11-10-1997 Council Packet - Laserfiche WebLink

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all applicable ordinances, statutes and regulations of local, state and federal government agencies. Tenant, its agents and contractors, are hereby granted the right, at its sole cost and expense, to enter upon the Property and conduct such studies as Tenant deems necessary to determine the Property’s suitability for Tenant ’s intended use. These studies may include surveys, soil tests, environmental evaluations, radio wave propagation measures, field strength tests and such other analyses and studies as Tenant deems necessary or desirable. (c) Construction. The placement of the equipment shelter shall be located as depicted on Exhibit B. The manner in which the antennas are attached to the Tower shall be subject to the prior approval of the Landlord, such approval not to be unreasonably withheld, delayed or conditioned. Tenant may erect and operate the Tenant Facilities in accordance with Exhibit B. Any damage done to the Property during installation or during operations shall be repaired at Tenant ’s expense within 30 days after written notification of the damage. (d) Process for Additional Antennas . If Tenant seeks to increase the number of antennas beyond nine, it must first pay for an evaluation carried out by a qualified professional, retained by Landlord demonstrating that (i) each additional antenna will not interfere with existing antennas or with proposed antennas with a higher priority and that (ii) the Tower can structurally support the additional antennas. The cost of each evaluation must be paid by the Tenant within 30 days after receiving written notice of the cost. Landlord consent is required for installation of additional antennas beyond nine, such consent will not be unreasonably withheld, taking into consideration safety, adequate space on the Tower to accommodate additional antennas, and the structural capacity and integrity of the Tower. If Landlord consents, the parties will negotiate the amount of additional rental for the antennas, taking into consideration safety, adequate space to accommodate additional antennas, and the structural capacity and integrity of the Tow er. (e) Landlord agrees to give reasonable advance notice of any major repair or maintenance activities related to Tower operations. In the case of an emergency, notification is not required; however, Tenan will be notified as soon as possible of a recognized emergency. In the event that use of the Tower for water service, or use of the Tower to perform any necessary maintenance or repair, is interrupted or made impractical because of Tenant ’s antenna usage on the Tower, the Landlord may interrupt Tenant ’s use of the Leased Premises as reasonably necessary to prevent interruption of water service or interruption of maintenance and repair of the Tower. The Landlord will use its best efforts to prevent or minimize interruptions to Tenant ’s use. (f) Operation . Tenant shall have the right, at its sole cost and expense, to operate and maintain the Tenant ’s Facilities on the Leased Premises. Tenant agrees to install the 082/22148276 11/7/97