06-10-2024 CC Agenda Packet - Laserfiche WebLink

Home Browse Search

Except as required under Paragraph 10 and Subparagraph 13(d) below, upon such termination, this Lease shall become null and void and the parties shall have no further obligations to each other. 4. Term and Renewals. The term of this Lease shall commence on the Effective Date and end on December 31, 2010. Tenant shall have the right to extend this Lease for three additional five year terms (each, a "Renewal Term"). This Lease shall terminate automatically fifteen years from the termination date of the initial term. Each Renewal Term 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 be deemed to have elected to renew this Lease for a Renewal Tenn unless it gives Landlord written notice of its intention not to renew at least ninety (90) days prior to the expiration of the term. All Renewal Terms shall commence on January 1 following the expiration date of the Initial Term or of the immediately prior Renewal Term. 5. Tenant's Use. 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 effect, and Tenant's use shall be subordinate accordingly: 1. Landlord; L. Public safety agencies, including law enforcement, fire, and ambulance services, that are not part of the Landlord; 3. Other governmental agencies where use is not related to public safety; and 4. Government -regulated entities, including tenant whose antennae offer 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 Premises may be used by Tenant solely for the purposes of installing, removing, maintaining, and operating the antennas, connecting cables, appurtenances and equipment facility/cabinets (the "Communications Facility") in accordance with Exhibits "B" and "C", subject to such modification and alterations as may result from changes or improvements in technology or as may be necessary to conduct business and in accordance with the transmission and reception of wireless communication signals authorized for use by Tenant by the Federal Communications Commission ("FCC"). Any such modifications and alterations shall be subject to Landlord's consent, which shall not be unreasonably withheld, conditioned, or delayed Tenant shall use the Premises only for the purpose of installing, maintaining, and operating a Landlord -approved Communications Facility, equipment, cabinets and an accessory building, and uses incidental thereto for providing radio and wireless telecommunication services which Tenant is legally permitted 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 the Tower, subject to 3 121076599v2 752031 52