Agenda - Council - 09/25/2007 - Laserfiche WebLink

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percentage equivalent. The resulting percentage figure shall be multiplied by the previous year's rent (annualized for the first year (see paragraph 2 above). 4. OPTION TERMS. T-Mobile may extend the term of this Agreement for three (3) . additional five (5) year option periods (individually, an "Option Period" and collectively, the "Option Periods"). T -Mobile shall have elected to extend the term for each successive Option Period unless it gives Owner written notice of its intention not to extend at least ninety (90) days prior to the expiration of the then-current term. 5. USE. T -Mobile may use the Property for the purpose of installing, removing, replacing, maintaining, modifying, altering, and operating a communications facility (collectively, the "Communications Facility"). The site design of the Communications Facility shall be subject to the prior approval by Owner, which approval shall not be unreasonably withheld and subject to the issuance by Owner to T-Mobile of a Conditional Use Permit by the Owner's Council. 6. MISCELLANEOUS. (a) Taxes. T-Mobile shall timely pay all real property taxes and assessments against the Property . (b) No Mechanic's Liens. T-Mobile will not allow any mechanics' or material men's liens to be placed on the Property as a result of its work on the Property. (c) Access to Premises. T-Mobile shall have twenty-four (24) hour, seven (7) days a week access to the Premises. (d) Access for Testing. T-Mobile, its agents and contractors, are hereby granted the right; at its sole cost and expense, to enter upon the Property and conduct such studies as T-Mobile deems necessary to determine the Property's suitability for the Communications Facility. These studies may include surveys, soil test, environmental evaluations, radio wave propagation measurements, field strength tests and such other analyses and studies as T-Mobile deems necessary or desirable. T-Mobile shall be responsible, at its cost to restore the Property to as good or better condition upon completion of its testing. 7. UTILITIES. T-Mobile. shall have the right to install telephone cable and electric power cable within the easements set forth in Exhibit B. Payment for electric service, telephone or other commUnication services to the Communications Facility shall be T-Mobile's responsibility. Owner agrees to cooperate with T-Mobile in its efforts to connect the Communications Facility to existing utility service at I-Mobile's expense. 8. ACCESS TO PROPERTY. Owner will grant to T-Mobile a non-exclusive 16.5 foot ingress egress easement over and across the Property for the tern of this Agreement. T -Mobile shall be responsible for the construction of its access driveway on the ingress egress easement and pay for all expenses incurred in its construction and continued -240- 2