11-10-1997 Council Packet - Laserfiche WebLink

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I f Term and Renewals. The term of this Lease shall be five years, commencing on December 1, 1997, (the "Commencement Date") and ending on December 31, 2002 (“Initial Term”). The Commencement Date may be extended until the Tenant Facilities are installed provided that the Commencement Date shall not be extended past March 1, 1998 in any event. Tenant shall have the right to extend this Lease for three additional five year terms ("Renewal Term"). This Lease sl'.all terminate automatically on December 31, 2017. The Renewal Term(s) shall be on the same terms and conditions as set forth herein except for rental adjustments as provided in Paragraph 2, Rent, above. Tenant shall have elected to renew this Lease for a Renewal Term unless it gives Landlord written notice of its intention not to renew at least ninety (90) days prior to the expiration of the term, commencing on January 1 following the expiration date of the Initial Term or of any subsequent Renewal Term. Tenant’s Use. :o 34. (a) User Priority . Tenant agrees that the following priorities of use, in descending order, shall apply in the event of communication interference or other conflict while this Lease is in ehect, and Tenant’s use shall be subordinate accordingly: 1. Landlord; 2. Public safety agencies, including law enforcement, fire, and ambulance services, that are not part of the Landlord; - Other govcrnmcntol agencies wh ere use is not related to publie safety; and iSiil^VerhmeritM agendes where use is n0f:re Government-regulated entities including "Tenant" whose antennae of^f^er a service to the general public for a fee, in a manner similar to a public utility, such as long distance and cellular telephone, not including radio or television broadcasters^ (b) Purposes . Subject to the terms of this Lease, the Leased Premises may be used by Tenant solely for the purposes of installing, removing, maintaining, and operating communications facilities consisting of antepp. conripinppbp^ in accordance with Exhibit "B", subject to such modification and alterations as may result from changes or improvements in technology (collectively the "Tenant Facilities") and in accordance with the transmission and reception of wireless communication signals authorized for use by Tenant by the Federal Communications Commission ("FCC"). Tenant shall use the Leased Premises only for the purpose of installing, maintaining, and operating a Landlord- approved communications antenna facility, equipment, cabinets and an accessory building, and uses incidental thereto for providing radio and wireless telecommunication services which Tenant is legally authorized to provide to the public. This use shall be non exclusive, and Landlord specifically reserves the right to allow the Landlord’s Property and the Tower to be used by other parties and to make additions, deletions, or modifications to its own facilities on the Property and Tower. Tenant shall comply with 082Z22 148276 11/7/97