97-041 Ordinance - Laserfiche WebLink

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Tenant shall also have the right to have the Property surveyed, and, in the event that any defects are shown by the survey which, is the opinion of Tenant, may adversely affect Tenant's use of the Premises or Tenant's ability to obtain leasehold financing, Tenant shall have the right to terminate this I.ease upon written notice to Landlord. 15. With Landlord's consent which shall not be unreasonably withheld or delayed, Tenant may assign this Lease sad its other rights hereunder, including without limitation, its right to renew, the Premises or any portion thereof, to any person or business entity which is licensed by the Federal Communications Commission, or its successor, to operate a wireless communications business; is a parent, subsidiary or affiliate of Tenancy controls or is controlled by or under common control with Tenant; is merged or consolidated with Tenancy or purchases a majority or controlling interest in the ownership or assets of Tenant. 16. Each party shall execute documents for the Premises, Antenna Facilities and Permitted Uses inc~ding truthful and reasonable estoppels; rnemoranda of this Agreement; subordinations, which include non- disturbance ctause; and appropriate, allowable zoning and permitting requests, applications and authorities upon not more that 30 days prior notice. Each party shall pay fees due any real estate broker claiming through them. This Agreement shall be construed according to the laws of the State of Ohio, shall be construed according to the fair meaning of the language, not strictly construed against either party, and may be signed in counterparts; facsimile signatures shall be sufficient unless originals aze required by third parties; and is binding on successors and assigns. The unsuccessful party in litigation shall pay the other's attorney fees and costs. In this Agreement, "include" means "including and not limited to". 17. Tenant shall construct a monopole structure approximately 120 feet in height ("Tower"). Tenant acknowledges that it is the desire of the Landlord to m;nirr~i~r. the number of towers in the City of North Olmsted and to that cad to encourage collocation of other wireless communications providers on the Tower. Tenant and Landlord shall allow reasonable access to the tower site to prospective future tenants or licensees who are FCC licensed wireless service providers and will use its best reasonable efforts to lease space on the Tower and die Premises to such tenants or licensees. Both Tenant and Landlord may bring subtenants to the negotiation table. Tenant shall, within thirty (30) days of being presented with a subtenant by the City, or receiving a direct request to tenancy, be solely responsible for approving such future subtenants or licensees. ff space is available on the Tower, Tenant must approve subtenant unless one (1) of the following conditions exists: (1) Subtenant's occupancy would cause interference with existing tower users; (2) Prospective tenant's occupancy would cause over-loading of Tower; or (3) AT&T provides written verification that this prospective subtenant's occupancy, will place AT&T in jeopardy of violating RICO or Anti Trust Laws by becoming an occupant with excessive num~ier of leases across the state and nation. Any lease document or license to such future subtenants or licensees shall be prepared by Tenant upon commercially reasonable terms and conditions which shall be subject to reasonable approval of the Landlord. Such sub lease shall reflect substantially similar terms and conditions as Tenant's lease with the Landlord. Upon Landlord being provided with a copy of said lease, Landlord has the sole responsibility for negotiating the lease with all subtenants at the 80' and 120' platform, These negotiations shall include, but are not limited to, negotiating Rent due, as well as the lease of ground space to .. ~_..~~