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14 - Ground & Tower Lease Agreement with New Cingular Wireless for East Water Tower
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14 - Ground & Tower Lease Agreement with New Cingular Wireless for East Water Tower
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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, upon <br />notifying OWNER of an emergency condition (which notice may be by telephone or email) and <br />obtaining the access code for the access gate. TENANT shall not access or enter into, upon or <br />about the Tower except with the specific permission and approval of the OWNER and at such <br />times as the TENANT is accompanied by a representative of OWNER. <br />The foregoing shall not limit OWNER's right to access the Leased Site at reasonable times to <br />examine and inspect the Leased Site for safety reasons or to ensure that the TENANT's <br />covenants are being met, provided that OWNER shall not disrupt TENANT's operations and shall <br />be accompanied by a representative of TENANT at all times during such inspections. Nothing <br />contained herein shall impact or interfere with OWNER's right to use Owner's Property for its <br />intended and primary purpose as an elevated water storage tower. <br />3. TERM AND RENT <br />A. This Lease shall be effective as of the Effective Date, and the initial term of this Lease (the <br />"Initial Term") shall commence on the date that Tenant begins construction on the Leased Site <br />(the "Commencement Date"), and expire on the date immediately preceding the fifth anniversary <br />of the Commencement Date. During the Initial Term, TENANT shall pay to OWNER as rent the <br />sum of $2021.25 (Two Thousand Twenty -One Dollars and Twenty -Five Cents) per month, such <br />being due in advance on or before the fifth (5t) day of each month. The first payment shall be due <br />within 30 days of the Commencement Date. <br />B. Upon the expiration of the Initial Term, this Lease shall be automatically extended for up <br />to three (3) additional and successive terms of five (5) years each (each, a "Renewal Term") <br />unless TENANT notifies OWNER in writing of its intention not to renew at least ninety (90) days <br />before the expiration of the then current term. <br />C. Beginning upon the expiration of the first year of the Initial Term and thereafter at the <br />expiration of each year of the Initial Term and any Renewal Term, the monthly rent shall be <br />increased by an amount equal to three percent (3%) of the then current rent. <br />D. Should this Lease still be in effect at the conclusion of all of the Renewal Terms provided <br />for herein, this Lease shall continue in effect on the same terms and conditions [other than monthly <br />rent which shall be an amount equal to the monthly rent in effect for the preceding year, increased <br />by three percent (3%) for a further period of one (1) year, and for like annual periods thereafter] <br />until and unless terminated by either party by giving to the other at least ninety (90) days prior <br />written notice of its intention to so terminate. <br />E. In the event that Tenant fails to surrender the Leased Site and fails to remove its equipment <br />therefrom by the last day of the final Term or Renewal Term under this lease, Tenant will pay <br />3 1 P a - e <br />
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