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2.4. ERMUSR 09-11-2012
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2.4. ERMUSR 09-11-2012
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2/10/2025 9:11:06 AM
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City Government
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ERMUSR
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9/11/2012
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Lessee shall,prior to the installation of any Equipment on the Property,obtain all <br /> required land use approvals, building permits,and other governmental approvals required for <br /> installation and operation of the Equipment. Lessee shall also comply with all applicable <br /> governmental regulations regarding the installation and operation of the Equipment,including, <br /> without limitation,the requirements of the FCC,FAA, OSHA, and all other regulatory agencies <br /> with jurisdiction over the Equipment(collectively, the"Regulatory Requirements"). Failure of <br /> Lessee to comply with the Regulatory Requirements shall be a default,entitling Lessor to <br /> exercise the remedies hereinafter set forth including,but not limited to,termination of this Lease. <br /> Lessor agrees to cooperate with Lessee at no cost to Lessor with respect to obtaining any <br /> required zoning or other governmental approvals for the Site,the Facilities and contemplated use <br /> thereof. Furthermore, Lessee shall not allow its Equipment to interfere with the facilities of a <br /> user with a higher priority pursuant to Lessor's Policy Statement,or a user whose use of the <br /> Water Tower predates the Commencement Date of this Lease(such users being"Priority <br /> Users"). <br /> 3. Initial Tenn <br /> The Lease is effective upon full execution hereof. The initial term of this Lease("Initial <br /> Term")shall be for a period of five(5)years commencing on the earlier of i.)Lessee <br /> construction start or ii.)June 1,2010("Commencement Date"). Lessee may terminate the Lease <br /> for any reason or no reason prior to the Commencement Date,but agrees to reimburse Lessor <br /> pursuant to paragraph 5(c)hereof for all of Lessors costs incurred prior to such termination date. <br /> 4. Renewal Terms <br /> Subject to Lessor's right set forth in item(2)of the following paragraph, Lessee shall <br /> have the right to extend this lease four(4)times, for a period of five(5)years each(the <br /> "Renewal Terms"). The Renewal Terms shall be on the same terms and conditions as set forth in <br /> this Lease, except that rent shall be increased as provided in paragraph 5(b). <br /> This Lease shall automatically be renewed for the Renewal Terms unless: (1)Lessee <br /> notifies Lessor of Lessee's intention not to renew the Lease at least forty-five(45)days prior to <br /> the expiration of the Initial Term or the Renewal Term which is then in effect;or(2)Lessor <br /> notifies Lessee of Lessor's intention not to renew the Lease at least three hundred sixty(360) <br /> days prior to the expiration of the Renewal Term which is then in effect. <br /> 5. Consideration <br /> (a) Initial Term. Lessee shall pay to Lessor as rental the sum of Twenty <br /> Three Thousand Dollars ($23,000.00)per annum("Lease Payment"). The Lease <br /> Payment shall be increased annu�mmpcing one(1)year from the Commencemen <br /> Date of this Lease at the rate of o) Rent of the previous years rental. The Leas <br /> Payment shall be paid annually in advance with the first such annual payment due on the <br /> Commencement Date and thereafter on each anniversary of the Commencement Date, <br /> partial years to be pm-rated. <br /> (b) Renewal Term. In the event that Lessee elects to renew this Lease as <br /> provided in paragraph 4,the Lease Payment shall be increased each year of the Renewal <br /> -3- <br />
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