2016.11.09 CC Combined - Laserfiche WebLink

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DRAFT 3-2-16 475988v2 TJG NE136-131 4 Premises or Landlord’s Property, including the Water Tower, during operations shall be repaired at Tenant’s expense within thirty (30) days after notification of damage. (e) Tenant Maintenance. Tenant shall, at its own expense, maintain the Antenna Facilities in a safe condition and in good repair and in a manner that does not conflict with use by Landlord. Any modifications to the Leased Premises for Tenant’s benefit shall be at Tenant’s expense. Tenant’s Antenna Facilities shall, at all times and at Tenant’s expense, be painted and maintained in the color selected by the Director of Community Assets and Development. In lieu of painting, Landlord may require that any coaxial cable or other connecting cables with exterior exposure on the Water Tower be provided in manufactured colors matching the immediate background. (f) Landlord Maintenance. Tenant shall remove the Antenna Facilities at Tenant’s cost, upon at least 90 days’ prior notice, except in case of emergency, when Landlord will provide as much notice as reasonably possible under the circumstances, to the extent reasonably needed to accommodate Landlord’s maintenance, repair, repainting, restoration, or other activity in relation to the Property or Water Tower. Any additional expense of maintaining the Water Tower, Leased Premises, or the Property caused by the Antenna Facilities shall be paid promptly by Tenant upon Landlord’s notice to Tenant of such additional cost. (g) Marking and Lighting. Landlord shall be responsible for complying with all applicable laws related to marking and lighting its Water Tower of the Federal Aviation Administration and the Federal Communications Commission. (h) Modifications. Tenant may not modify the Antenna Facilities without first obtaining consent from Landlord. Modifications requiring Landlord’s prior consent include, but are not limited to, the installation of additional antennas, modifications to the height of antennas, placement of any structures on the ground, and placing temporary antenna facilities on the Leased Premises. Modifications requiring prior consent do not include emergency repairs. Tenant shall notify Landlord in writing of any request to modify the Antenna Facilities. Upon such request, Landlord may retain a qualified professional to evaluate the requested modifications. Tenant shall reimburse Landlord’s cost for evaluation within thirty (30) days of receipt of an invoice. If Landlord consents, the Parties will negotiate the amount of additional rental for the addition of equipment. Tenant shall submit to Landlord a detailed proposal for any such modification and any other information reasonably requested by Landlord including, but not limited to, a technical study carried out at Tenant’s expense. Tenant shall complete any modifications consented to by Landlord in accordance with the plans and as-built drawings approved for the work. (i) Drawings. Tenant shall provide Landlord with as-built drawings of any equipment or improvements Tenant proposes to install on the Leased Premises, which shall show the actual location of all portions of the Antenna Facilities. Said drawings shall be accompanied by a complete and detailed inventory of all additional equipment, personal property, and appurtenances actually placed on the Leased Premises.