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2023.10.10 CC Packet
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2023.10.10 CC Packet
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5 <br />the operations of any prior tenant using the Water Tower and shall not interfere with the working <br />use of the Leased Premises by Landlord. <br /> <br />(k) Access. Tenant shall be afforded reasonable access to the Leased Premises in order <br />to install, operate, and maintain its Antenna Facilities as shown in Exhibit C. Tenant shall, except <br />in an emergency, request such access upon no less than forty-eight (48) hours advance notice to <br />the Public Works Superintendent. Landlord shall provide the Superintendent’s contact <br />information (telephone number and e-mail address) to the Tenant upon request. Landlord’s grant <br />of access shall not be unreasonably withheld or delayed. In the event it is necessary for Tenant to <br />have emergency access to the Water Tower at some time other than the normal working hours of <br />Landlord, Tenant shall call police dispatch (911) and request the Public Works duty crew person. <br />Landlord may charge Tenant for whatever reasonable expense, including employees’ wages, <br />Landlord incurs to provide such access to Tenant. <br /> <br />(l) Payment of Taxes . Tenant shall be solely responsible for any property taxes levied <br />against the Leased Premises attributable to Tenant’s use pursuant to this Lease. As a condition of <br />Tenant’s obligation to pay any property taxes, Landlord shall provide Tenant with documentation <br />indicating that the property tax was attributable to Tenant’s tenancy or use. Tenant shall have the <br />right to file an appeal, and Landlord shall reasonably cooperate in any such appeal as reasonably <br />requested by Tenant, all at Tenant’s sole cost and expense. <br /> <br />(m) Ownership and Liens. The Antenna Facilities shall remain the exclusive property <br />of Tenant, unless otherwise provided in this Lease, and shall not be considered fixtures. Landlord <br />hereby waives any and all lien rights it may have related to the Antenna Facilities. <br /> <br />6. Emergency Facilities . In the event of a natural or manmade disaster, in order to protect <br />the health, welfare, and safety of the community, Tenant may erect a temporary tower and install <br />additional equipment on a temporary basis on the Leased Premises to as sure continuation of <br />service. The Parties agree to work in good faith to locate the temporary equipment at a mutually <br />acceptable location on the Property. Such temporary operation shall not exceed ninety (90) days <br />unless Tenant obtains written approval from Landlord, such approval not to be unreasonably <br />withheld, conditioned or delayed. <br /> <br />7. Additional Maintenance Expenses. Upon notice from Landlord, Tenant shall promptly <br />pay to Landlord all additional Landlord expenses incurred in maintaining the Leased Pre mises <br />including painting or other maintenance of the Water Tower that are caused by Tenant’s <br />occupancy of the Leased Premises. In the event Landlord repaints, repairs or maintains the Water <br />Tower, Tenant shall take adequate measures to cover or remove the Antenna Facilities or otherwise <br />protect same from damage which may occur during the painting, repair or maintenance process. <br />Tenant shall remove its Antenna Facilities, at Tenant’s cost, to allow maintenance, repair, <br />repainting, restoration of the Water Tower or other activity on the Leased Premises as required by <br />Landlord. There may be scheduled interruptions. Except in the case of an emergency, Landlord <br />shall give Tenant reasonable notice of repair, repainting or restoration requiring temporary <br />removal and relocation.
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