Laserfiche WebLink
the terms and conditions of this lease. Tenant shall comply with all applicable <br />ordinances, statutes and regulations of local, state and federal government agencies. <br />Tenant, its agents, and its contractors are hereby granted the right, at their sole cost and <br />expense, to enter upon the Property and conduct such studies as Tenant deems necessary <br />to determine the Property's suitability for Tenant's intended use. These studies may <br />include surveys, soil tests, environmental evaluations, radio wave propagation measures, <br />field strength tests and such other analyses and studies as Tenant deems necessary or <br />desirable. <br />c) Construction. The placement of the equipment facility and the manner in which <br />the antennas are attached to the Tower shall be subject to the prior approval of the <br />Landlord, which shall not be unreasonably withheld. Tenant shall bear a prorated share of <br />the cost of any additions to the Tower necessary to enable the Tower to accommodate the <br />location of Tenant's antennas and appurtenances to the Tower. Tenant may erect and <br />operate a communications antenna facility in accordance with Exhibit C. Any damage <br />done to the premises during installation by Tenant shall be repaired at Tenant's expense <br />within 30 days after written notification of the damage. <br />d) Process for Additional Antennas. If Tenant seeks to increase the number of <br />antennas beyond 12, it must first pay for an evaluation carried out by a qualified <br />professional retained by Landlord demonstrating that (i) each additional antenna will not <br />interfere with existing antennas or with proposed antennas with a higher priority, and (ii) <br />the Tower can structurally support the additional antennas. The cost of each evaluation <br />must be paid by the Tenant within 30 days after receiving written notice of the cost. <br />Landlord's consent is required for installation of additional antennas; such consent will <br />not be unreasonably withheld, conditioned or delayed, taking into consideration safety, <br />adequate space on the Tower to accommodate additional antennas, and the structural <br />capacity and integrity of the Tower. If Landlord consents, the parties will negotiate the <br />amount of additional rental for the antennas. <br />e) Notice of Repair by Landlord Landlord agrees to give reasonable advance notice <br />of any major repair or maintenance activities related to Tower operations. In the case of <br />an emergency, advance notification is not required; however, Tenant will be notified as <br />soon as possible of a recognized emergency. In the event that use of the Tower for water <br />service, or use of the Tower to perform any necessary maintenance or repair, is <br />interrupted or made impractical because of Tenant's antenna usage on the Tower, the City <br />may interrupt Tenant's use of the Premises as reasonably necessary to prevent <br />interruption of water service or interruption of maintenance and repair of the Tower. The <br />City will use its best efforts to prevent or minimize interruptions to Tenant's use. <br />f) Operation. Tenant shall have the right, at its sole cost and expense, to operate and <br />maintain the Communications Facility on the Premises. Tenant agrees to install and <br />operate equipment on the Communications Facility in compliance with all of Landlord's <br />Technical Site Standards set forth on Exhibit D, all applicable FCC rules and regulations, <br />and good engineering practices. Tenant's installation of the Communications Facility <br />4 <br />121076599v2752031 <br />53