|
SITE NAME Lino Lakes WT - Apollo Dr & 4th Ave
<br />SITE NUMBER MN- MSP0126
<br />6. Improvements.
<br />6.1 Tenant has the right to construct, maintain, install, repair secure, replace, remove and
<br />operate on the Premises radio communications facilities, including but not limited to utility lines, transmission lines,
<br />an ice bridge(s), an air conditioned equipment shelter(s), electronic equipment, transmitting and receiving antennas,
<br />microwave dishes, antennas and equipment, a power generator and generator pad, and supporting equipment and
<br />structures therefore ( "Tenant Facilities "). In connection therewith, Tenant has the right to do all work necessary to
<br />prepare, add, maintain and alter the Premises for Tenant's communications operations and to install utility lines and
<br />transmission lines connecting antennas to transmitters and receivers. All of Tenant's construction and installation
<br />work shall be performed at Tenant's sole cost and expense and in a good and worlmanlilce manner. Title to the
<br />Tenant Facilities and any equipment placed on the Premises by Tenant shall be held by Tenant or its lenders or
<br />assigns and are not fixtures. Tenant has the right to remove the Tenant Facilities at its sole expense on or before the
<br />expiration or earlier termination of this Agreement, and Tenant shall repair any damage to the Premises caused by
<br />such removaL Upon the expiration or earlier termination of this Agreement, Tenant shall remove the Tenant
<br />Facilities from the Property.
<br />7. Access and Utilities.
<br />7.1 Landlord shall provide Tenant, Tenant's employees, agents, contractors, subcontractors
<br />and assigns with access to the Premises twenty -four (24) hours a day, seven (7) days a week, via an access code
<br />provided to Tenant for a one -time charge of five hundred dollars ($500.00). Landlord grants to Tenant, and
<br />Tenant's agents, employees and contractors, a non - exclusive right and easement for pedestrian and vehicular ingress
<br />and egress across the Property, and such right and easement may be described generally in Exhibit B.
<br />7.2 Landlord shall maintain all access roadways from the nearest public roadway to the
<br />Premises in a manner sufficient to allow pedestrian and vehicular access at all times under normal weather
<br />conditions. Landlord shall be responsible for maintaining and repairing such roadways, at its sole expense, except
<br />for any damage caused by Tenant's use of such roadways.
<br />7.3 Tenant shall be solely responsible, and shall promptly pay all charges, for utility service
<br />to the Premises, for the proper permitting of utility service connections, and for the cost of installation, maintenance,
<br />and repair of all utility services and meters associated with such utility service. Tenant shall have an electric meter
<br />installed at the Premises and shall have the right to run such utility lines and other, electrical equipment as may be
<br />necessary from the utility source to the Tenant Facilities.
<br />8. Interference. Tenant shall operate the Tenant Facilities in compliance with all Federal
<br />Communications Commission ( "FCC") requirements including those prohibiting interference to communications
<br />facilities of Landlord or other lessees or licensees of the Property, provided that the installation and operation of any
<br />such facilities predate the installation of the Tenant Facilities. Subsequent to the installation of the Tenant Facilities,
<br />Landlord will not, and will not permit its lessees or licensees to, install new equipment on or make any alterations to
<br />the Property or property contiguous thereto owned or controlled by Landlord, if such modifications are likely to
<br />cause interference with Tenant's operations. In the event interference occurs, Landlord agrees to use best efforts to
<br />eliminate such interference in a reasonable time period_ Landlord's failure to comply with this paragraph shall be a
<br />material breach of this Agreement
<br />9. Taxes. Tenant shall pay personal property taxes assessed against the Tenant Facilities and
<br />Landlord shall pay when due, all real property taxes and all other taxes, fees and assessments attributable to the
<br />Premises or this Agreement.
<br />10. Termination.
<br />10.1 This Agreement may be terminated without further liability on thirty (30) days prior
<br />written notice as follows: (i) by either party upon a default of any covenant or term hereof by the other party, which
<br />default is not cured within sixty (60) days of receipt of written notice of default, except that this Agreement shall not
<br />be terminated if the default cannot reasonably be cured within such sixty (60) day period and the defaulting party
<br />has commenced to cure the default within such sixty (60) day period and diligently pursues the cure to completion;
<br />provided that the grace period for any monetary default is ten (10) days from receipt of written notice. This
<br />Ciearwire Communication Tower Agreement
<br />-597
<br />v.5 -22 -06
<br />•
<br />•
<br />•
<br />
|