Laserfiche WebLink
engineering surveys (and soil tests where applicable) and other reasonably necessary tests <br />(collectively "Tests") to determine the suitability of the Premises for LESSEE'S Facilities <br />(defined below) and for the purpose of preparing for the construction of LESSEE's <br />Facilities. In the event that any of such applications for such Governmental Approvals <br />should be finally rejected or any Governmental Approval issued to LESSEE is canceled, <br />expires, lapses, or is otherwise withdrawn or terminated by the governmental authority or <br />soil boring tests are found to be unsatisfactory so that LESSEE will be unable to use the <br />Premises for its intended purposes or LESSEE determines that the Premises is no longer <br />technically compatible for its intended use, LESSEE shall have the right to terminate this <br />Agreement. Notice of LESSEE's exercise of its right to terminate shall be given to <br />LESSOR in writing by certified mail, return receipt requested, and shall be effective upon <br />the mailing of such notice by LESSEE. All rentals paid to said termination date shall be <br />retained by the LESSOR. Upon such termination, this Agreement shall become null and <br />void and all the Parties shall have no further obligations including the payment of money, <br />to each other. <br />9. APPROVAL OF PLANS. Prior to commencing construction of <br />LESSEE'S Facilities (defined below), LESSEE shall obtain LESSOR's approval of <br />LESSEE'S work plans, which approval shall not be unreasonably withheld, conditioned, <br />or delayed; such approval shall be issued by the City Manager or his/her designee. <br />LESSOR shall give such approval or provide LESSEE with its requests for changes, <br />which changes must comply with all applicable building codes, in writing within fifteen <br />(15) working days of LESSOR's receipt of LESSEE's work plans. If LESSEE does not <br />receive such approval or request for changes in writing within such fifteen (15) working <br />day period, LESSOR shall be deemed to have approved the plans. LESSOR shall not be <br />entitled to receive any additional consideration in exchange for giving its approval of <br />LESSEE'S plans. <br />10. USE/MAINTENANCE. LESSEE may use the Premises for any lawful <br />activity in connection with the provisions of mobilelwireless communications services, <br />including without limitation, the transmission and the reception of radio communication <br />signals on various frequencies and the construction, maintenance, and operation of <br />related communications facilities. Accordingly, LESSEE shall have the right to <br />construct, maintain, install, repair, and operate on the Premises radio communications <br />facilities, including but not limited to, radio frequency transmitting and receiving <br />equipment, batteries, utility lines, transmission lines, radio frequency transmitting and <br />receiving antennas and supporting structures and improvements ("LESSEE'S Facilities"). <br />All improvements shall be at LESSEE's sole expense and the installation of all <br />improvements shall be at the discretion and option of LESSEE, with LESSOR approval, <br />which approval shall not be unreasonably withheld, delayed or conditioned. Said <br />approval shall be obtained from LESSOR prior to commencement of any construction, <br />alterations, modifications or improvements pursuant to Section 9 above, and LESSEE <br />agrees to submit architectural and engineering drawings ("Plans") of the equipment to be <br />installed. LESSEE agrees that the installation and maintenance of LESSEE'S Facilities <br />shall be effected with all reasonable diligence and precaution to avoid damage to the <br />land, property or personnel. Notwithstanding the foregoing, once the initial <br />improvements are installed, LESSEE may replace, substitute, upgrade and expand its <br />25G-9 <br />