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<br /> Page 4
<br />Site: Little Canada-Owasso
<br />BUN: 825401
<br />4816-7859-2811.16101460\002203
<br />Comprehensive Environmental Response,
<br />Compensation, and Liability Act of 1980, 42
<br />U.S.C. Sections 9601, et seq., the Resource
<br />Conservation and Recovery Act of 1976, 42
<br />U.S.C. Sections 6901, et seq., the Toxic
<br />Substances Control Act, 15 U.S.C. Sections
<br />2601, et seq., the Hazardous Materials
<br />Transportation Act, 49 U.S.C. 5101, et seq.,
<br />and the Clean Water Act, 33 U.S.C. Sections
<br />1251, et seq., as said laws have been
<br />supplemented or amended to date, the
<br />regulations promulgated pursuant to said
<br />laws and any other federal, state or local
<br />law, statute, rule, regulation or ordinance
<br />which regulates or proscribes the use,
<br />storage, disposal, presence, clean-up,
<br />transportation or release or threatened
<br />release into the environment of Hazardous
<br />Materials.
<br />7. Insurance . During the term of
<br />this Easement, Crown shall carry, at no cost
<br />to Grantor, adequate commercial general
<br />liability insurance with limits of not less
<br />than One Million and 00/100 Dollars
<br />($1,000,000.00). Grantor hereby agrees that
<br />Crown may satisfy this requirement
<br />pursuant to master po licies of insurance
<br />covering other locations of Crown. Crown
<br />shall provide evidence of such insurance
<br />upon request, and such evidence shall name
<br />Grantor as an additional insured.
<br />8. Security of Crown’s
<br />Communications Facilities . Crown may
<br />construct a chain link or comparable fence
<br />around the perimeter of Crown’s
<br />communications facilities.
<br />9. Removal of Obstructions.
<br />(a) Crown has the right to remove
<br />obstructions, including but not limited to
<br />vegetation, which may encroach upon,
<br />interfere with or present a hazard to Crown’s
<br />use of the Easement Area. This shall not
<br />include the right to remove any permanent
<br />improvement constructed by the Grantor or
<br />the then owner of the land described on
<br />Exhibit “A” attached hereto, as well as any
<br />lessee of the Grantor or then owner.
<br />(b) Notwithstanding anything conta ined in
<br />this Section 9 to the contrary, Crown shall
<br />have the right to remove any permanent
<br />improvement located within the Easement
<br />Area which interferes with or presents a
<br />hazard to Crown’s use of the Easement
<br />Area. Crown shall be responsible for
<br />disposing of any materials related to the
<br />removal of obstructions. Except in cases of
<br />emergency, no obstruction shall be removed
<br />unless a seven (7) day written notice has
<br />been given to the Grantor.
<br />10. Assignment of Lease
<br />Ag reement. The parties hereby
<br />acknowledge that certain Site Agreement
<br />dated August 1, 1996 between Donovan
<br />Construction (“DC”) as lessor and APT
<br />Minneapolis, Inc. (“APT”) as lessee, as
<br />amended on March 31, 1997 as evidenced
<br />by a Site Agreement Memorandum recorded
<br />as Document No. 2962644 in the Ramsey
<br />County Records (collectively, “Lease
<br />Agreement”). T-Mobile USA Tower LLC is
<br />the successor in interest to APT (“Current
<br />Tenant”). Grantor is the successor in
<br />interest to DC. Grantor hereby assigns to
<br />Crown a ll of Grantor’s right, title and
<br />interest in the Lease Agreement, including
<br />but not limited to, the right to amend the
<br />Lease Agreement: (i) to extend the term
<br />length; (ii) to increase the size of the leased
<br />premises within the Easement Area; and/or
<br />(iii) in any other manner deemed necessary
<br />by Crown.
<br />11. Intentionally Omitted.
<br />12. Real Estate Taxes . Grantor shall
<br />pay all real estate taxes on Grantor’s
<br />Property; provided Crown agrees to
<br />reimburse Grantor for any documented
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