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TOWER SUBLEASE <br />PARTIES: KEZI, Inc., an Oregon corporation (KEZI) <br />The Ackerley Group, Inc., a Washington corporation, <br />successor in interest to <br />Wicks Broadcast Group Limited Partnership, <br />a Delaware limited partnership (Ackerley) <br />The City of Eugene, an Oregon municipal corporation (Sublessee) <br />DATE: Dece,,nl5e r Z % f l <br />RECITALS: <br />A. KEZI and Ackerley, who are collectively referred to in this sublease as the "Sublessors," <br />lease certain real property, including tower sites operated by both KEZI and Ackerley, located in <br />the Coburg Hills, Lane County, Oregon, under a Renewal, Extension and Combination of Ground <br />Leases commencing November 1, 1998 (the "Ground Lease"), in which Black Tail Development <br />LLC is the landlord (the "Landlord"). The real property that is the subject of the Ground Lease is <br />more particularly described in the attached Exhibit 1 (the " Premises"). The term of the Ground <br />Lease is 20 years ending October 31, 2018. <br />B. Each of the Sublessors maintains towers, transmitters, antennas, cabling, generators, and <br />related equipment for the transmission of television signals on the Premises. The Sublessors are <br />parties to an Amended and Restated Joint Use Agreement dated November 1, 1998, relating to the <br />Sublessors' use of the Premises (the "Joint Use Agreement"). <br />C. The Sublessee desires to install, operate, and maintain certain telecommunications equipment <br />for 911 and other emergency response in the region on the portion of the Premises described in <br />Recital D. below, and the Sublessors are willing to grant the Sublessee certain rights to do so under <br />the terms of this sublease. <br />D. The Sublessee's installation, operation, and maintenance of telecommunications equipment <br />will require the construction of a new 195 foot tower and 24 by 30 foot equipment building in the <br />locations outlined in yellow on the attached Exhibit 2 (the "New Tower and New Equipment <br />Building"). The Sublessors are prepared to construct the New Tower and New Equipment Building <br />so long as the Sublessee makes a payment toward the costs of construction as provided in this <br />sublease. <br />1 - Tower Sublease <br />NAK - O\KEZI, Inc. 09075\Tower Lease 9075-13\Documents\wicks.towersublease.100699 <br />