2018-055 Resolution - Laserfiche WebLink

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adversely affect Optionee's Intended Use (as defined in Paragraph 10 below) of the Premises until this Option expires or is terminated by Optionee. The representations and warranties of Optionor shall survive the exercise of the Option and the termination or expiration of the term of this Agreement. 6. Taxes. Optionor shall pay any ad valorem taxes or other special assessment taxes attributable to the Premises during the Option. 7. Inspections and Investigations. Optionor hereby grants to Optionee, its officers, agents, employees and independent contractors the right and privilege to enter upon the Premises at any reasonable time after the date of this Option, upon prior notification of Optionor, to perform or cause to be performed test borings of the soil, environmental audits, engineering studies and to conduct a survey of the Premises. Upon reasonable notification, Optionor shall grant Optionee access by personnel with any necessary keys or access codes to the Premises if needed for ingress and egress, and Optionee shall not unreasonably interfere with Optionor's use of the Premises in conducting these activities. 8. Further Acts. Optionor shall cooperate with Optionee in executing any documents necessary to protect Optionee's rights under this Option or Optionee's use of the Premises and to take such action as Optionee may reasonably require to effect the intent of this Option. I1. LEASE AGREEMENT 9. Exercise of Option. Upon the tender of written notice of Optionee's intent to exercise the Option, the terms of this Agreement applying to the lease of the Premises shall govern the relationship of the parties and this Agreement shall thereafter be referred to as the "Lease," Optionor shall thereafter be referred to as Lessor and Optionee shall thereafter be referred to as Lessee. The date of the written notice to exercise the Option shall constitute the commencement date of the Lease ("Commencement Date"). 10. Use. The Premises may be used by Lessee and Lessee's tenants and licensees for the transmission and receipt of wireless communication signals in any and all frequencies, the construction, maintenance, operation, subleasing and licensing of towers, antennas, and buildings, and related facilities and activities, and for any other uses which are incidental thereto ("Intended Use"). Lessee and its sublessees and licensees shall have emergency access to the Premises twenty-four (24) hours a day, seven (7) days a week and shall otherwise have reasonable access upon notification. Lessor agrees to cooperate with Lessee in obtaining, at Lessee's expense, all licenses and permits required for Lessee's use of the Premises (the "Governmental Approvals"). Lessor further agrees to cooperate with Lessee in executing and delivering any documents requested by Lessee to obtain Government Approvals necessary for its Intended Use. In the event that Lessee's Intended Use of the Premises is actually or constructively prohibited then, in addition any other remedies available to Lessee, Lessee shall have the option to terminate this Lease with notice to Lessor. Lessee grants to Lessor the rights to locate equipment, approved in advance by Lessee, on the tower between the 90 and 140 height level (maximum of ten feet of vertical space), specifically parties anticipate the possible installation of safety forces radio antennae, including but not limited to Ohio Marks system, above the 140' height, and also anticipate possible installation of electrical lighting fixtures (stadium TowerCo Site Name: N Olmsted Rec TowerCo Site Number: OH0391