|
(i) Six (6) months prior to the expiration of the initial term, if LESSOR, in its reasonable discretion
<br />determines that LESSEE's continued tenancy is not in conformity with LESSOR's intended use of the Property,
<br />LESSOR shall provide written notice to LESSEE that the Lease will not be extended.
<br />(ii) 'Thereafter, 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 (6) months prior to the end of
<br />the then - current term. Within sixty (60) days of receipt of LESSEE'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 />If LESSOR does not respond within sixty (60) days, the lease is deemed renewed for an additional Renewal
<br />Term. If neither party provides notice as set forth above, the lease shall continue on a month - to-month basis.
<br />8. GOVERNMENTAL APPROVALS. It is understood and agreed that LESSEE's ability to use the
<br />Premises is contingent upon its obtaining all of the certificates, permits and other approvals (collectively the
<br />"Governmental Approvals ") that may be required by any Federal, State or local authorities 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 the obligation) to enter the
<br />Premises for the purpose of making necessary inspections and engineering surveys (and soil tests where applicable)
<br />and other reasonably necessary tests (collectively "rests") to determine the suitability of the Premises for LESSEE's
<br />Facilities (defined below) and for the purpose of preparing for the construction of LESSEE's Facilities. In the event
<br />that any of such applications for such Governmental Approvals should be finally rejected or any Governmental
<br />Approval issued to LESSEE is canceled, expires, lapses, or is otherwise withdrawn or terminated by the
<br />governmental authority or 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 technically compatible for
<br />its intended use, LESSEE shall have the right to terminate this Agreement. Notice of LESSEE's exercise of its right
<br />to terminate shall be given to LESSOR in writing by certified mail, return receipt requested, and shall be effective
<br />upon the mailing of such notice by LESSEE. All rentals paid to said termination date shall be retained by the
<br />LESSOR. Upon such termination, this Agreement shall become null and void and all the Parties shall have no
<br />further obligations including the payment of money, to each other.
<br />9. APPROVAL OF PLANS. Prior to commencing construction of LESSEE's Facilities (defined
<br />below), LESSEE shall obtain LESSOR's approval of LESSEE's work plans, which approval shall not be
<br />unreasonably withheld, 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 (15) working days of LESSOR's receipt of
<br />LESSEE's work plans. If LESSEE does not receive such approval or request for changes in writing within such
<br />fifteen (15) working 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 LESSEE's plans.
<br />10. USE Ma1NTENANCE. LESSEE 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 on various frequencies and the construction, maintenance, and operation
<br />of related communications facilities. 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, transmission lines, radio frequency transmitting and
<br />receiving antennas and supporting structures and improvements ( "LESSEE'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 any construction, alterations, modifications or
<br />improvements pursuant to Section 9 above, and LESSEE agrees to submit architectural and engineering drawings
<br />( "Plans'l of the equipment to be installed. LESSEE agrees that the installation and maintenance of LESSEE's
<br />Facilities shall be effected with all reasonable diligence and precaution to avoid damage to the land, property or
<br />personnel. Notwithstanding the foregoing, once the initial improvements are installed, LESSEE may replace,
<br />substitute, upgrade and expand its equipment, cables and antennas which comprise LESSEE's Facilities for the
<br />purpose of repairing or upgrading the communications capabilities of LESSEE's Facilities, with notice to LESSOR,
<br />Site #: LA33936B
<br />Site Name: DcH Park
<br />Date: 06/18/2010
<br />
|