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CCP 08-13-2013
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CCP 08-13-2013
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expiration of its term, Lessee shall record an appropriate instrument to clear the <br /> memorandum from the title to the Property. <br /> 5.10 Additional Maintenance Expenses. Lessor will maintain and repair the <br /> Property and access thereto, the Structure, and all areas of the Premises where Lessee <br /> does not have exclusive control, in good and tenantable condition, subject to <br /> reasonable wear and tear and damage from the elements. Lessor will be responsible <br /> for maintenance of landscaping on the Property, including any landscaping installed by <br /> Lessee as a condition of this Agreement or any required permit. If Lessor anticipated <br /> incurring additional expenses in connection with maintaining the Property due to <br /> Lessee's occupancy of the Property, Lessor shall provide to Lessee an estimate of <br /> those additional expenses. Lessee shall have the right to take actions to reduce those <br /> expenses. All additional expenses of maintaining the Property, including painting or <br /> other maintenance of the water tower on which Lessee's antennas are to be mounted, <br /> which result from Lessee's occupancy of the Property, shall be paid promptly to Lessor <br /> by Lessee upon Lessor's notice to Lessee of such additional costs. Lessor agrees to <br /> give at least thirty (30) days written notice of any such activities to Lessee and to <br /> reasonably cooperate with Lessee to carry out such activities with a minimum amount <br /> of interference with Lessee's transmission operations and to give Lessee the <br /> opportunity to take actions to cooperate with such maintenance in order to reduce <br /> Lessee's liability for such increased costs. <br /> 5.11 Zoning Approval. Lessee may not erect the Facility or other improvements <br /> on the Property until Lessee receives all zoning approvals from the New Brighton City <br /> Council pursuant to applicable city ordinances. <br /> 5.12. Rights of Lessee Subordinate. <br /> Subject to Sections 2.05 and 2.06 hereof, rights of the Lessee hereunder shall be <br /> subject and subordinate to the rights of Verizon Wireless, LLC — Tower Option and <br /> Lease Agreement, dated February 8, 1995; Addendum No. 1 to Tower Option and <br /> Lease Agreement, dated April 14, 2005; and Addendum No. 2 to Tower Option and <br /> Lease Agreement, dated August 9, 2007; and Sprint Spectrum, L.P., Tower Lease <br /> Agreement, dated September 15, 1999; and XM Satellite Radio — Tower Lease <br /> Agreement, dated August 23, 2000; and Clear Wireless, LLC —Tower Lease <br /> Agreement dated January 26, 2010, all by and between the City of New Brighton, <br /> receipt of copies of which is hereby acknowledged by Lessee. <br /> 5.13 Compliance with Regulations. Lessee's facilities shall be constructed, <br /> maintained and operated in accordance with state statutes, rules and regulations now <br /> in effect or that thereafter may be issued by the Federal Communications Commission <br /> and related governing bodies. <br /> 5.14 W-9. As a condition precedent to payment, Lessor agrees to provide <br /> Lessee with a completed IRS Form W-9, or its equivalent, upon execution of this <br /> Agreement and at such other times as may be reasonably requested by Lessee, <br /> including, any change in Lessor's name or address. <br /> 13 <br />
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