|
<br />Site 10: N020255-A-02
<br />Site Name: Tower City, NO Tower
<br />
<br />Owner forty-eight (48) hours prior notice. Tenant will
<br />have unrestricted access twenty-four (24) hours a
<br />day seven (7) days a week to its Pad or Shelter. In
<br />the event of an emergency situation which poses an
<br />immediate threat of substantial harm or damage to
<br />persons and/or property (including the continued
<br />operations of Tenant's telecommunications
<br />equipment) which requires entry on the Tower,
<br />Tenant may enter same and take the actions that are
<br />required to protect individuals or personal property
<br />from the immediate threat of substantial harm or
<br />damage; provided that promptly after the emergency
<br />entry and in no event later than twenty-four (24)
<br />hours, Tenant gives telephonic and written notice to
<br />Owner of Tenant's entry onto the Site.
<br />8. Notices. All notices must be in writing and are
<br />effective when deposited in the U.S. mail, certified
<br />and postage prepaid, or when sent via overnight
<br />deHvery, to the address set forth below, or as
<br />otherwise provided by law.
<br />
<br />Tenant:
<br />
<br />Cass County Government
<br />4630 15 Avenue North
<br />Fargo, ND 58102-5801
<br />
<br />SBA Structures, Inc.
<br />5900 Broken Sound Parkway N.W .
<br />2nd Floor
<br />Boca Raton, FL 33487-2797
<br />Attn: Site Administration
<br />RE: ND20255-A-02/Tower City, NO Tower
<br />
<br />Owner:
<br />
<br />Rental
<br />Payments:
<br />
<br />SBA Structures, Inc.
<br />P.O. Box 952448
<br />St. Louis, MO 63195-2448
<br />Attn: Accounts Receivable
<br />RE: ND20255-A-02/Tower Cltyo NO Tower
<br />
<br />9. Installation and Improvements. Prior to
<br />installing or allowing any Equipment to be installed at
<br />the Site or making any changes, modifications or
<br />alterations to such Equipment, Tenant, at its
<br />expense, will obtain all required approvals and will
<br />submit to Owner plans, specifications and proposed
<br />dates of the planned installation or other activity, for
<br />Owner's approval which approval will not be
<br />unreasonably withheld, including, if requested by
<br />Owner, a tower loading study and/or an
<br />intermodulation study performed and certified by an
<br />independent licensed professional engineer. The
<br />approved plans will be deemed incorporated into this
<br />Agreement. All installation of or other work on
<br />Tenant's Equipment on the Tower will be at Tenant's
<br />sole expense and performed by Owner or one of its
<br />affiliates or subsidiaries. All installations, operation
<br />and maintenance of Equipment must be in
<br />accordance with Owner's policies set forth in Exhibit
<br />D. Owner reserves the right to prohibit operation of
<br />any Equipment it reasonably deems to be improperly
<br />
<br />ANTSITE 11-20-00
<br />April 25.2007
<br />
<br />Tenant Site 10:
<br />Tenant Site Name:
<br />
<br />installed, unsafe or not included in the installation
<br />design plan. Owner agrees to cooperate with
<br />Tenant's reasonable requests, at Tenant's expense,
<br />with respect to obtaining any required zoning
<br />approvals for the Site and any improvements. Upon
<br />termination or expiration of this Agreement, Tenant
<br />shall remove its Equipment and improvements and
<br />will restore the Site to the condition existing on the
<br />Commencement Date, except for ordinary wear and
<br />tear and insured casualty loss. If Tenant fails to
<br />remove its Equipment as specified in the preceding
<br />sentence, Tenant's Equipment will be subject to
<br />diSconnectiono removalo and disposal by Owner. If
<br />Tenant's Equipment remains on the Site after the
<br />termination or expiration date (even if it has been
<br />disconnected), Tenant will pay to Owner a hold-over
<br />fee equal to two hundred percent (200%) of the then-
<br />effective monthly Rent, prorated from the effective
<br />date of termination to the date the Equipment is
<br />removed from the Site. Owner will have the right (but
<br />not the obligation) to disconnect and remove
<br />equipment from the Site. If, after the termination
<br />date, Owner disconnects and removes Equipment,
<br />Tenant will pay to Owner upon demand three
<br />hundred percent (300%) of the disconnection,
<br />removal and storage expenses incurred by or on
<br />behalf of Owner. If the Equipment is not reclaimed
<br />by Tenant within forty-five (45) days of its removal
<br />from the Site, Owner has the right to sell the
<br />Equipment and deduct therefrom any amounts due
<br />under this Agreement, returning the remainder to
<br />Tenant. Upon written notice by Owner to Tenant not
<br />less than five (5) business days beforehand, unless
<br />such notice can not reasonably be provided in which
<br />event Owner will give Tenant the earliest possible
<br />reasonable notice, Tenant will cooperate with Owner
<br />in rescheduling its transmitting activities, reducing
<br />power, or interrupting its activities for limited periods
<br />of time in the event of an emergency or in order to
<br />permit the safe installation of new equipment or new
<br />facilities at the Site or to permit repair to facilities of
<br />any user of the Site or to the related facilities.
<br />
<br />10. Compliance with Laws. Tenant agrees to take
<br />the Site in strictly "as js" condition. Owner represents
<br />that the Site, its property contiguous thereto, and all
<br />improvements located thereon, are in substantial
<br />compliance with building, life/safety, disability and
<br />other laws, codes and regulations of applicable
<br />governmental authorities. Tenant will substantially
<br />comply with all applicable laws relating to its
<br />possession and use of the Site and its Equipment.
<br />Within sixty (60) days after execution of this
<br />Agreement, Tenant shall provide Owner with a copy
<br />of the FAA Determination of No Hazard which grants
<br />approval to Tenant's frequencies and power (ERP) to
<br />be used at the Site. Upon request by Owner, Tenant
<br />will produce satisfactory evidence that all Equipment
<br />installed at the Site complies with federal regulations
<br />pertaining to radio-frequency radiation standards and
<br />
<br />2
<br />
<br />Tenant Initials: _ Owner Initials:l~,~~1lJ
<br />
|