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approval shall not be unreasonably withheld, conditioned, or delayed; such approval shall be
<br />issued by the City Manager or his /her designee. LESSOR shall give such approval or provide
<br />LESSEE with its requests for changes, which changes must comply with all applicable building
<br />codes, in writing within fifteen (15) working days of LESSOR's receipt of the Plans. If LESSEE
<br />does not 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 entitled
<br />to receive any additional consideration in exchange for giving its approval of the Plans. If
<br />LESSOR disapproves the Plans, then LESSEE will provide LESSOR with revised plans, such
<br />revisions to be in compliance with LESSOR's written request for changes. LESSOR will not
<br />knowingly permit or suffer any person to copy or utilize the Plans for any purpose other than as
<br />provided in this Agreement and will return the Plans to LESSEE promptly upon request.
<br />LESSEE maintains the right to perform routine maintenance, repairs, replacements and upgrades
<br />without LESSOR approval when no material changes to the exterior appearance of LESSEE's
<br />Facilities are made.
<br />10. USE/MAINTENANCE. LESSEE may use the Premises for any lawful activity
<br />in connection with the provisions of mobile /wireless commrmications services, including without
<br />limitation, the transmission and the reception of communications signals on various frequencies
<br />and the construction, maintenance, and operation of related communications facilities.
<br />Accordingly, LESSEE shall have the right to construct, maintain, install, repair, and operate on
<br />the Premises communications facilities, including but not limited to,transmitting and receiving
<br />equipment, batteries, utility lines, transmission lines, transmitting and receiving antennas and
<br />supporting structures and improvements (collectively, "LESSEE's Facilities "). All improvements
<br />shall be at LESSEE's sole expense and the installation of all improvements shall be at the
<br />discretion and option of LESSEE, with LESSOR approval, which approval shall not be
<br />unreasonably withheld, delayed or conditioned. Said approval shall be obtained from LESSOR
<br />prior to commencement of any construction, alterations, modifications or improvements pursuant
<br />to Section 9 above. 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 land,
<br />property or personnel. Notwithstanding the foregoing, once the initial improvements are
<br />installed, LESSEE may replace, substitute, upgrade and expand its equipment, cables and
<br />antennas which comprise LESSEE's Facilities for the purpose of repairing or upgrading the
<br />communications capabilities of LESSEE's Facilities, with notice to LESSOR, so long as the
<br />equipment, cables or antennas remain within the original physical parameters of the Premises.
<br />LESSEE shall not make any substantive physical and/or aesthetic changes to the Premises
<br />without the prior approval of LESSOR which shall not be unreasonably withheld, conditioned or
<br />delayed. Notwithstanding the foregoing, LESSOR shall not be entitled to receive any additional
<br />consideration in exchange for giving its approval of any of the foregoing. Any such changes are
<br />subject to the provisions of Section 13 contained herein below. LESSEE shall be responsible for
<br />the cost of any and all damage to the Property (including but not limited to concrete and /or
<br />asphalt, buildings and /or appurtenances) caused by ,LESSEE. LESSEE shall have the right to
<br />install any warning signs on or about the Premises required by federal, state or local law.
<br />LESSEE's Facilities shall be constructed and maintained in a manner and with materials
<br />that are consistent with the approved Plans. The materials actually used must substantially match
<br />the proposed materials and artistic renderings. LESSOR shall provide LESSEE, LESSEE's
<br />employees, agents, contractors, subcontractors and assigns with access to the Premises twenty -
<br />four (24) hours a day, seven (7) days a week, at no charge to LESSEE. LESSOR represents and
<br />warrants that it has full rights of ingress to and egress from the Premises to a public right -of -way,
<br />and hereby grants such rights to LESSEE to the extent required to construct, maintain, install and
<br />operate LESSEE's Facilities on the Premises, and to remove them therefrom. LESSOR shall, at
<br />0.5022333.1 4
<br />Jerome Park
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