Orange County NC Website
Browse       Search
Site Name : Phelps NC <br /> Site Number : 280138 <br /> terminates , American Tower ' s obligation to pay the Collocation Fee for such sublease or license shall <br /> terminate effective upon the date of such expiration or termination . Notwithstanding anything contained <br /> herein , no Collocation Fee shall be due for any sublease or transfer if such sublease or transfer does not <br /> result in additional equipment on the Tower . <br /> (h ) American Tower has the sole and absolute right to enter into , renew , extend , terminate , <br /> amend , modify reduced rent, or allow the early termination of any future or existing subleases , licenses or <br /> collocation agreements for occupancy on the Tower, all on such terms as American Tower <br /> deems advisable , notwithstanding that such decisions may affect the amounts payable to the Landlord <br /> pursuant to Paragraph 4 hereof. Nothing contained in this Lease Agreement shall be deemed or construed <br /> as creating a joint venture , partnership , agency , employment or fiduciary relationship between the parties . <br /> 5 . Use . <br /> ( a) American Tower will be permitted to use the Site for the purpose of constructing , <br /> maintaining , removing , replacing, securing and operating a communications facility , including , but not <br /> limited to , the construction or installation and maintenance of a telecommunications tower (the " Tower") , <br /> structural tower base( s ) , guy anchors , guy wires , communications equipment , one or more buildings or <br /> equipment cabinets , radio transmitting and receiving antennas , personal property and related <br /> improvements and facilities on the Compound (collectively , the " Tower Facilities" ) , to facilitate the use <br /> of the Site as a site for the transmission and receipt of communication signals including , but not limited <br /> to , voice , data and internet transmissions and for any other uses which are incidental to the transmission <br /> and receipt of communication signals (the "Intended Use" ) . <br /> (b ) American Tower, at its sole discretion , will have the right, without prior notice or the <br /> consent of Landlord, to license or sublease all or a portion of the Site or the Tower Facilities to other <br /> parties (each , a " Collocator" and collectively , the " Collocators") . The first Collocator to enter into a <br /> sublease, license or collocation agreement with American Tower may sometimes be referred to herein as <br /> the " Anchor Tenant" and the Collocators which enter into a sublease , license or collocation agreement on <br /> a date subsequent to the date of the Anchor Tenant ' s agreement may occasionally be referred to herein as <br /> an " Additional Collocator" . The Collocators will be entitled to modify the Tower Facilities and to erect <br /> additional improvements on the Compound including but not limited to antennas , dishes , cabling , <br /> additional buildings or shelters ancillary to the Intended Use . The Collocators will be entitled to all rights <br /> of ingress and egress to the Site and the right to install utilities on the Site that American Tower has under <br /> this Agreement <br /> ( c ) Notwithstanding paragraph 5 (b ) American Tower shall reserve sufficient space on the <br /> Tower and Tower Facilities to allow for the installation of emergency communications equipment at a <br /> minimum height of one hundred seventy ( 170 ) feet ( dimensions of vertical installation space to be <br /> verified and approved by Landlord ' s consultant) for use by Orange County Emergency Services and Fire <br /> Departments . Such emergency communications equipment shall be installed at Landlord ' s sole cost and <br /> expense . Upon execution of American Tower ' s Site License Agreement, Landlord shall have the rights <br /> and privileges of a Collocator , as detailed in that agreement . Landlord shall not be subject to Collocator <br /> fees as described in American Tower ' s Site License Agreement . <br /> ( d ) American Tower shall comply with existing administrative procedures and permitting <br /> requirements of Orange County related to site preparation and study and the erection of a <br /> telecommunication facility on the Property both during the Option Period and Term . <br /> 6 . Tower Facilities . <br /> { SK011162 . DOCX 2 } 4 <br />