Item 12 - Ground License Agreement for Wireless Telecommunications Facilities

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provisions herein, LICENSEE agrees to pay a late charge equal to six percent ON of the then- current License Fee. C. License Fee amounts attributable to partial months shall be prorated on a daily basis. D. The License Fee shall be subject to an annual increase of four percent (4%) per year, to be increased on each anniversary of the Effective Date. 9. GOVERNMENTAL APPROVALS. A. It is understood and agreed that LICENSEE's ability to use the Premises is contingent upon its obtaining all of the certificates, permits and other approvals, including without limitation those by the City acting in its regulatory authority (collectively the "Governmental Approvals"), that may be required by a Federal, State or local authority as well as satisfactory soil boring tests, which will permit LICENSEE's use of the Premises as set forth herein. B. Prior to the Effective Date, LICENSEE shall have the right (but not the obligation) to enter the Premises for the purpose of making necessary inspections and engineering surveys (and soil tests where applicable) and other reasonably necessary tests (collectively "Tests") to determine the suitability of the Premises for LICENSEE's Facilities (defined below). In the event that any of such applications for such Governmental Approvals should be finally rejected or any Governmental Approval issued to LICENSEE is canceled, expires, lapses, or is otherwise withdrawn or terminated by the governmental authority or soil boring tests are found to be unsatisfactory so that LICENSEE will be unable to use the Premises for its intended purposes or LICENSEE determines that the Premises is no longer technically compatible for its intended use, LICENSEE shall have the right to terminate this Agreement. Notice of LICENSEE's exercise of its right to terminate shall be given to LICENSOR in writing by certified mail, return receipt requested, and shall be effective upon the mailing of such notice by LICENSEE. All License Fees and Administrative Fees paid to said termination date shall be retained by LICENSOR. 10. APPROVAL OF PLANS. Prior to commencing construction of LICENSEE's Facilities (described in Exhibit B), LICENSEE shall obtain LICENSOR's approval of LICENSEE's work plans, which approval shall not be unreasonably withheld, conditioned, or delayed; such approval shall be issued by the City Manager or his/her designee. LICENSOR shall give such approval or provide LICENSEE with its requests for changes, which changes must comply with all applicable building codes, in writing within thirty (30) working days of LICENSOR's receipt of LICENSEE's work plans. If LICENSEE does not receive such approval or request for changes in writing within such thirty (30) working day period, LICENSOR shall be deemed to have approved the plans. LICENSOR shall not be entitled to receive any additional consideration in exchange for giving its approval of LICENSEE's plans. Page 3 of 67