|
for reasonable access, as described in this Agreement, extending from the nearest public right-of-way to the
<br />Lessee's Facilities, for access, installation, operation and maintenance and an easement for the installation,
<br />operation and maintenance of utility wires, poles, cables, conduits, and pipes over, under, or along such area as
<br />permitted. Such access and utility area ("Access Area") is as described on EXHIBIT "B." Lessee shall maintain
<br />property security of the Leased Premises in accordance with applicable City land development codes and
<br />regulations. Lessee shall not block the entrance of the access road where it intersects at the public right-of-way.
<br />(f) Lessee shall submit a copy of future site plans and of any modifications of the tower or for any
<br />replacement tower to the Lessee Facilities to Owner for Owner's written approval, which approval shall be subject
<br />to, and only to, all land development code requirements. Such approval shall not be unreasonably conditioned,
<br />delayed or withheld and such approval shall be without further compensation to Owner. Approval shall be deemed
<br />given by Owner where Owner has failed to respond within twenty (20) days of notice as provided herein. Only
<br />one tower shall be erected on the Leased Premises and it shall be limited to its existing height.
<br />(g) In all respects, throughout this Agreement, anytime Owner's consent or approval is required, such
<br />consent or approval may be given by Owner's designee(s). Lessee's submitted plans shall undergo a preliminary
<br />review by City staff for the purpose of approval under this Agreement. No construction or installation shall be
<br />commenced until the Owner has approved plans for such work and all necessary permits have been properly issued
<br />as required herein. Such approvals shall be subject to, and only to, all land development code requirements and
<br />shall not be unreasonably conditioned, delayed or withheld and such approval shall be without further
<br />compensation to Owner. Approval shall be deemed given by Owner where Owner has failed to respond within
<br />twenty (20) days of notice as provided herein.
<br />(h) Lessee may, at any time, modify, supplement, replace, repair, remove or relocate any of the
<br />Lessee Facilities or other appurtenances located within the Leased Premises during the term of this Agreement,
<br />which includes routine maintenance, the like -replacement of the transmitting and receiving antennas and/or related
<br />communications equipment, or any modifications to the interior of the equipment shelter or items housed therein.
<br />Owner's consent shall not be required where the modification is non-structural in nature or involves the
<br />replacement of substantially similar equipment. Any modification to the tower shall require City's prior written
<br />approval and such approval shall be subject to, and only to, all land development code requirements and shall not
<br />be unreasonably conditioned, delayed or withheld and such approval shall be without further compensation to
<br />Owner. Approval shall be deemed given by Owner where Owner has failed to respond within twenty (20) days of
<br />notice as provided herein.
<br />2. Term. This Agreement shall be effective as of the first (1st) day of January, 2022, for a term of ninety-nine
<br />(99) years ("Full Term"), with no extensions or renewal option periods, conditioned upon approval by referendum
<br />election in November 2021.
<br />3. Assignment/Subletting. The Parties acknowledge that Lessee has contracted with Towerpoint to sublease the
<br />Tower for the remaining term of this Agreement, in return for the payment of $1,700,000.00 for the limited uses
<br />set forth above in Paragraph l . To obtain the City's agreement, the Lessee shall pay to City the sum of $535,250.00
<br />at closing. Except for the sublease to TiGR Acquisitions II1, LLC or its affiliate ("TowerPoint"), Lessee will not
<br />assign, sublease, or transfer this Agreement without the prior written consent of Owner, which consent is totally
<br />discretionary with the Owner. The parties agree that if TowerPoint shall terminate/cease as the sublessee for any
<br />reason and the County receives revenue from any third party for use of tlue tower, the City shall receive one-half
<br />of said revenue, however City shall share one half of any and all transactional costs associated with such
<br />transaction, including, but not limited to any consultant fees.
<br />4. Title and Quiet Possession. Owner represents and agrees, (a) that it is the owner of the Lease Premises and
<br />has the legal right to use the Leased Premises and the Access Area and to grant Lessee the right to use the Leased
<br />Page 2 of 12
<br />
|