DCPCUP-2016-02344 - Laserfiche WebLink

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COMMUNICATIONS EOUIPMENT SITE AGREEMENT THIS COMMUNICATIONS EQUIPMENT SITE AGREEMENT "A reement")is entered into this 2P day of rif ,2012,by and between invited liability company("Owner")and Bug ussel Wireless,LLC,a Wisconsin limited liability company("Operator"). 1. Grant. Subject to the following terms and conditions, Owner hereby grants Operator the nonexclusive right to install,maintain,operate and remove radio communications equipment and appurtenances on Owner's tower("Tower")located on the property described in Exhibit"A" ("Premises"), and leases to Operator a portion of the Premises for construction and occupancy of an equipment shelter or building to house Operator's equipment on the Premises as more particularly described in Exhibit"A". Owner shall continue to have the right to occupy the Premises and the Tower and to grant others rights to occupy or utilize the Premises and the Tower at Owner's sole discretion. Owner also grants to Operator a non-exclusive easement during the term of this Agreement for ingress, egress and regress and for the installation and transmission of utilities on property described on attached Exhibit "B" ("Easement"). Operator may install the equipment, personal property, improvements, alterations or fixtures as specifically described on Exhibit "C" ("Equipment"), or as Owner may otherwise approve. Any personal property owned by Operator, whether or not fixed or attached to the Premises or Tower,shall remain the property of Operator prior to termination of this Agreement without regard to whether it appears on Exhibit"C". 2. Use. Operator shall use the Equipment and the Premises for the purpose of constructing, installing,maintaining, improving and operating, at Operator's expense,a communications facility, including antennae,buildings and incidental uses. Operator shall only use Tower space with antenna center line (rad center) of 300' feet AGL. Operator shall be solely responsible for securing any and all building permits and approvals,zoning changes or approvals,variances,use permits,and other governmental permits from applicable governmental authorities, including any Federal Aviation Administration approval (collectively, "Permits") prior to any construction on the Premises. Owner agrees to reasonably cooperate with Operator in obtaining the Permits, and copies of the Permits shall be provided to Owner upon request. Operator shall promptly pay all costs and expenses and shall not cause or permit any lien to be created against the Premises. 3. Term. The term of this Agreement shall commence on mar 1, 20/A.. ("Commencement Date")and terminating at midnight ten(10)years from this date("Initial Term"). 4. Renewal Term(s). Operator shall have the right to extend this Agreement for six (6)additional terms of five(5) years each("Renewal Term(s)")on the same terms and conditions as set forth in this Agreement except that the Rent shall be as specified in Paragraph 5 below. This Agreement shall automatically be renewed for each successive Renewal Term unless Operator notifies Owner of Operator's intention not to renew the Agreement at least 30 days prior to expiration of the then current term. Notwithstanding the foregoing,if Owner's rights in the Premises are derived from a prime lease,license,or other similar agreement with a third party and such agreement has a shorter term or extension term than those provided for under this Section 4 then Operator's right to extend any particular Initial Term or Renewal Term shall only be for as long as Owner has a right to extend its interest in the same applicable premises, as the same may be extended. The termination date of the current term of any applicable underlying prime lease or license agreement is October 31,2016 and the expiration of the last renewal term(s)to extend the term is October 31,2046. 5. )tent. (a) Initial Term. Beginning on the Commencement Date, Operator shall pay to Owner as rental the sum of One Thousand Eight Hundred and 00/100 Dollars (S1800.00) per month (Rent) which shall include Operator's right to use and occupy the ground space surrounding Owner's Tower. Rent payments shall be made monthly in advance to the Owner's notice address as specified below and shall be prorated for any partial month at the commencement or termination of this Agreement, based on the number of days in that month. Rent shall increase annually on the anniversary of the Commencement Date by an amount equal to three percent(3%)over the prior year's Rent. (b) Renewal Term. In the event that Operator elects to renew this Agreement as provided in paragraph 4,Rent shall increase annually on the anniversary of the Commencement Date by an amount equal to three percent (3%) over the prior year's Rent.