2013-557 American Tower Lease Phelps Road

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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 , DOCX 2 } 5