Agenda - 09-05-2013 - 6b - Laserfiche WebLink

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10 Site Name: Phelps NC Site Number: 280138 (a) American Tower will have the right, at American Tower's sole cost and expense, to erect the Tower Facilities which will be the exclusive property of American Tower throughout the Term as well as upon the expiration or termination of this Agreement. (b) Landlord grants American Tower an non - exclusive easement in, over, across and through the Property and other real property owned by Landlord contiguous to the Site as may be reasonably required for construction, installation, maintenance, and operation of the Tower Facilities including: (1) access to the Site for construction machinery and equipment, (ii) storage of construction materials and equipment during construction of the Tower Facilities, and (iii) use of a staging area for construction, installation and removal of equipment. (c) American Tower may, at its sole expense, use any and all appropriate means of restricting access to the Compound or the Tower Facilities, including, without limitation, construction of a fence and may install and maintain identifying signs or other signs required by any governmental authority on or about the Site, including any access road to the Site. Upon execution of American Tower's Site License Agreement and installation of emergency communications equipment on the Tower or Tower Facilities, Landlord shall have full access to the Compound, Tower, and Tower Facilities as needed in order to operate and maintain the emergency communications equipment. (d) American Tower will maintain the Compound, including the Tower Facilities, in a reasonable condition throughout the Term. American Tower is not responsible for reasonable wear and tear or damage from casualty and condemnation. Landlord grants American Tower the right to clear all trees, undergrowth, or other obstructions and to trim, cut, and keep trimmed all tree limbs which may interfere with or fall upon the Tower Facilities or the Site. (e) American Tower will remove all of the above - ground portions of the Tower Facilities within 180 days following the expiration or termination of this Agreement. (f) If the Tower is a guyed tower, Landlord may grant American Tower an easement in, over, across and through the Property or any other real property owned by Landlord as may be necessary to American Tower during the Term of this Agreement for the installation, maintenance, alteration, removal, relocation and replacement of and access to guy wires and guy wire anchors which may be required by American Tower at its sole discretion and located outside of the Site. If the Tower is a guyed tower such guyed tower may not be constructed, and guy wires may not be installed, in such a way as to interfere with the use of any adjacent or contiguous properties. Should an easement on adjacent or contiguous property owned by Landlord be granted for the installation, maintenance, alteration, removal, relocation, and replacement of and access to guy wires and guy wire anchors such easement shall not interfere with the use of the adjacent or contiguous properties. Landlord shall not be required to modify existing policies, rules, or regulations related to the use of property to accommodate a guyed tower or any associated guy wires or guy wire anchors. 7. Utilities. (a) American Tower will have the right to install utilities, at American Tower's expense, and to improve present utilities on the Property and the Site. American Tower will have the right to permanently place utilities on (or to bring utilities across or under) the Site to service the Compound and the Tower Facilities. (b) If utilities necessary to serve the equipment of American Tower or the equipment of any Collocator cannot be located within the Site, Landlord agrees to allow the installation of utilities on the Property without requiring additional compensation from American Tower or any Collocator. Landlord {SK011162.DOCX2 }S