25F - CELLULAR ANTENNA - RIVERVIEW PARK

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Facilities shall comply with all non-interference rules of the Federal Communications Commission ("FCC"). LESSOR shall not use, or permit the use of, any portion of the Property in any way, which interferes with LESSEE's use of the Premises or encroaches upon the Premises. In addition to any other rights LESSEE may have hereunder, LESSEE shall have the right to bring legal action to enjoin such interference against the party causing any alleged interference and/or immediately terminate this Agreement. Notwithstanding the foregoing, Pre-Existing Communications operating in the same manner as on the date this Agreement is fully executed shall not be deemed interference. LESSOR shall require any future tenants, assignees, licensees, or occupants using any portion of the Property for the operation of mobile/wireless or radio communications facilities to comply with the provisions of this Section and shall obtain LESSEE'S written consent prior to allowing such use of the Property, which such consent shall not be unreasonably withheld, conditioned, or delayed, provided that LESSEE'S consent may be withheld if interference with LESSEE'S transmissions, receptions, operations, or use of frequency will result due to such use, whether or not such interference is with LESSEE'S frequencies or otherwise. The City Manager shall determine whether consent is unreasonably withheld and may require LESSEE to consent subject to the above conditions. In the event of any interference with LESSOR'S public safety communications operations, LESSEE shall have twenty-four (24) hours after receipt of notice to cure the interference, and if LESSEF, fails to do so, LESSOR has the right to require that LESSGG cease operating LESSEE'S Facilities (except for intermittent testing to determine the source of the interference) until LESSEE is able to recommence operations without causing such interference. If LESSEE'S Facilities interfere with LESSOR'S public safety communications operations during an emergency, LESSOR may require that LESSEE immediately cease operating LESSEE'S Facilities and if LESSEE fails to do so, LESSOR has the right to shutdown the electricity supply to LESSEE'S Facilities. LESSEE shall reimburse LESSOR for any actual, reasonable costs that LESSOR incurs to cure any interference with LESSOR'S public safety communicaions operations caused by LESSEE'S Facilities. 14. REMOVAL UPON TFRMINA'CION. LESSEF., upon expiration or earlier termination of the Agreement, shall, within ninety (90) days, remove all of LESSEE'S fixtures and all personal property and otherwise restore the Premises substantially to its original condition, az LESSEE'S sole expense, reasonable wear and tear, and casualty excepted. Underground conduits, foundations and equipmenUstorage buildings may remain at LESSOR'S option. LESSOR agrees and aclotowledges that all of the equipment, fixtures and personal property of LESSEE shall remain the personal property of LESSEE and LESSEE shall have the right to remove the same, whether or not said items are considered fixtures and attachments to real property under applicable law. if such time for removal causes LESSEE to remain on the Premises past the aforementioned ninety (90) day period after the expiration or earlier termination of this Agreement, LESSEE shall pay rent at the then existing monthly rate or on the existing monthly pro-rata basis if based upon a longer payment term, until such time as the removal of the building, antenna structure, fixtures and all personal property are 'f-MODII.E RIVERVIEW PAR}: 25F-8