03/12/2001 Council Packet - Laserfiche WebLink

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• • electric and telephone utility service (collectively, the "Easement "). The Access Route is shown on Exhibit B attached hereto. 2. Construction of Tower. Qwest shall construct a one - hundred and thirty -five (135) foot tower upon the Site. The tower shall be designed and constructed in such a manner as to support Qwest's proposed use and two additional colocators. Upon completion, the tower will become Grantor's Property. Qwest shall, at its sole expense as for additional consideration for this easement, perform all necessary maintenance, repairs and replacements on the tower. Qwest shall also maintain and operate Easement Tract in accordance will all applicable FCC rules and regulations, and cause all other lessees and users of Easement Tract to do the same. Notwithstanding the foregoing, Qwest reserves the right to provide its costs for said maintenance with any colocators. 3. Colocation on Tower. Grantor shall have the right to lease space on the tower to other communications users so long as Grantor complies with the provisions of the Site Easement Agreement. Qwest shall have no right to any of the income received by Owner from any additional leases. 4. Removal of Vegetation. Qwest has the right to cut, remove, dispose of and clear and keep cleared all trees, shrubs and other vegetation and obstructions on the Easement Tract that interferes with the operation of Qwest's equipment. 5. Measurable Interference. Grantor acknowledges that Qwest's use of the Easement Tract for its operation of telecommunications equipment requires no measurable electronic interference ( "Measurable Interference ") by third parties in the vicinity. Accordingly, Grantor will not construct or install nor permit the construction or installation by third parties of improvements or equipment on the Total Property or other land owned by Grantor located in the vicinity of the Easement Tract that interferes with the operation of Qwest's equipment. If Qwest discovers a Measurable Interference that affects the Easement granted herein, Qwest will give written notice to Grantor and Grantor will use its best efforts to cure the Measurable Interference. 6. Maintenance of Access Route. Grantee shall, at its sole cost and expense, reasonably maintain the Access Route in good condition and repair, including but not limited to paving, resurfacing, striping, snow removal, repair and maintenance of drainage from the Access Route, and the costs of any permits required by state, federal, or local laws or regulations to use and maintain the Access Route. Notwithstanding the foregoing, Qwest maintains the right to pro -rate maintenance costs of the access route with additional tower colocators. 7. Grantor's Indemnity. Grantor shall indemnify, defend, and hold Qwest harmless from and against any and all claims, damages, costs or expenses arising out of or related to (i) the use of the Easement Tract and/or the Total Property by Grantor, its agents, SITE # EASEMENT REVISED 8/9/00 2