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(i) Six (b) months prior to the expiration of the initial temt, if LESSOR, in its reasonable discretion
<br /> determines that LESSEE's continued tenancy is not in conl'nmtity with LF.SSOR's intended use of the Property,
<br /> LESSOR shall provide written notice [o LESSEE that the Lease will not be extended.
<br /> (ii) ThereaRer, each subsequent renewal shall be subject to the following procedure: If LESSEE
<br /> determines that it desires to extend the term LESSEE shall provide written notice six months prior to the end of
<br /> the then-current term. Within sixty (b0) days of receipt of LF,SSEE's notice, LESSOR shall determine whether such
<br /> extension is in LESSOR'S best interest and, if not in LESSOR'S interest, LESSOR shall deny such extension
<br /> request.
<br /> It' LESSOR does not respond within sixty (60) days, the lease is deemed renewed for an additional Renewal
<br /> Term. I f neither party provides notice as set forth above, the Icase shall continue on a mmtlh-to-month basis.
<br /> R. GOVERNMENTAL APPROVALS. It is understood and agreed that LESSEF.'s ability to use the
<br /> Premises is comingent upon its obtaining ell of the certificates, permits and other approvals (collectively the
<br /> "Governmental Approvals") that may be required by any Federal, State or local authoritiu5 as well as satisfactory
<br /> soil boring tests which will permit LESSEE'S use of the Premises as set forth herein. LESSOR shall cooperate with
<br /> LESSEE in its effort to obtain such approvals and shall take no action, which would adversely affect the status of the
<br /> Property with respect to the proposed use by LESSEE.
<br /> Prior to the Commencement Date, LESSEE shall have the right (but not dte obligation) to enter the
<br /> Premises for the purpose o(making necessary inspections and engineering surveys (and soil tests where applicable)
<br /> and other reasonably necessary tests (collectively "Tests") to determine the suiwbility of the Premises Tor LESSEG's
<br /> Facilities (defined below) and fur the purpose ofpreparing for the construction of LESSEE'S Facilities. In the even)
<br /> that any of such applications for such Guvemmental Approvals should be finally rejected or any Govemntcntal
<br /> Approval issued to LESSEE is canceled, expires, lapses, or is otherwise withdrawn or terminered by the
<br /> govemmental authority or soil boring tests are (owd to be unsatisfactory so that LESSEE will be unable to use the
<br /> Premises for its intended purposes or LESSGE determines that the Premises is no longer technically compatible fur
<br /> its intended ase, LESSEE shall have the right to terminate this Agreement. Notice o(LESSEE's exercise of its right
<br /> to terminate shall be given to LESSOR in writing 6y certified mail, velum receipt requested, and shall he c(I
<br /> CCiive
<br /> upon the mailing of such notice by LESSEE. All rentals paid to said tcnnination dmz shall be retained by the
<br /> LESSOR. Uprnt such tcmmination, this Agreement shall become null and void and all the Panics shall have no
<br /> (usher obligations including the payment of money, to each other.
<br /> 9. APPROVAL OF PLAN. Prior [o commencing conswetion of LESSEf:'s Facilities (defined
<br /> below), LESSGE shall obtain LESSOR'S approval of LESSEE'S work plans, which approval shall not be
<br /> unreasonably withltcld, conditioned, or delayed: such approval shall be issued by the City Manager or his/her
<br /> designee. LESSOR shall give such approval or provide LESSEE with its requests for changes, which changes must
<br /> comply with all applicable building codes, in writing within fifteen (IS) working days of LESSOR'S receipt o!
<br /> LESSEE'S work plans. If LESSGE- does na receive such approval or request for changes in writing within such
<br /> fifteen (IS) working day period, LESSOR shall be deemed ro have approved the plans. LESSOR shall not he
<br /> zmitled to receive any additional consideration in exchange for giving its approval of LESSEE'S plans.
<br /> 10. USE/MAINTC-.NANCE. LESSEG may use the Premises for any lawful activity in connection with
<br /> the provisions of mobile/wireless communications services, including without limitation, the transmission and the
<br /> reception of radio communication signals nn various hequencies and [he constntctioq maintenance, and operation
<br /> of related communications lacilities. Accordingly, LESSEE shall have the right to construct, maintain, install,
<br /> repair, and operate on the Premises radio communications facilities, including but not limited to, radio frequency
<br /> transmitting and receiving equipment, batteries, utility lines, trattsmission lines, radio (requency transmitting and
<br /> receiving antennas and suppetrting stroctures and improvements ("LGSSC:G's Facilities"). All improvements shall
<br /> be at LESSEE'S sole expense and the installation of all improvements shall be at the discretion and option of
<br /> LESSEE, with LESSOR approval, which approval shall not be unreasonably withheld, delayed or conditioned. Said
<br /> approval shall be obtained from LESSOR prior to commencement of arty construction, alterations, modifications or
<br /> improvements pursuant to Section 9 above, and LESSEE. agrees to submit architectural and engineering drawings
<br /> ("Plans") u( the equipment to be installed. LESSEE agrees that the insallation and maintenance of LESSHE's
<br /> Facilities shall be effected with all reasonable diligence and precaution to avoid damage m the land, property or
<br /> personnel. Notwithstanding the foregoing, once the initial improvements are installed, LESSEE: may «place,
<br /> substitute, upgrade mtd expand its equipment, cables and antenn;u which comprise LESSGE's Facilities (or the
<br /> purpose ofrepairing or upgrading the communications capabilities of LESSEE'S Pacilnies, with notice to LESSOR,
<br /> Sipe M~ LAJ7a75A Z
<br /> Sire Namc: AJame Yar4
<br /> Date 04/:7/7010
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