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2011-404 Co. Atty - Communications Tower Lease Agreement #204 with State of NC
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2011-404 Co. Atty - Communications Tower Lease Agreement #204 with State of NC
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Last modified
11/21/2016 10:26:55 AM
Creation date
2/28/2012 11:03:29 AM
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BOCC
Date
6/21/2011
Meeting Type
Regular Meeting
Document Type
Agreement
Agenda Item
5bb
Document Relationships
Agenda - 06-21-2011 - 5bb
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\Board of County Commissioners\BOCC Agendas\2010's\2011\Agenda - 06-21-2011
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2. Term. The term of this Lease shall be for a period of five (5) years, commencing on the <br /> I"day of February,2011 and terminating on the 31"day of January, 2016 (the"Term"). <br /> 3. Rent. Lessee shall pay to Lessor as rental for the Premises, the sum of ONE DOLLAR <br /> ($1.00) for the Term. <br /> 4. Use of the Premises. Lessee shall use the Premises for the operation of an emergency <br /> responder communications network and for no other purpose without the prior written consent of <br /> Lessor. Lessee's use of the Premises shall at all times be in compliance with UNC-TV's Tower <br /> Equipment Installation and Maintenance Practices, attached hereto and incorporated herein as <br /> Exhibit A (as may be amended from time to time, "UNC-TV's Installation and Maintenance <br /> Practices"). Lessee shall not use or knowingly permit any part of the Premises to be used for any <br /> unlawful purpose, nor for any purpose or in any manner which is in violation of any present or <br /> future Federal, State or local governmental laws or regulations, or which will constitute a public <br /> or private nuisance, nor for any business, use, or purpose deemed disreputable or extra <br /> hazardous. Lessee agrees that its use of the Premises and the operation of its Communications <br /> Equipment shall be consistent with the quiet use, occupancy and enjoyment of the Tower and the <br /> Site by Lessor. <br /> 5. Communications Equipment. Lessee shall have the right to install on or about the Premises <br /> the equipment listed on Exhibit B attached hereto and incorporated herein by this reference <br /> (collectively,the"Communications Equipment"). <br /> 6. Installation Alteration Maintenance and Repair. The Communications Equipment shall <br /> be installed, operated and maintained at Lessee's sole cost and expense in accordance with the <br /> terms of this Lease and UNC-TV's Installation and Maintenance Practices. During the Term, <br /> Lessee shall have the right to replace, repair, add, alter or otherwise modify its Communications <br /> Equipment; provided that any such repair, addition, alteration or modification receives the prior <br /> written approval of UNC-TV and is consistent with UNC-TV's Installation and Maintenance <br /> Practices. Lessee shall not drill, cut, saw, burn, add to or remove any part of the Tower without <br /> the prior written consent of Lessor. Lessor will maintain the Tower and the Site, excluding the <br /> Communications Equipment, in good condition, reasonable wear and tear, circumstances over <br /> which Lessor has no control or for which Lessee is responsible pursuant to this Lease,excepted. <br /> 7. Fixtures. Lessor hereby acknowledges and agrees that the Communications Equipment is <br /> and shall remain the property of Lessee and shall not be, become or be deemed by Lessor to be <br /> fixtures upon the Tower or the Site. <br /> 8. Condition of Premises. Lessor agrees to deliver the Premises to Lessee in its present <br /> condition. Except as otherwise expressly provided herein, Lessee acknowledges that the <br /> Premises is being delivered "as is," that Lessee has performed preliminary investigations and <br /> reviews and has concluded on its own judgment that the Premises is suitable for the purposes <br /> intended, without any representations or warranties of any kind (including, without limitation, <br /> any express or implied warranties of merchantability or fitness) from Lessor or any agent of <br /> Lessor. Lessees's entry into possession shall constitute conclusive evidence that as of the date <br /> thereof the Premises is in good order and satisfactory condition. <br /> Page 2 of 9 <br />
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