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2011-204 State of North Carolina for communications tower lease agreement
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2011-204 State of North Carolina for communications tower lease agreement
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2/15/2012 2:40:20 PM
Creation date
1/23/2019 11:59:18 AM
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BOCC
Date
6/21/2011
Meeting Type
Regular Meeting
Document Type
Agenda
Agenda Item
5bb
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2s~ Term. The term of this Lease shall be for a period of five (5) years, commencing on the <br />1 day of February, 2011 and terminating on the 31 S` 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 fiom 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 LTNC-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 conhol 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, tivithout 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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