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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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vehicles on OWNER's Property when TENANT is constructing, removing, replacing, servicing, <br />maintaining, securing and/or operating its Antenna Facilities as provided in this Lease. <br />C. TENANT may not add additional equipment and/or antennae from that shown on Exhibit <br />"C" without the prior written approval of the OWNER, such approval not to be unreasonably <br />withheld or delayed. This Lease is not a franchise nor is it a permit to use City rights-of-way. <br />Any such franchise or permit must be obtained separately from OWNER. <br />D. TENANT'S equipment building (which may be cabinets), if any, on the ground portion of <br />the Leased Site shall be installed on a slab foundation at TENANT's expense and shall be <br />painted to match the Tower. In addition, the Antenna Facilities shall be painted by TENANT to <br />match the Tower and TENANT shall comply with any and all landscaping requirements imposed <br />by OWNER. Said equipment buildings and Antenna Facilities shall be owned by TENANT and <br />shall be removed from the site by TENANT within a reasonable period following termination of <br />this Lease. The building shall be used to house TENANT's communications equipment and all <br />associated or related equipment of any type as deemed necessary or desirable by TENANT <br />(this equipment shall be included as part of the Antenna Facilities listed on Exhibit "C"). The <br />building will be placed adjacent to the Tower in the location described in Exhibit "B." <br />2. LEASE AND EASEMENT <br />A. OWNER leases the Leased Site to TENANT and grants to TENANT a non-exclusive <br />easement (during the term of this Lease) to access the Leased Site to install, remove, replace, <br />and maintain the Antenna Facilities listed in Exhibit "C." <br />B. TENANT shall have access to the Leased Site, including the Tower, only with prior notice <br />to OWNER. Anytime TENANT requires access to the Tower, TENANT shall complete the City <br />of Paris -Water Services Department Property/Grounds Entrance Authorization ("Authorization <br />Form") attached hereto as Exhibit "D", or any amended or revised Authorization Form as may <br />later be adopted by OWNER, and submit said Authorization Form to OWNER. Notwithstanding <br />any provision of this Section 2.13. to the contrary, TENANT's access to the Leased Site is <br />dependent upon the availability of a representative of OWNER to accompany TENANT while <br />TENANT is on the Leased Site. <br />Access to the Leased Site for non -emergency maintenance or repairs, including access to the <br />Tower, shall generally be limited to the hours between 10:00 a.m. and 3:00 p.m. on Monday <br />through Friday. TENANT shall notify OWNER at least twenty-four (24) hours in advance of <br />TENANT's desire to access the Leased Site for such non -emergency maintenance or repairs. <br />Notwithstanding the foregoing, TENANT may be allowed to access the Leased Site for non- <br />emergency maintenance or repairs at other times so long as TENANT schedules such access in <br />advance and at a time that is convenient to and agreed by OWNER. <br />If Tenant requires access to the Leased Site for emergency maintenance or repairs, TENANT <br />shall have access to (i) the portion of the Leased Site outside of the access gate without prior <br />notice; and (ii) the portion of the Leased Site inside of the access gate, excluding the Tower, <br />upon notifying OWNER of an emergency condition (which notice may be by telephone or email) <br />21 Page <br />
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