2016.11.09 CC Combined - Laserfiche WebLink

Home Browse Search

DRAFT 3-2-16 475988v2 TJG NE136-131 3 4. Term and Renewals. The initial term of this Lease shall be five (5) years, which shall commence on January 1, 2017 (“Commencement Date”) and shall end at 11:59 p.m. on December 31, 2021 (“Initial Term”). Subject to the terms and conditions of this Lease, Tenant may extend the term of this Lease for three (3) additional five (5) year renewal periods (each, a "Renewal Term") commencing on January 1 following the expiration date of the Initial Term and of any subsequent Renewal Term. Tenant shall be deemed to have elected to extend the term for each Renewal Term unless Tenant provides written notice to Landlord of Tenant’s intention not to extend at least ninety (90) days prior to the end of the then current five (5) year term. Landlord may terminate the renewal of this Lease by providing Tenant written notice of termination at least twelve (12) months prior to the end of the then current five (5) year term. 5. Tenant’s Use. (a) User Priority. Tenant agrees that the following priorities of use, in descending order, shall apply in the event of communication interference or other conflict while this Lease is in effect occurring on or adjacent to Landlord’s Property, and Tenant’s use shall be subordinate accordingly: 1. Landlord; 2. Public safety agencies, including law enforcement, fire, and ambulance services, that are not part of Landlord; 3. Other governmental agencies where use is not related to public safety; 4. Government-regulated entities who offer a service to the general public for a fee. (b) Purposes. Tenant shall have the exclusive use of the Leased Premises only for the purpose of installing, maintaining, and operating the Antenna Facilities for providing radio and wireless telecommunication services which Tenant is legally authorized to provide to the public. Tenant shall comply with all applicable ordinances, statutes, and regulations of local, state and federal government agencies. Tenant’s use of any other portion of Landlord’s Property (including that portion of the Water Tower not included in the identified “Leased Premises” shown in Exhibit C) shall be non-exclusive and Landlord specifically reserves the right to allow such other portions of its Property and the Water Tower to be used by other parties and to make additions, deletions, or modifications to its own facilities located on its Property and the Water Tower. (c) Utility Services. Tenant shall have the right to connect to, maintain, repair, upgrade, remove, or replace existing utility services, and the equipment providing such utility services to Tenant’s Antenna Facilities, provided that such work does not interfere with the utility services of Landlord or of any other users of its Property or the Water Tower. Tenant shall be responsible for all utility charges for services related to its Antenna Facilities, and shall ensure that such utilities are separately metered. Landlord shall not unreasonably interfere with Tenant obtaining such utility services as may be needed for its Antenna Facilities. (d) Operation. Tenant shall have the right, at its sole cost and expense, to operate and maintain the Antenna Facilities on the Leased Premises in accordance with good engineering practices, with all applicable FCC rules and regulations. Any damage done to the Leased