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2015-133
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2015-133
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A TRUE COPY <br />CERTIFICATION ON LAST PAGE <br />ITH <br />condition is disclosed by T -Mobile's inspection. T -Mobile will restore the Property to'itR coin i'onLaii <br />ss 't existed <br />at the commencement of the Testing Period (as defined below), reasonable wear and tear and casualty not <br />caused by T -Mobile excepted. In addition, T -Mobile shall indemnify, defend and hold County harmless from <br />and against any and all injury, loss, damage or claims arising directly out of T -Mobile's Tests. <br />(c) Plans submitted by T -Mobile call for access easement to the light tower and the County agrees to grant, <br />by separate document if needed, an access easement to the Property. <br />(d) The Tests shall include an engineer's certification that the light tower and any antennae arrays to be <br />installed by T -Mobile shall meet current building code specifications and shall not compromise in any way any <br />manufacturer's warranty on the light tower. <br />2. TERM. <br />(a) This License shall commence on date T -Mobile begins installation at the site (the "Commencement <br />Date"), which shall be confirmed in writing from T -Mobile to County. Unless extended or sooner terminated <br />as herein provided, the initial term shall be ten (10) years following the Commencement Date ("Initial Term"). <br />(b) T -Mobile shall have the option to extend the term of this License for four (4) successive additional <br />periods of 60 months (five years) each ("Renewal Term"). Each Renewal Term shall commence <br />automatically, unless T -Mobile delivers notice to County of its intent not to renew, such notice to be delivered <br />not less than thirty (30) days prior to the end of the then -current term. <br />(c) Upon expiration of this License, T -Mobile shall remove the light tower or transfer ownership of the light <br />tower to the County, at the County's option. If County elects to take ownership of the light tower, (i) T -Mobile <br />shall remove its equipment from the light tower, and (ii) County shall be solely responsible for all costs and <br />expenses relating to the repair, replacement, maintenance and operation of the light tower. <br />3. LICENSE FEE. T -Mobile shall pay license fee to County beginning at Commencement Date a monthly <br />fee payment that shall consist of the following: <br />(a) One thousand five hundred dollars ($1,500.00); and <br />(b) if applicable, a sum equal to thirty-five percent (35%) of the rent or any fees paid by any tenants, <br />licensees or sublicensees to T -Mobile. <br />(c) The rent or license fees shall be paid by T -Mobile at the address set forth above on or before the fifth <br />(5th) day of each calendar month in advance. Rent will be prorated for any partial month. The initial license fee <br />payment will be forwarded by T -Mobile to County within thirty (30) days after Commencement Date. <br />(d) During the Initial Term and any Renewal Terms, the monthly license fee shall be adjusted annually on <br />each anniversary of the Commencement Date to an amount equal to one hundred four percent (104%) of the <br />monthly license fee in effect immediately prior to the adjustment date. <br />4. TAXES. T -Mobile shall pay any personal property taxes assessed on, or any portion of such taxes <br />attributable to, the Communication Facilities (as defined below). County shall pay when due all real property <br />taxes and all other fees and assessments, if any, attributable to the Property and Premises. T -Mobile shall pay <br />as an additional license fee any increase in real property taxes levied against Premises, which are directly <br />attributable to T -Mobile's use of the Premises (but not, however, taxes attributable to periods prior to the <br />Commencement Date such as roll -back or greenbelt assessments) if County furnishes proof of such increase to <br />T -Mobile. In the event that County fails to pay when due any taxes affecting the Premises or the easement, T - <br />Mobile shall have the right but not the obligation to pay such taxes and deduct the full amount of the taxes paid <br />by T -Mobile on County's behalf from future installments of the license fee. <br />5. USE. <br />(a) The Premises are being licensed for the purpose of erecting, installing, operating and maintaining, <br />transmitting and receiving equipment, the light tower, antennas, dishes, mounting structures, buildings, and <br />related equipment (collectively, the "Communication Facilities"). Subject to prior approval and permitting by <br />2 <br />
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