14 - Ground & Tower Lease Agreement with New Cingular Wireless for East Water Tower

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OWNER's Property to connect TENANT's Antenna Facilities on the Tower to its Antenna Facilities in its equipment building, if any, to be constructed on the ground space portion of each Leased Site as denoted on the site plan required by Zoning Ordinance Section 28-109 and approved by the Planning and Development Department of the City. TENANT, its agents, employees, contractors, subcontractors and authorized representatives may park their vehicles on OWNER's Property when TENANT is constructing, removing, replacing, servicing, maintaining, securing and/or operating its Antenna Facilities as provided in this Lease. C. TENANT may not add additional equipment and/or antennae from that shown on Exhibit "C" without the prior written approval of the OWNER, such approval not to be unreasonably withheld or delayed. This Lease is not a franchise nor is it a permit to use City rights-of-way. Any such franchise or permit must be obtained separately from OWNER. D. TENANT'S equipment building (which may be cabinets), if any, on the ground portion of the Leased Site shall be installed on a slab foundation at TENANT's expense and shall be painted to match the Tower. In addition, the Antenna Facilities shall be painted by TENANT to match the Tower and TENANT shall comply with any and all landscaping requirements imposed by OWNER. Said equipment buildings and Antenna Facilities shall be owned by TENANT and shall be removed from the site by TENANT within a reasonable period following termination of this Lease. The building shall be used to house TENANT's communications equipment and all associated or related equipment of any type as deemed necessary or desirable by TENANT (this equipment shall be included as part of the Antenna Facilities listed on Exhibit "C"). The building will be placed adjacent to the Tower in the location described in Exhibit "B." 2. LEASE AND EASEMENT A. OWNER leases the Leased Site to TENANT and grants to TENANT a non-exclusive easement (during the term of this Lease) to access the Leased Site to install, remove, replace, and maintain the Antenna Facilities listed in Exhibit "C." B. TENANT shall have access to the Leased Site, including the Tower, only with prior notice to OWNER. Anytime TENANT requires access to the Tower, TENANT shall complete the City of Paris -Water Services Department Property/Grounds Entrance Authorization ("Authorization Form") attached hereto as Exhibit "D", or any amended or revised Authorization Form as may later be adopted by OWNER, and submit said Authorization Form to OWNER. Notwithstanding any provision of this Section 2.6. to the contrary, TENANT's access to the Leased Site is dependent upon the availability of a representative of OWNER to accompany TENANT while TENANT is on the Leased Site. Access to the Leased Site for non -emergency maintenance or repairs, including access to the Tower, shall generally be limited to the hours between 10:00 a.m, and 3:00 p.m. on Monday through Friday. TENANT shall notify OWNER at least twenty-four (24) hours in advance of TENANT's desire to access the Leased Site for such non -emergency maintenance or repairs. Notwithstanding the foregoing, TENANT may be allowed to access the Leased Site for non- 21Pag e