8D Consent 2010 1115 - Laserfiche WebLink

Home

SrM NAME SF_39195 SITE NUMBER: CA- SF00832A for the previous year. License Fee for any fractional month at the beginning or at the end of the Term or Renewal Term shall be prorated. License Fee shall be payable to Licensor at 835 East 10 Street, San Leandro, CA 94577; Attention: Tara Peterson. All of Licensee's monetary obligations set forth in this Agreement are conditioned upon Licensee's receipt of an accurate and executed W -9 Form from Licensor. 6. Improvements 6.1 Licensee has the right to construct, maintain, install, repair secure, replace, remove and operate on the Premises radio communications facilities, including but not limited to utility lines, transmission lines, an air conditioned equipment shelter(s) and/or an air conditioned equipment room in, adjacent to, or on the roof of, the Building, electronic equipment, transmitting and receiving antennas, microwave dishes, antennas and equipment, a power generator and generator pad, and supporting equipment and structures therefore ( "Licensee Facilities "). In connection therewith, Licensee has the right to do all work necessary to prepare, add, maintain and alter the Premises for Licensee's communications operations and to install utility lines and transmission lines connecting antennas to transmitters and receivers. All of Licensee's construction and installation work shall be performed at Licensee's sole cost and expense and in a good and workmanlike manner. Title to the Licensee Facilities and any equipment placed on the Premises by Licensee shall be held by Licensee or its lenders or assigns and are not fixtures. Licensee has the right to remove the Licensee Facilities at its sole expense on or before the expiration or earlier termination of this Agreement, and Licensee shall repair any damage to the Premises caused by such removal. Upon the expiration or earlier termination of this Agreement, Licensee shall remove the Licensee Facilities from the Property at Licensee's expense. 7. Access and Utilities 7.1 Licensor shall provide Licensee, Licensee's employees, agents, contractors, subcontractors and assigns with access to the Premises twenty-four (24) hours a day, seven (7) days a week at no charge to Licensee, if access is during Licensor's regular hours. Licensee shall provide adequate notice to Licensor of its intentions to access the site at all times as to allow for a Licensor representative to be present. Licensee shall pay SEVENTY FIVE and 00 /100 Dollars ($75.00) per hour to Licensor for access to the site outside of Licensor's regular hours. 7.2 Licensor shall maintain all access roadways from the nearest public roadway to the Premises in a manner sufficient to allow pedestrian and vehicular access at all times under normal weather conditions. Licensor shall be responsible for maintaining and repairing such roadways, at its sole expense, except for any damage caused by Licensee's use of such roadways. Routine maintenance by Licensor of the facilities parking lot may preclude vehicular access for a limited amount of time. 7.3 In consideration of the License Fee, Licensor shall provide 30 amps of electrical service to Licensee at no charge to Licensee through Licensor owned facilities. 8. Interference Licensee shall operate the Licensee Facilities in compliance with all Federal Communications Commission ("FCC") requirements including those prohibiting interference to communications facilities of Licensor or other lessees or licensees of the Property, provided that the installation and operation of any such facilities predate the installation of the Licensee Facilities. Subsequent to the installation of the Licensee Facilities, Licensor will not, and will not permit its lessees or licensees to, install new equipment on or make any alterations to the Property or property contiguous thereto owned or controlled by Licensor, if such modifications are likely to cause interference with Licensee's operations. Licensor shall include a provision in any future agreement for space on the roof that notifies the future tenant\licensee that the Licensee Facilities predate the future tenant\licensee on the roof, and that any and all improvements by the future tenant\licensee shall not interfere with the Licensee Facilities. In the event interference occurs, Licensor agrees to use best efforts to eliminate such interference within forty -eight (48) hours from the time interference occurs. Licensor's failure to comply with this paragraph shall be a material breach of this Agreement. 9. Taxes Licensee shall pay personal property taxes assessed against the Licensee Facilities and Licensor shall pay when due, all real property taxes and all other taxes, fees and assessments attributable to the Premises or this Agreement. Clearwire Communication Tower Agreement . 2- v 5 -22 -06