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Market: Hawaii
<br /> Cell Site Number. HIL03306
<br /> Cell Site Name: Volcano Village East
<br /> Search Ring Name: HIL03306 Volcano Villagc Fast
<br /> Fixed Asset Number 15965419
<br /> LAND LICENSE AGREEMENT
<br /> THIS LAND LICENSE AGREEMENT ("Agreement"), dated as of the latter of the signature dates
<br /> below (the"Effective Date"), is entered into by Hawaii Akatsuka Farris, Inc., a Hawaii corporation, having a
<br /> mailing address of P.Q. Box 220 Volcano, HI 96785 ("Landlord''I and New Cingular Wireless PCS, LLC, a
<br /> Delaware limited liability company, having a mailing address of 1025 Lenox Park Blvd. NE, 31 Floor,Atlanta,
<br /> GA 30319{"Tenant").
<br /> BACKGROUND
<br /> Landlord owns or controls that certain plot,parcel or tract of land, as described on Exhibit 1,together
<br /> with all rights and privileges arising in connection therewith,located at 11-3049 Old Volcano Hwy,Volcano,HI
<br /> 96785,in the County of Hawaii,State of Hawaii,identified as Tax Map Parcel No.(3) 1-1-020:159(collectively,
<br /> the "Property"). Landlord desires to grant to Tenant the right to use a portion of the Property in accordance
<br /> with this Agreement.
<br /> The parties agree as follows:
<br /> 1. LICENSE OF LICENSED AREA.
<br /> Landlord hereby licenses to Tenant a certain portion of the Property containing approximately 1,440
<br /> square feet including the air space above such ground space,as described or depicted on attached Exhibit 1,
<br /> (the"Licensed Area"), for the placement of a Communication Facility in accordance with the terms of this
<br /> Agreement,together with vehicular and pedestrian access over a paved driveway crossing tax map parcel(3) 1-
<br /> 1-020-165 from Old Volcano Highway to the Licensed Area,and the right to install overhead electricity and
<br /> fiber utility lines from an existing utility pole located on tax map parcel (3) 1-1-020-165 to the Licensed Area.
<br /> 2. PERMITTED USE. Tenant may use the Licensed Area for the transmission and reception of
<br /> communications signals and the installation, construction, maintenance, operation, repair, replacement and
<br /> upgrade of communications fixtures and related equipment, cables, accessories and improvements, which may
<br /> include a suitable support structure ("Structure"), associated antennas, equipment shelters or cabinets and
<br /> fencing and any other items necessary to the successful and secure use of the Licensed Area (the
<br /> "Communication Facility"),as well as the right to test,survey and review title on the Property;Tenant further
<br /> has the right but not the obligation to add, modify and/or replace equipment in order to be in compliance with
<br /> any current or future federal, state or local mandated application, including,but not limited to, emergency 911
<br /> communication services,(collectively,the"Permitted Use"). Landlord and Tenant agree that any portion of the
<br /> Communication Facility that may be conceptually described on Exhibit 1 will not be deemed to limit Tenant's
<br /> Permitted Use. If Exhibit 1 includes drawings of the initial installation of the Communication Facility,
<br /> Landlord's execution of this Agreement will signify Landlord's approval of Exhibit 1. For a period of ninety
<br /> (90)days following the start of construction,Landlord grants Tenant,its subtenants,licensees and sublicensees,
<br /> the right to use such portions of the Landlord's contiguous,adjoining or surrounding property(the"Surrounding
<br /> Property") as may reasonably be required during construction and installation of the Communication Facility.
<br /> Tenant has the right to install and operate transmission cables from the equipment shelter or cabinet to the
<br /> antennas,electric lines from the main feed to the equipment shelter or cabinet and communication lines from the
<br /> Property's main entry point to the equipment shelter or cabinet, install a generator and to make other
<br /> improvements, alterations,upgrades or additions appropriate for Tenant's Permitted Use, including the right to
<br /> construct a fence around the Licensed Area or equipment, install warning signs to make individuals aware of
<br /> risks, install protective barriers, install any other control measures reasonably required by Tenant's safety
<br /> (00159764-5) tVolc=oVifteFnQLeodticdsseAgrevnrnt(p0IS97G4.5)Omc_01.04.:
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