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11 - Ground & Tower Lease with T-Mobile-East Water Tower-Bonham Street
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11-13-2017
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11 - Ground & Tower Lease with T-Mobile-East Water Tower-Bonham Street
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11/9/2017 2:39:37 PM
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AGENDA
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11
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this paragraph, including OWNER's costs and expenses and reasonable attorneys' fees <br />incurred in connection therewith. <br />18. TAXES <br />A. TENANT shall be liable for and shall pay to the applicable taxing authority if billed <br />directly to TENANT, or to OWNER if billed to OWNER, upon thirty (30) days prior written <br />notice from OWNER, and any and all taxes and assessments levied against any personal <br />property or trade or other fixtures placed by TENANT in or about the Leased Site. <br />B. TENANT shall pay as additional rent any increases in real property taxes levied <br />against the OWNER'S Property, including the Tower, as a result of the improvements <br />constructed by TENANT on the Leased Site. <br />19. QUIET ENJOYMENT AND NON-INTERFERENCE <br />A. OWNER warrants and agrees that TENANT, upon paying the rent and performing the <br />covenants herein provided, shall peaceably and quietly have and enjoy the Leased Site. <br />OWNER shall nevertheless continue to have access to the Leased Site as set forth herein. <br />B. OWNER hereby grants to TENANT, as a primary inducement to TENANT's entering <br />into this Lease, the right to install its Antenna Facilities on the Tower (as set forth and listed <br />on Exhibits "B" and "C") and operate its communications facility on the Tower and the ground <br />space portion of the Leased Site (as set forth in Exhibit "B"). TENANT represents and <br />warrants that its use and operation of its Antenna Facilities shall not interfere with the use <br />and operation of other communication facilities on the Tower which pre-existed TENANT's <br />Antenna Facilities and are owned by either OWNER or any other tenant at the Leased Site. <br />If TENANT's Antenna Facilities cause such interference, TENANT shall take all measures <br />reasonably necessary to correct and eliminate the interference. If the interference cannot be <br />eliminated within twenty (20) days, OWNER may terminate this Lease as its sole and <br />exclusive remedy. TENANT's installation, operation, and maintenance of its Antenna <br />Facilities shall not damage or interfere in any way with OWNER's operations or related repair <br />and maintenance activities or with such activities of other pre-existing tenants. TENANT <br />agrees to cease all such actions which materially interfere with OWNER's use of the Leased <br />Site immediately upon actual notice of such interference, provided however, in such case, <br />TENANT shall have the right to terminate the lease. <br />C. OWNER, at all times during this Lease, reserves the right to take any action it deems <br />necessary, in its sole discretion, to repair, maintain, alter or improve the Leased Site in <br />connection with its operations as may be necessary, including leasing parts of OWNER's <br />Property and communications facilities and/or the right to install antennas in connection with <br />the operation of such facilities or other communications facilities. OWNER does not <br />guarantee to TENANT subsequent noninterference with TENANT's communications <br />operations as a result of third -party users. Owner shall include in future agreements that <br />third parties are not to interfere with current tenants on the Property and give Tenant the right <br />to enforce such provisions. Owner shall cooperate with TENANT to eliminate the third party <br />interference. If Tenant's use of the Leased Site are materially affected and cannot be <br />remedied by enforcing the third party agreements, TENANT may immediately terminate the <br />Lease by the giving of written notice to OWNER. <br />141 Page <br />
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