Agmt 2010 Clear Wireless LLC - Laserfiche WebLink

Home

SITE NAME SF 39195 MTh NUMBER: CA- SFOO832A COMMUNISATION SITE LICENSE AGREEMENT (BUILDING) THIS COMMUNICATION SITE LICENSE AGREEMENT ( "Agreement ") dated and is effective as of NOVer tl7er 15 , 20k, is between Clear Wireless LLC, a Nevada limited liability company ( "Clearwire" or "Licensee "), and City of San Leandro, a municipal corporation in the State of California ("Licensor" or "City"). For good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. Premises. Licensor owns or has rights to a parcel of land ( "Land ") and a building ( "Building ") located in the City of San Leandro, County of Alameda. State of California, commonly known as the Marina Community Center located at 15301 Wicks Boulevard (APN: 080G -1320- 003 -28). The Building and the Land are collectively referred to herein as the "Property." The Land is more particularly described in Exhibit A annexed hereto. Subject to the provisions of Paragraph 2 below ( "Effective Date/Due Diligence Period "), Licensor hereby grants a non-exclusive License to Clearwire and Clearwire licenses from Licensor approximately 49.6 (7'10"x6'4") square feet of rooftop space, additional space adjacent to and/or on the roof of the Building and cable tray, conduit and riser space (collectively, "Premises ") as may be described generally in Exhibit B annexed hereto. 2. Effective Date/Due Diligence Period. This Agreement shall be effective on the date of full execution hereof ( "Effective Date "). Beginning on the Effective Date and continuing until the Term Commencement Date as defined in Paragraph 4 below ( "Due Diligence Period "), Clearwire shall only be permitted to enter the Property for the limited purpose of making appropriate engineering and boundary surveys, inspections, and other reasonably necessary investigations and signal, topographical, geotechnical, structural and environmental tests (collectively, "Investigations and Tests ") that Clearwire may deem necessary or desirable to determine the physical condition, feasibility and suitability of the Premises. In the event that Clearwire determines, during the Due Diligence Period, that the Premises are not appropriate for Clearwire's intended use, or if for any other reason, or no reason, Clearwire decides not to commence its tenancy of the Premises, then Clearwire shall have the right to terminate this Agreement without penalty upon written notice to Licensor at any time during the Due Diligence Period and prior to the Term Commencement Date. Licensor and Clearwire expressly acknowledge and agree that Clearwire's access to the Property during this Due Diligence Period shall be solely for the limited purpose of performing the Investigations and Tests, and that Clearwire shall not be considered an owner or operator of any portion of the Property, and shall have no ownership or control of any portion of the Property (except as expressly provided in this Paragraph 2), prior to the Term Commencement Date. 3. Use. The Premises may be used by Licensee for any lawful activity in connection with the provisions of wireless communications services, including without limitation, the transmission and the reception of radio communication signals and the construction, maintenance and operation of related communications facilities. Licensor agrees, at no expense to Licensor, to cooperate with Licensee, in making application for and obtaining all licenses, permits and any and all other necessary approvals that may be required for Licensee's intended use of the Premises. 4. Term. The term of this Agreement shall commence upon the date Licensee begins construction of the Licensee Facilities (as defined in Paragraph 6 below) or thirty (30) days following the Effective Date, whichever first occurs ( "Term Commencement Date ") and shall terminate on the tenth anniversary of the Term Commencement Date ( "Term ") unless otherwise terminated as provided herein. Licensee shall have the right to extend the Term for four (4) successive five (5) year periods ( "Renewal Terms ") on the same terms and conditions as set forth herein. This Agreement shall automatically be extended for each successive Renewal Term unless either party notifies the other party of its intention not to renew at least one hundred eighty (180) days prior to commencement of the succeeding Renewal Term. It is expressly understood and agreed that all rights granted to Licensee under this Agreement are irrevocable until this Agreement expires or sooner terminates as herein provided. 5. License Fee. Within fifteen (15) business days following the Term Commencement Date and on the first day of each month thereafter, Licensee shall pay to Licensor as License Fee TWO THOUSAND TWO HUNDRED FIFTY and 00 /100 Dollars ($2,250.00) per month ("License Fee "). The License Fee shall be increased on each anniversary of the Term Commencement Date by an amount equal to three percent (3 %) of the License Fee Claire Caution Tower A®omeca - 1 - v.5 -II-06