2016.11.09 CC Combined - Laserfiche WebLink

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DRAFT 3-2-16 475988v2 TJG NE136-131 5 (j) No Interference. Tenant shall, at its own expense, maintain its Antenna Facilities in a safe condition, in good repair and in a manner suitable to Landlord so as not to conflict with the use of the surrounding premises by Landlord. Tenant shall not unreasonably interfere with the operations of any prior tenant using the Water Tower and shall not interfere with the working use of the Leased Premises by Landlord. (k) Access. Tenant shall be afforded reasonable access to the Leased Premises in order to install, operate, and maintain its Antenna Facilities. Tenant shall, except in an emergency, request such access upon no less than seventy-two (72) hours advance notice to the Public Works Superintendent. Landlord shall provide the Superintendent’s contact information (telephone number and e-mail address) to the Tenant upon request. Landlord’s grant of access shall not be unreasonably withheld or delayed. In the event it is necessary for Tenant to have emergency access to the Water Tower at some time other than the normal working hours of Landlord, Tenant shall call police dispatch (911) and request the Public Works duty crew person. Landlord may charge Tenant for whatever reasonable expense, including employees’ wages, Landlord incurs to provide such access to Tenant. (l) Payment of Taxes. Tenant shall be solely responsible for any property taxes levied against the Leased Premises attributable to Tenant’s use pursuant to this Lease. As a condition of Tenant’s obligation to pay any property taxes, Landlord shall provide Tenant with documentation indicating that the property tax was attributable to Tenant’s tenancy or use. Tenant shall have the right to file an appeal, and Landlord shall reasonably cooperate in any such appeal as reasonably requested by Tenant, all at Tenant’s sole cost and expense. (m) Ownership and Liens. The Antenna Facilities shall remain the exclusive property of Tenant, unless otherwise provided in this Lease, and shall not be considered fixtures. Landlord hereby waives any and all lien rights it may have related to the Antenna Facilities. 6. Emergency Facilities. In the event of a natural or manmade disaster, in order to protect the health, welfare, and safety of the community, Tenant may erect a temporary tower and install additional equipment on a temporary basis on the Property to assure continuation of service. The Parties agree to work in good faith to locate the temporary equipment at a mutually acceptable location on the Property. Such temporary operation shall not exceed ninety (90) days unless Tenant obtains written approval from Landlord. 7. Additional Maintenance Expenses. Upon notice from Landlord, Tenant shall promptly pay to Landlord all additional Landlord expenses incurred in maintaining the Leased Premises including painting or other maintenance of the Water Tower that are caused by Tenant’s occupancy of the Leased Premises. In the event Landlord repaints, repairs or maintains the Water Tower, Tenant shall take adequate measures to cover or remove the Antenna Facilities or otherwise protect same from damage which may occur during the painting, repair or maintenance process. Tenant shall remove its Antenna Facilities, at Tenant’s cost, to allow maintenance, repair, repainting, restoration of the Water Tower or other activity on the Leased Premises as required by Landlord. There may be scheduled interruptions. Landlord shall give Tenant notice of repair, repainting or restoration requiring temporary removal and relocation in accordance with Section 5(f), above.