2011 010 Ordinance - Laserfiche WebLink

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3/15/2011 IV. 'LICENSE FEE/UTILITY COSTS (a) In consideration of location on Licensor's tower and in Licensor's shelter; Licensee agrees to pay monthly electric and air-conditioning usage costs ("utility costs")associated with use of the tower and shelter. These utilities have been split metered in the building from the Licensor's utilities so that the accurate consumption of use may easily be split according per user. . Licensor will provide monthly billing to Licensee of usage arid its associated cost as charged by Licensors local utility company. Licensee agrees to pay the invoiced amount to the Licensor. In addition, Licensee agrees to pay an initial one-time access and use fee of $1800.00 plus past due utility invoices from October 2010 through February 2011to compensate Licensor for utility costs incurred as a result of Licensee's use of the tower and shelter. (b) Any fee or other payment made by Licensee shall contain a notation with the MARLS Mayfield Site License Payment and the reason for payment, date, and copy of invoice or contract initiating payment. The payment should be made payable to: Mayfield Village And mailed to Mayfield Village, Ohio c/o Its Finance Director 6622 Wilson Mills Road Mayfield Village, Ohio 44143 V. WASTE/RETURN OF PREMISES Licensee shall not commit or suffer any waste on the Premises. Upon the expiration of this License or upon the earlier termination hereof, Licensee shall surrender possession of the Premises in substantially as good a condition as the same existed at the Commencement Date, except for: (a) damage from fire or natural elements; (b) circumstances beyond the control of Licensee; (c) reasonable use and normal wear and tear, depreciation and decay; and (d) the Licensee improvements and any alterations, fixtures; additions, structures or signs placed or erected upon the Premises by either Licensor or Licensee after the Commencement Date. Provided, however, if Licensee desires to remove its improvements and/or any of the items set forth in (d) above, then Licensee may remove such improvements and such items and shall repair all damage caused in the course of any such removal(s). VI. WARRANTY OF TITLE AND QUIET ENJOYMENT Licensor represents and warrants that it is the lawful owner or Lessee of the Premises and has full authority to enter into this License. Upon Licensee's payment of the annual license fee and all other charges due hereunder, and otherwise complying with the terms hereof; Licensor shall ensure the Licensee may have quiet use and enjoyment of the Premises. 1) In utilizing, or permitting others to utilize, other portions of the communications tower which is the subject of this License and any surrounding lands owned or leased by Licensor or under its control, Licensor shall not take, or permit others to take, any action Page 4 of 26