2023-079 Resolution - Laserfiche WebLink

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lighting) below the 90' height, including but not limited to radar or lightening alert systems. It is the parties' intention that the Lessee's accommodation of Lessor equipment, at no cost, shall not displace or interfere with leasable tower space available to co -locators. Lessor shall provide Lessee with construction drawings depicting a Class 3 Tower for Lessee's review and approval prior to the installation of the equipment. Lessor shall also provide Lessee with a complete listing of the equipment which Lessor desires to install on the tower prior to Lessee purchasing the constmction materials for the Improvements, as defined below. Lessor's rights, as provided above, shall only include the initial installation of equipment and shall not include any future modifications or improvements, unless such modifications and improvements do not impact the structural capacity of the tower site. 11. Term. The term of this Lease shall be forty (40) years commencing on the Commencement Date and terminating on the fortieth (40'h) anniversary of the Commencement Date (`Term"). 12. Intentionally Deleted. 13. Consideration. Lessee shall pay Lessor a lump sum payment of Four Hundred Thousand Dollars ($400,000) as the sole consideration, other than the Co -Location Lump Sum Rent Payments, as provided herein, for leasing the Premises ("Rent"). 14. Improvements: Utilities: Access. (a) Subject to compliance with zoning review and approval, as well as issuance of building code permits, as necessary, including but not limited to landscaping or buffering requirements, Lessee shall have the right, at Lessee's sole cost and expense, to erect and maintain on the Premises all improvements, personal property and facilities necessary or desired for its Intended Use at a location approved by the Lessor (collectively the "Improvements"). The Improvements shall remain the exclusive property of the Lessee throughout the term, upon and atter the termination of this Lease. Lessee may construct, alter, demolish, reconstruct, restore, replace, supplement, modify and reconfigure the Improvements at any time during the Initial Tenn or any Renewal Term of this Lease. Lessee shall remove all of the above -ground portions of the Improvements not later than one hundred eighty (180) days following any termination of this Lease. Lessor grants Lessee the right to clear all trees, undergrowth, or other obstructions and to trim, cut, and keep trimmed and cut all tree limbs which may interfere with or fall upon the Improvements or Premises. Lessor grants Lessee a non- exclusive easement in, over, across and through other real property owned by Lessor as reasonably required for construction, installation, maintenance, and operation of the Improvements. (b) Lessee shall have the tight to install power, telecommunications, cables, conduit, and any other utilities, including cabinets, vaults and improvements directly related to such utilities, on the Property, at Lessee's expense, and to improve present utilities on the Premises (including but not limited to the installation of emergency power generators). Lessee shall have the right to permanently place utilities on (or to bring utilities across or under) the Premises and the Improvements. In the event that utilities necessary to serve the equipment of Lessee or the equipment of Lessee's licensee(s) or sublessee(s) cannot be located within the Premises, Lessor agrees to cooperate with Lessee and to act reasonably in allowing the location of utilities on the Parent Parcel or To o Site Nam: NOM Olnutwl Perk TeweiCo Site Number: OHNG]