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2006-364
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2006-364
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Date is defined as the first (0) day of the month following the date this Agreement is executed <br /> by the parties or the first ( P ) day of the month following the date LESSEE is granted a building <br /> permit by the governmental agency charged with issuing such permits, whichever event occurs <br /> last; provided, however, in no event shall the Commencement Dale occur later than the first ( 1 ") <br /> day of the month following the date that is three (3) months after the date this Agreement is <br /> executed by the Parties. <br /> 3 .2. LESSEE shall furnish and install a separate electrical meter at the Premises for the <br /> measurement of electrical power used by LESSEE' s installation. LESSEE shall pay the local <br /> utility provider directly for its power consumption at the Premises. <br /> 4. EXTENSIONS . This Agreement shall automatically be extended for four <br /> (4) additional five (5) year terms unless the LESSEE terminates it at the end of the then current <br /> term by giving the LESSOR written notice of the intent to terminate at least six (6) months prior <br /> to the end of the then current term. <br /> 5 . ANNUAL RENT INCREASE. Commencing on the first annual anniversary <br /> of the Commencement Date and on each annual anniversary thereafter during the term of this <br /> Agreement (including all extension terms), annual rent shall increase by an amount equal t04111110W <br /> percent so of the annual rent due for the immediately preceding lease year. <br /> 6. INTENTIONALLY OMITTED. <br /> 7 . USE; GOVERNMENTAL APPROVALS. LESSEE shall use the Premises for <br /> the purpose of constructing, maintaining and operating a stealth flagpole, up to one hundred fifty <br /> ( 150) feet high, wireless communications facilities and uses incidental and all necessary <br /> appurtenances. The stealth flagpole tower shall look and function as a flagpole with all antennae <br /> located under an outer skin of fiberglass, plastic or similar material which will be conducive to <br /> LESSEFs use of the stealth flagpole as permitted in this Agreement. Entrance to the exterior <br /> skin of the stealth flagpole will be below ground rather than by elevated waveguide bridges. The <br /> flag will be of such size and quality to gain the reasonable approval of the Indian River County <br /> (the "County"). The flag and stealth flagpole will be illuminated at night at the expense of <br /> LESSEE and will be fitted with hardware so the flag thereon can be flown at half mast andlor <br /> lowered when necessary. A security fence consisting of chain link construction or similar but <br /> comparable construction may be placed around the perimeter of the Premises at the discretion of <br /> LESSEE (not including the access casement). All improvements shall be at LESSEE'S expense <br /> and the installation of all improvements shall be at the discretion and option of the LESSEE. <br /> LESSEE's initial installations shall be subject to LESSOR's prior written approval , which <br /> approval shall not be unreasonably withheld, delayed or conditioned. Thereafter, LESSEE shall <br /> have the right to replace, repair, add or otherwise modify its initial installations or any portion <br /> thereof without LESSOR's approval, whether the equipment is specified or not on any exhibit <br /> attached hereto, during the term of this Agreement, provided LESSEE does not install any <br /> equipment outside the boundaries of the Premises. In the event LESSOR's prior written approval <br /> is required, LESSOR agrees not to unreasonably withhold, delay or condition its consent. <br /> LESSEE will maintain the Premises in a good condition reasonable wear and tear excepted. <br /> LESSOR will maintain the Property, excluding the Premises, in good condition, reasonable wear <br />
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