ! )

P ROP OSED LITLI IT IY BACKECARD

PROPIZED CSC CABIPCT COW. PAD —\

P R OP OS ED C AW L H <rota (TrP)

E X ST1NC C H A IN L INK

[FENCE F O R TRACE FIELD

8

PROPOSED CS INSPOINT 1Cx20' COIL. PAD — . /114OTE PPC4001 FOR CLARITY

C ET - E O U I P M E N I T E L E V A T I O N

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OMNIPOIPIT COMMUNICATIONS

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ATTACHMENT 4

- EXISTING TRACK ---

PROPOSE 120' LIGI -TT POLE RMACENDIT f e r r HR EL O C A TED UG HTS A N D SP EA X EM.

EXIS1ING 7.5 . 1 LJO L E T O B E R E M O v E D . U G H T SEXIST ING STARS (TYP) SPEAKERS TO BE RE-LOCATED TO NEW POLE.-

1 1 • •ss •••• 4ss • , x-y_x_x_x-x-1-x-x-x-x-X—YX—X—X—XX—X—X—X--X-•••-1—X—X+I

1 1 1 1 1 1 1 1 1EX I STI N G I -BEA M SUP P O R T F O R BL EA C HE R S (TrP)

P R O P O S E D C H AN UPC FENCE (31r-6"x15)

PROPOSED °LWOW RADIO CAEINET (Tw)

PROPOSED ONNPOINT TD I L20 . CO C. PAD-\

PROPOSED CSC CAWET ON CONC. PAD

PROPOSED 24%36' TELCO PILL BOX

P R O P O S E D U T U T Y B A C P 3 C A R D

P R O P O S E D P P CEFMCE Miff

EXISTING BLEACHERS (ABOVE)

EX I S TI N G RA MP ( TY R)

18'±

XX-- NaX— XEXISTING CONTMNERS

ENLARG ED S ITE PLANS C A L E : 10'

=78 ;

Ni3TC: E 9 1 1 EQUIPMENT TO

BE INSTALLED IN THE

FUTURE - NOT DEPICTED

WANu71 LEASEEXHBT

MCGRUDER I-4113H SCHOOL

5939W.; INICANTERROAD

ROCKVILLE, MD 2tne55



ATTACHrOENT 5

MONTGOMERY COUNTY DEPART ENT OF PARK AND PLANNING

T H E M A R Y L A N D - N A T 1 O N A L C A P I T A L

P A R K A N D P L A N N I N G C O M M I SS IO N

8787 Georgia AtMite

Si lver Spring, Micryland 20910-3760

MEMORANDUM

DATE:une 2, 2004

TO:red Boyd, Community Based Planning Division

VIA:ary Dolan, Countywide Planning Division, Environmental Section

FROM:arion Clark, Countywide Planning Division, Environmental Section

SUBJECT: Mandatory Referral No. MR-04501-MCPS-1

Magruder High School Monopole

The Environmental Planning staff has reviewed the referral referenced above. Staff

recommends approval of this mandatory referral.

Forest Conservation

This site has an approved Natural Resources Inventory; Forest Stand Delineation

(NRI/FSD). An exemption of the Forest Conservation Law has been grantedbecause the proposal is a modification to an existing use that is clearing no more

than a total of 5,000 square feet of forest; does not clear forest within a stream buffer

or on property subject to Special Protection Area Water Quality Plan requirements;

and does not require a new subdivision plan. The plan is not subject to requirementsfor a Tree Save Plan because no specimen trees will be removed or have greater

than 30% of the critical root zone impacted.

Water Quality

This site is located in the Lake Needwood subwatersheds of the Upper Rock Creek

watershed. County Council just designated this area of the Upper Rock Creek

watershed a Special Protection Area. A Water Quality Plan is not required, however

since this proposal does not disturb more than 5000 square feet.

The Countywide Stream Protection Strategy classifies this as a Watershed

Restoration Area with fair stream conditions and good habitat conditions. There is a

low imperviousness overall, however the take is eutrophic and recreational facilites

have an impact.



Environmental Guidelines

This proposal is not within the Patuxent River Primary Management Area. The site is

not encumbered by environmental buffers such as; floodplain, stream valley

wetlands. There are no steep slopes.



ATTACHMENT 6

MONTGOlvERY COUNTY DEPARTMENT OF PARK AND PLANNLNG

TI:P. MARYLAND-NATIONAL CAPITAL

PARK AND PLAN NING COMMISSION

8787 Georgia AvenueSilver Spring, Maryland 20910-3760une 3, 2004

MEMORANDUM

T O :red Boyd, Senior Planner

Community-Based Planning Division

VIA:aniel K. Hardy , Supervisor

Transportation Planning

F R O M :d A.xler, Planner/CoordinatorTransportation Planning

SUBJECT: Mandatory Referral MR 04501-MCPS-1

T-Mobile Telecommunication Facility

MCPS Colonel Zadok Magruder High School

Rock Creek (Rural) Policy Area

This memorandum is Transportation Planning staff's adequate public facilities

review of the subject mandatory referral.

FINDING

Transportation Planning. staff has no transportation-related requirements

associated with the telecommunication facility located on Montgomery County Public

School's property.

The proposed telecommunication facility will be unmanned with only one or two

monthly maintenance visits by one or two technicians most-likely traveling in the same

vehicle. Therefore, the proposed telecommunication facility will -not generate peak-hour

vehicular trips during the weekday morning peak period (6:30 a.m. to 9:30 a.m.) and the

evening peak period (4:00 p.m. to 7:00 p.m.). Staff therefore finds that the proposed

telecommunication facility satisfies the Local Area Transportation Review and Policy

Area Transportation Review tests and will have no adverse effect on area roadwayconditions.



DISCUSSION

Site Location, Vehicular Access. and Pedestrian Facilities

The proposed telecommunication facility is on Montgomery County PublicSchool's Colonel Zadok Mauuder High School, Parcel P939. The school is located

northeast of Muncaster Mill Road (MD 115) and southeast of Needwood Road. The

vehicular accesses would be the existing four site access points from Muncaster Mill

Road. The proposed mandatory referral will not adversely affect the existing pedestrian

access.

Master Plan Roadways and'BikewaYs

According to the Upper Rock Creek Area Master Plan, the master plan roadways

and bikeways are as follows:

1 .eedwood Road is designated as an east-west two-lane primary residential street,

P-8, with a 70-foot right-of-way and a Class I bike path.

Muncaster Mill Road (NO 115) from Redland Road to the North Branch of Rock

Creek is designated as a north-south two-lane arterial, A-93, with an 80-foot right-

of-way and a Class U bike path._

The Magruder Bikeway is recommended as a connection between Rock Creek

and Shady Grove and includes bike path connection designated and built as part

of the development of Casey Property to serve Colonel Zadok Magruder High

School.

Local Area Transportation Review

Local Area Transportation Review is not required because the mandatory referral

for the proposed telecommunication facility does not generate any peak-hour vehicular

trips during the weekday morning and evening peak periods.

Policy Area Transportation Review

The Rock Creek Policy Area is one of the five rural policy areas with no assigned

staging ceilings for jobs or housing units under the current FY 2004 Annual Growth

Policy. Under the FY 2005 Annual Growth Policy to be effective July 1, 2005, Policy

Area Transportation Review would be no longer applicable.

EA:gw

rrano to boyd re rrr 04501-rncps-1-1-moblie telecom fat

2



EXHIBIT F

DECISION OF MONTGOMERY COUNTY PLANNING BOARD

DE R: -.N - r OF TRCH 01_0(1Y SE RV lcEs

DanglesL' t :R Pl is m i n e L 'O WN CrOVICry:f !aloes, 441:o* tit firer

fENJOILANDI. ' \ , 1

Februar). lg. z o -i4TO.)1Lribution

rikON,d;obetv P. Hunnicutt, Tower Cixrdinurrir

Trice-mrirounieznims Trannrii2ssiorirzitip tTTFCC i)

SUBJECT: Notification fif Action

At its Meettne of February lq. 2004. the Mont2wnery Count!" TTFCC3 vcro:d to recarruncriti the

folicrihin4 vpliceiors:

• T-Nl&ite ar,iiczicinT u t . . 1 1 ;lint 7ntennas at thee n e f _ . 1 o f a n KiStirit! Ica

m u n o l.-vic it.xmlrd XL the Sand?, Spricg Vcvlemeer Fin Department Bon ar 1 ,5913

CleOntia ACCILIbe n Ruckiiille 044 ication g . I C X ) 4 0 : 1 - 4 3

• T-Mo bcle apri limit in to construct a new i :U' moinopvic to n.-piaLe an existiDg 75 uthltdc

field light at Magruder High SchDol 14.)cnt at 5 ,)39 Munctia;ter Mill Raid in RockvilleA.ppl ication ;4 22oao2-021.

• Cingular wh firs applk.Lion to '.nsta.11 :weive 48 riter.nas at the 54' . 56 ' ubd 62 ' levet!

un L c mof of the Pog.ai Training Facility toc..ved at 10130 De:m.1=w.! Botilev/ni a m

Potorna- (Ap plicntion '`2044!. 2 - 4K

• T-Mobile uppliattion to iristztil nine 48" nutt:nnas af. the 45' irve! on the roc:f uF m

misting = 5' C oircvood Ccnia building 10 at 3: 10t30: L:..)clo.vooti Drive in Si iver Spr ing

(App litmtiVri 4'200402-05 ;.

101MIL71.01 Am f vat art ifacall s ma r .• !UM Samiinc7.3104.1zipi V •'I weir MI6 V .

OfFter. si s shk *moan it_ntinst

fps Nt ry tend ve & Setts :f41. Riot-v.0k, i1 en lire 2 ", - 10ki

1 4 / 0 - 7 7 5 - : 2 1 1 K -7--t! ,



EG N

BOARD OF EDUCATION

OF MONTGOMERY COUNTYOLICY

EXHIBIT G -1

r-771?_p_rn D DCIT ICY rrN41•

Related Enoles;

Responsible Office.St.:7pc:-71 7e- Se iris

TelecommuniCztions Transmission Facilities

A. PURPOSE

"rj dualas. ce=-'irich the Scar42r-Laucanc.r.,nd make cie.c.sicns..tncernia-c; appiic..r.s to plane prn. -azeaciiries

w l-Ail by lie Board of 1.ducaron

S. ISSUE

There har-e been r°que-3%3 ro place privaw teiez.1==.1.41--=tions tran=ieSiOr. :awes4res pwriett b' the B-34rd of 1 1 ..iithm7.:cr.. Federal ,a_nd =claw La7.- # prpFitie :for ilich

piacemente. Thef Ed=azIon aeei,ia 'with wi.ch o c. -?r-sid..er

requests without crat.prrriir.g beystem'sni2livn to provide a saie az1d

suvpor*thvel environmenth academicf every student.

C. PCLSMON

The Board of Ila,canon supports &2-dersi and wur.ry ledeisinton relarLag t the

,..r.fara.st-acture of modern Lt1bCor=aLLILir-2 o.ons 3sterts and wishes to implement Wiese

laws without contrtemining the primer.: mission of the orePt?=fration which is ao provide

a safe end suppordre envizonmienz for the academic sate af Even student.

Factors such as sit size, compatability with the catclty's Nia....zr.er Plan and=lino1 sire

development plan, impact an school operataz as, sthool aid :t7 pu g (including

school personnel and neighborhood cizzeasa cc =erns), compe.n.sadon. and the ability

to co-locate teleminzatmication farliciss at the site shall all be cxisidered when

ev3luaring sites fr•. mieozalmurdeadorts achool ,;rroperz-, Sp --d.:Sally, the

following criteria will be corisiciema in the e-..-plua6on pr>posals:

.f.) Conformance of the pt :pc tth.rziers.1 and =u.r.117 legislator, as den:Lor--:-trated

in the muzzy's Teleoommuniondons Transmigs-n-on Factor` ring G reup's

=CM recommendzIdon and the Maryland-National Capital Park and Planing

Commission avi-NCPPC) report.

b) Tele=inzaunitations Tirov.iders"nowt- f purst.nt Cvi cn-loca .non

other vendors andlor

of 3



EXHIBIT G -2


ECN

Telecn=uazinar.onz pr :--rvzders ==r hare a Ir.--r..,;-rant.ge =a5-..er pia for f.tirariazeiecommurficants rr3itnrrt 4 cLacdites throushout :he .. -ocz

4- .acth.e school Sire and operations base ,' on in.put fro= licnixsi staff.?Ts -k ,

=moat:mit:7 grocps. and taclines naff. These =asiderations should incluc. ze

following!

NohaLl be =rt_dervd unies.s it=Letts the 3ca-age. 7: t, dtand..srise hacz requi_rernenta

nYr ace structure sh..aL be biace_dc.:nooi Si-2.=.1ess sp eczzica a y

ner.-idad and avreed mLI:.-arms of eye lease

3 ► n7-7 proposed iaszarlaz.an sac:* allaie: arld hea:th.

recuarements set tt—..h a hrt.._ sta, and aount7 -...c-des and rezuiarar..

I ; Any proposed ir.ST.Z.1.1.112.0U =u.sz be az---aizectmr-411:7 an. aezr„ h e =2ay

c ...ompazibie wi:h the sL..hool ste

Fr1- applicaor:s in-natt-ng ww monopoles or =Avers . :h a applica.nt rnal,-tg the

proposal responkhie for nod-Scan.= of pots:tr.:4112y affeatd ;xmmunizzies

6) aistariadat4. and 1.1-as.,il not cbropt normal °per -anion schoai ustem

arr.v-itnes =diem cu=n-u7.73C ities as deter=ined by the

manager

The aaalicaat shall be a. :e nd relatedbr Labiliry and

=aintanance arising from be in.stallation and opera= n- Tbzs would

taclude related upkeep, repair. and appearance of the tower, monopole.

equipment buildiri,_.f% enclosed grounds and fenag, and prorxision for its

re ova.,

e) Demonstrated record in crthernsmilazions of oarapiiant• with contmcmr:11

3;^'_-Cements and Elm.=W ztraiaztry standards. I= the event of the

. . 1 . .cntzumutt.ications company's ' ,74r7.-uptcy, a sc±fident bond is in TA= to cover

the ce:ist of removing the tranmmnissionaty and ^attuning the site W its previous

t) Benefir to :he Board including provision. ai r...-_venue to support ecluctrional

Liziprovenntesrs.

sranda.rd MCPS. lease norm shall. govern an leasm and permits Enr



Memorandum of Lease Assessor's Parcel Number: 08 00702207

Between The Board of Education of Montgomery County ("Landlord") and T-Mobile Northeast LLC ("Tenant -

A Lease Agreement for Telecommunications (the "Lease") by and between The Board of Education of Montgomery

County ("Landlord") and T-Mobile Northeast LLC , a limited liability company ("T enant") was made regarding a portion of thefollowing property .

See Attached Exhibit "A" incorporated herein for all purposes

The Lease is for a term of five (5) years and will commence on the date as set forth in the Lease (the "Commencement

Date"). Tenant shall have the right to extend this Lease for three (3) additional and successive five-year terms.

IN WITNESS WHER EOF, the parties hereto have respectively executed this memorandum effective as of the date of the last

parry to sign.

LANDLORD: The Board of Education of Montgomery County

By:

Printed Name:east, Ed.D .

Its:uperintendent of Schools

Date:A/ O6'

TENANT:-Mobile Northeast LLC

By

Printed Name:

Its:

Date:HNICAL DIRECTOR

5- - 5 -



of

is instrument was acknowle*.ed before me on

c PS[name of entity].

Dated:

/'Votary block for Corporation, Partnership, Limited Liability Company'

STATE OF 11(

COUNTY OF —ht) ss.

[title]entity], on be alf of said A/ C

firUz•\%.-

Notary Pu blic

Pnnt Name

M yission exp o -

I.Votan block for Landlord/

P LCI-u-eNotary Publi c

Print Name f r 7 la _ P 1 et A a l–lft Ga._

My commission expires . 7/ ra-d i e)J

(Use this space for notary stam piseal)

ilVotari block for Tenant/

STATE OF- 1)ss

.

COUNTY OF

1 j- - 3 2 1 5 1 1 e Q -certify that I know or have satisfactory evidence that r\e-Vi r) s the person who appearedbefore me, and said person acknowledged that he signed this instrument, on oath stated that be was authorized to

execute the instrument and acknowledged it as the --rC/k‘ 1 1 e _ . e > l f 3 - 1 - f T-Mobile Northeast

LLC , a limited liability company, to be the free and voluntary act of such parry for the uses and purposes mentioned in

the instrument.

Dated:

Notary PublicHoward County

MARYLANDMy Commission Expires December 01, 2008

(Use this space for notary s tamp/seal)



Memorandum of Lease EXHIBIT A-1Legal Description

The Property is legally described as follows:

The leased premises ("Premises") consist of approximately 200 square feet of that certain

tract of land lying in Montgomery County, Maryland, containing approximately 29.99

acres and conveyed to the Landlord pursuant to a deed dated August 7, 1961 and recorded

in the Land Records of Montgomery County, Maryland in Liber 2875, Folio 263, which

property is known as the Magruder High School ("the Site"). The Parcel is further

identified as Parcel P939 on Tax Map GT61. The Premises are more particularly shown on

a site drawing attached hereto as Exhibit A-2 and made a part hereof.



EXIIIBIT A-1


The location of the Prem ises within the Property (together with access and utilities)

is more particularly described and depicted as follows

(E911 equipm ent to be installed in the future -- not depicted):

Right of way access from

parking lot then alongdriveway behind football

field.roarowo r r y o u rwxr,r.rrer

Ism,4:-e- -

r I r s t i gtr •

to

LWIFFel i

For um. Form c ma t . r o t C r Eni XX•ILSX =MD X IF.

R z c o n _ r-_ e c BM}

/17: Sirailfg-- - A.1:04 -101% FatUnzt- -

- - ' r ]

r ► re‘ I X E L

caBILEE IVR1R MEM g

e d : 1 2 41YEPIIMN ?WA PCSRWALLI,1 3 1 1 3 1

VAL

IIIIIKZEZI Mir, PULL-Ili i i 4 1 1 1 1 F 1.1C111141 Of TM

ICIENI WARE rpArelorra

c a m r u m m e r

"OS F E P L A N

c-1 kV & r icc-r



EXHIBIT 3.-2

'Site Drawing Showing Property and Premises]

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L'- 4Q11.1111•1.0.

wANO7 I - McGS;WOCX1 1-4-Z•

*Oaf+ MD updr &ATER 4 41X,D .•OCICVILl_E. MD 20655

ovcr.rwz sRau I 'am-cac rp4r.1.....1...1_:_•=F IN TltLT- Ike • .41nrr Deo!CrCo

D Z M P C 0 : 1 1 0 0 1 1 5 1 1

— EWING T W I P A C K

P RIP CM In Jawrcuiserre-abott GM 4L SP arkk.- t.

acErr tewr chCLEitk*"4 smixQvAg TE 1E. : A cO - A X . E ,

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magruder high school lease

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