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Form 2800-18 Issuing Office Phoenix District Office (Revised March 2004) Serial Number AZAR-07477 THE UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF LAND MANAGEMENT COMMUNICATIONS USE LEASE MARICOPA COUNTY COMMUNICATIONS of 301 W. JEFFERSON STREET STE 960 (Lessee Name) (Billing Address - 1) 301 W. JEFFERSON STREET STE 960 PHOENIX AZ 85003 (Billing Address -2) (City) (ST) (Zip Code) THIS LEASE, dated this day of , 20 , by and between the UNITED STATES OF AMERICA, acting through the Bureau of Land Management, Department of the Interior (hereinafter called the "United States" or "Bureau of Land Management"), as authorized by the Act of October 21, 1976, and implementing regulations (90 Stat. 2743; 43 U.S.0 1701, et seq.; 43 CFR 2800), and MARICOPA COUNTY COMMUNICATIONS, its agents, successors, and assigns (hereinafter called the "Lessee"). The United States and the Lessee are jointly referred to herein as the "Parties." As used herein, the "Authorized Officer" refers to the Bureau of Land Management official having the delegated authority to execute and administer this lease. Generally, unless otherwise indicated, such authority may be exercised by the Field Manager or District Manager, for the public lands, wherein the following described lands are located. The United States, for and in consideration of the terms and conditions contained herein and the payment to the United States of a rental in advance by the Lessee, does hereby grant to the Lessee a lease for the following described lands in the County of MARICOPA , State of ARIZONA : 1.3 N., R. 3 W., TRACT 37 (APPROXIMATELY SECTION 27), G&SR MERIDIAN (hereinafter called the "property"). The Lessee accepts this lease and possession of the property, subject to any valid existing rights, and agrees not to use the property, or any part thereof, except as a site for only the construction, operation, maintenance, and termination of a communications facility. A general area map, of all the peaks that make up the White Tank Mountains, is attached as Exhibit A. Maricopa County Communications, serial number AZAR-07477, is physically located on the East Peak of the White Tank Mountains. The "White Tank Mountain Stipulations" are those from the original grant/lease and are shown as Exhibit B. The purpose, scope, qualifications, and bylaws are located in the Constitution for the WHITE TANKS IMPROVEMENT ASSOCIATION CONSTITUTION dated 02/28/1994, which is attached as Exhibit C. Exhibit D, LE-2.1, LE 2.2, LE3 show the approved site plan while Exhibit E are added mitigation measures or "Standard Stipulations" for this communication use lease. The labeled exhibit(s), attached hereto, are incorporated into and made a part of this instrument as fully and effectively as if they were set forth herein in their entirety. The parties agree that this lease is made subject to the following terms and conditions. I. TENURE, RENEWAL AND TRANSFERABILITY A. This lease will terminate at one minute after midnight, on July 11, 2035. Termination at the end of the lease term occurs by operation of law and does not require any additional notice or documentation by the Authorized Officer. This lease is not renewable; but the Lessee has the right to request a new lease pursuant to paragraph "C" below. B. The Lessee will undertake and pursue with due diligence construction and operation that is authorized by this lease. C. If the Lessee desires a new lease upon termination of this lease, the Lessee must notify the Authorized Officer accordingly, in writing. The notice must be received by the Authorized Officer, at least one year prior to the end of the lease term. The Authorized Officer will determine if the use should continue and, if it is to continue, if a new lease should be issued to the Lessee and under what conditions. The Authorized Officer will require payment of any amounts owed the United States under any Bureau of Land Management authorization before issuance of another authorization. D. This lease is assignable with prior written approval of the Authorized Officer. Renting of space does not constitute an assignment under this clause. II. RENTAL A. The Lessee must pay in advance an annual rental, determined by the Authorized Officer, in accordance with law, regulation, and policy. The annual rental will be adjusted by the Authorized Officer to reflect changes in fair market value [annual adjustments using the Consumer Price Index-Urban (CPI-U)], changes in tenant occupancy or phase-in of rental, if applicable. B. After the initial rental period, rental payments are due at the close of the first business day, after January 1, of each calendar year for which a payment is due. Payments due the United States for this use must be deposited at Bureau of Land Management, PHOENIX DISTRICT OFFICE, in the form of a check or money order payable to Bureau of Land Management, Department of the Interior (DO!). Credit card payments (VISA and MasterCard) can be made in person, through the mail, or by telephone. This lease will terminate automatically if accrued rent is not received by the Bureau of Land Management within 90 calendar days, after the initial due date, for the payment of such rent. C. Pursuant to the Federal Claims Collection Act of 1966, as amended, 31 U.S.C. 3717, et seq., regulations at 7 CFR Part 3, Subpart B and 4 CFR Part 102, an interest charge will be assessed on any amount due but not received by the due date. Interest will accrue from the date the payment was due. Administrative costs will also be assessed in the event that two or more billing notices are required for unpaid accounts. In addition, an administrative penalty, at a percentage rate prescribed by law or regulation, will be assessed for failure to pay any portion of the debt that is more that 90 days past due This paragraph survives the termination of this lease, regardless of cause. Other late fee charges may be assessed in accordance with standard Bureau of Land Management accounting procedures and policy. D. Disputed rentals are due and payable on or before the due date. RESPONSIBILITIES OF THE LESSEE A. The Lessee is authorized to rent space and provide other services, to customers and/or tenants, and must charge each customer/tenant a reasonable rental, without discrimination for the use and occupancy of the facilities and services provided. The Lessee must impose no unreasonable restrictions nor any restriction restraining competition or trade practices. By October 15th of each year, the Lessee must provide the Authorized Officer a certified statement listing all tenants and customers, by category of use located within the facility, on September 30th of that year. B. All development, operation, and maintenance of the authorized facility, in addition to improvements and equipment located on the property, must be in accordance with stipulations in the communications site plan, approved by the Authorized Officer. If required by the Authorized Officer, all plans for development, layout, construction, or alteration of improvements on the property, as well as revisions of such plans, must be prepared by a licensed engineer, architect, and or landscape architect. Such plans must be approved in writing, by the Authorized Officer, before commencement of any work. After completion, as-built plans, maps, surveys, or other similar information will be provided to the Authorized Officer and appended to the communications site plan. C. The Lessee must comply with applicable Federal, State, county, and municipal laws, regulations and standards for public health and safety, environmental protection, siting, construction, operation, and maintenance in exercising the rights granted by this lease. The obligations of the Lessee under this lease are not contingent upon any duty of the Authorized Officer, or other agent of the United States, to inspect the premises. A failure, by the United States or other governmental officials, to inspect is not a defense to noncompliance with any of the terms or conditions of this lease. Lessee waives all defenses of laches or estoppels against the United States. The Lessee must at all times keep the title of the United States to the property free and clear of all liens and encumbrances. D. Use of communications equipment is contingent upon the possession of a valid Federal Communications Commission (FCC) or Director of Telecommunications Management/Interdepartmental Radio Advisory Committee (DTM/IRAC) authorization (if required), and the operation of the equipment is in strict compliance with applicable requirements of FCC or IRAC. A copy of each applicable license or authorization must at all times be maintained, by the Lessee, for each transmitter being operated. The Lessee must provide the Authorized Officer, when requested, with current copies of all licenses for equipment in or on facilities covered by this lease. E. The Lessee must ensure that equipment within his or her facility (including tenant and customer equipment) operates in a manner which will not cause harmful interference with the operation of existing equipment on or adjacent to the communications site. If the Authorized Officer or authorized official of the FCC determines that the Lessee's use interferes with existing equipment, the Lessee must promptly take the necessary steps to eliminate or reduce the harmful interference to the satisfaction of the Authorized Officer or FCC official. F. When requested by the Authorized Officer, the Lessee must furnish technical information concerning the equipment located on the property. IV. LIABILITIES A. The Lessee assumes all risk of loss to the authorized improvements. B. The Lessee must comply with all applicable Federal, State, and local laws, regulations, and standards, including but not limited to, the Federal Water Pollution Control Act, 33 U.S.C. 1251 et sea., the Resource Conservation and Recovery Act, 42 U.S.C. 6901 et seq., the Comprehensive Environmental Response, Control, and Liability Act, 42 U.S. C. 9601 et seq., and other relevant environmental laws, as well as public health and safety laws and other laws relating to the siting, construction, operation, and maintenance of any facility, improvement, or equipment on the property. C. The Lessee must indemnify, defend, and hold the United States harmless for any violations incurred under any such laws and regulations or for judgments, claims, or demands assessed against the United States in connection with the Lessee's use or occupancy of the property. The Lessee's indemnification of the United States must include any loss by personal injury, loss of life, or damage to property, in connection with the occupancy or use of the property during the term of this lease. Indemnification must include, but is not limited to, the value of resources damaged or destroyed; the costs of restoration, cleanup, or other mitigation; fire suppression or other types of abatement costs; third party claims and judgments; and all administrative, interest, and other legal costs. This paragraph survives the termination or revocation of this lease, regardless of cause. D. The United States has no duty, either before or during the lease term, to inspect the property or to warn of hazards and, if the United States inspects the property, it will incur no additional duty nor any liability for hazards not identified or discovered through such inspections. This paragraph survives the termination or revocation of this lease, regardless of cause. E. The Lessee has an affirmative duty to protect from damage the land, property, and interests of the United States. 1. If Lessee is a State or political subdivision thereof and such entity has statutory or constitutional authorities limiting the amount of liability or indemnification payable, the Authorized Officer must prepare a risk assessment to determine the United States' potential for losses due to personal injury, loss of life, or property damage caused by the State's use or occupancy. If the Authorized Officer determines, through the risk assessment that the potential for injury, loss, or damage caused by the State's use or occupancy is in excess of the State's liability limitation, the State must procure, as a requirement to be fulfilled before execution of this lease, insurance (see below), and name the United States, together with the State, as an insured on the policy(s), in the amount determined in the risk assessment that exceeds the State's liability limitation. 2. The Lessee must maintain $ N/A worth of insurance coverage, naming the United States additionally insured on the policies(s), to partially fund the indemnification obligations of the Lessee for any and all losses due to personal injury, loss of life, or property damage, including fire suppression and hazardous waste costs. The Lessee must furnish proof of insurance (such as a surety bond, or certificate of insurance) to the Authorized Officer prior to execution of this lease and verify annually, and in writing, the insurance obligation to the Authorized Officer. The Authorized Officer may allow the Lessee to replace, repair, restore, or otherwise undertake necessary curative actions, to the satisfaction of the Authorized Officer, in order to mitigate damages in addition to or an as alternative to monetary indemnification. F. In the event of any breach of the lease by the Lessee, the Authonzed Officer may, on reasonable notice, cure the breach at the expense of the Lessee. If the Bureau of Land Management at any time pays any sum of money or does any act which requires payment of money, or incurs any expense, including reasonable attorney's fees, in instituting, prosecuting, and/or defending any action or proceeding to enforce the United States nghts hereunder, the sum or sums so paid by the United States, with all interests, costs and damages will, at the election of the Bureau of Land Management, be deemed to be additional rental hereunder and will be due, from the Lessee to the Bureau of Land Management, on the first day of the month following such election. V. OTHER PROVISIONS A. Nondiscrimination. The Lessee must at all times operate the described property and its appurtenant areas and its buildings and facilities, whether or not on the property, in full compliance with Title VI of the Civil Rights Act of 1964 and all requirements imposed by or pursuant to the regulations issued thereunder by the Department of the Interior and in effect on the date this lease is granted to the end that no person in the United States will, on the grounds of race, sex, color, religion, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any of the programs or activities provided thereon. B. Termination and Suspension. I. General. For purposes of this lease, termination and suspension refer to the cessation of uses and privileges under the lease. "Termination" refers to an action by the Authorized Officer to end the lease because of noncompliance with any of the prescribed terms, abandonment, or for reasons in the public interest. Termination also occurs when, by the terms of the lease, a fixed or agreed upon condition, event, or time occurs. For example, the lease terminates at expiration. Termination ends the Lessee's right to use the public land for communication purposes. "Suspension" is a temporary action and the privileges may be restored upon the occurrence of prescribed actions or conditions. 2. This lease may be suspended or terminated upon breach of any of the terms or conditions herein or upon nonuse, or when in the public interest. Nonuse refers to a failure to operate consistently the facilities on the property for any period during the term in excess of 180 days When suspended or terminated in the public interest, the Lessee will be compensated subject to the availability of appropriated funds. Compensation will be based upon the initial cost of improvements located on the lease, less depreciation as allocated over the life of the improvements as evidenced by the Lessee's Federal tax amortization schedules. 3. Except in emergencies, or in case of nonuse, the Authorized Officer will give the Lessee written notice of the grounds for termination or suspension and a reasonable time, not to exceed 90 days, to complete the corrective action. After the prescribed period, the Bureau of Land Management is entitled to such remedies as are provided herein. 4. Any discretionary decisions or determinations by the Authorized Officer on termination or suspension are subject to appeal in accordance with the regulations in Title 43, Code of Federal Regulations. C. Restoration I. In the event the Authorized Officer decides not to issue a new lease, or the Lessee does not desire a new lease, the Lessee must, prior to the termination of this lease, restore and stabilize the site to the satisfaction of the Authorized Officer. 2. In the event this lease is revoked for noncompliance, the Lessee must remove all structures and improvements within a reasonable period as determined by the Authorized Officer, except those owned by the United States, and must restore the site as nearly as reasonably possible to its original condition unless this requirement is otherwise waived in writing by the Authorized Officer. 3. If the Lessee fails to remove all structures or improvements within the prescribed period, they will become the property of the United States and may be sold, destroyed, or otherwise disposed of without any liability to the United States. D. Members of Congress. No member of or Delegate to Congress or Resident Commissioner may benefit from this lease either directly or indirectly, except when the lease provides a general benefit to a corporation. E. Reservations. This lease is granted subject to the following reservations by the United States: 1. The right to all natural resource products now or hereafter located on the property unless stated otherwise herein, and the right to obtain, utilize, or dispose of such resources insofar as the rights and possession of the Lessee are not unreasonably affected. 2. The right to modify the communications site plan as deemed necessary. 3. The right to enter upon the lease and inspect all facilities to assure compliance with the conditions of this lease. 4. The right of the United States to use or to authorize the use of the property for compatible uses, including the subsurface and air space. In the event of any conflict between any of the proceeding printed clauses or any provisions thereof and any of the following clauses or any provision thereof, the preceding printed clauses control. User Note: Additional conditions may be added as an exhibit to address special concerns. ACCEPTED this day of , 20 , I, the undersigned have read, understand and accept the terms and conditions of this lease. Lessee User Note: If a corporation is the Lessee, the title of the duly authorized official signing on behalf of the corporation should be added to the signature block. IN WITNESS WHEREOF, the Bureau of Land Management, by its Authorized Officer, has executed this lease on the day and year first written above. UNITED STATES OF AMERICA Hassayampa Field Manager (Signature of Authorized Officer) (Title of Authorized Officer) Rem Hawes (Printed Name of Authorized Officer) (Date)