CCP 08-13-2013 - Laserfiche WebLink

Home Browse Search

waveguide and appurtenances to be attached to Lessor's existing water tower, all as depicted on Exhibit B. Lessee, at its sole cost and expense, also shall have the right to test, survey and review title on the Property; perform and obtain soil borings, percolation tests, engineering procedures, environmental investigation or other tests or reports on, over, and under the Property, necessary to determine if Lessee's use of the Premises will be compatible with Lessee's engineering specifications, system, design, operations or necessary permits or approvals. Lessee shall not modify, supplement, or expand the equipment, or increase the number of antennas, or relocate the Facility within the Premises in any way that is inconsistent with the facilities depicted on Exhibit B without the written consent of Lessor. The Facility consists of a tower mounted antenna system and ground space for an equipment shelter as shown on Exhibit B, including all necessary connecting appurtenances sufficient to be a fully operable communications facility for its intended licensed communications coverage areas. This may include, radio transmission and computer equipment, batteries and generator equipment. All improvements shall be at Lessee's expense. Lessee shall maintain the Premises in reasonable condition. In addition, in the event of a natural or manmade disaster, in order to protect the health, welfare, and safety of the community, Lessee may erect additional telecommunications facilities and install additional equipment on a temporary basis on the Property to assure continuation of service. Such temporary operation shall not exceed 90 days unless written approval is obtained from the Lessor. Lessee hereby consents to the use of Lessor's Property by one or more additional communication providers for the erection, operation and maintenance of a transmission facility (including an antenna structure) so long as (a) Lessor provides not less than 30 days' prior notice to Lessee of the erection of such facility together with facility specifications for Lessee's approval, (b) the erection, maintenance and operation of such transmission facility shall not result in any impairment or diminution in the quality of the communications service rendered by Lessee to or from the Property, and (c) no changes shall be made to the antenna structure of such other provider without 30 days' prior written notice to Lessee for Lessee's approval. Lessor shall not permit any other provider to change equipment if such change is determined by Lessee to be likely to cause interference with Lessee's communications service. If Lessee deems, in its sole discretion, that the provisions of this section have been violated by Lessor or such other provider, Lessee shall provide Lessor with notice of such violation. If any violation is not cured or mitigated (at no expense to Lessee) within 24 hours of receipt of such notice, Lessor shall cause such other provider to immediately cease use of its radio system, or portion thereof causing such interference, until such time as the interference is cured. Lessor shall require that any agreement with such other provider shall include a provision requiring compliance by such other provider with the provisions of this section. If the other provider is granted approval to use the Property for communications purposes and thereafter Lessee's use of the Property is materially adversely affected, Lessee shall provide Lessor with notice of such interference. If such interference is not cured or mitigated (at no expense to Lessee) within 24 hours of 4