Snohomish County PUD 3/30/2022 - Laserfiche WebLink

3. Permitted Uses—Community Solar Project. a. The Lessee may use and occupy the Premises for all reasonable purposes and activities necessary and/or appropriate for the operation of the Community Solar Project at Lessee's sole cost and expense, including but not limited to installing, erecting, operating, maintaining, and repairing the Community Solar Project, so long as such purposes and activities do not interfere with the Lessor's use of the Property ("Permitted Use"). Lessee shall not use or permit the use of the Premises for any other use without the prior written consent of Lessor,which may be withheld at Lessor's sole discretion. The Community Solar Project is generally described on attached and incorporated Exhibit "C." In the event of any conflict or inconsistency between Exhibit "C" and any other part of the Lease, such other part of the Lease governs. Lessee shall keep the Lessor's gates to the Property secure, and Lessee shall not allow the public to access the Property or the Premises through the gates. b. Unless otherwise directed by Lessor,Lessee shall remove,at Lessee's sole cost and expense, the Community Solar Project and any other Lessee-installed Premises improvements within ninety (90) days following the termination of the Lease and shall surrender the Premises to the Lessor in the same or better condition as existed at the Commencement Date of this Lease,less ordinary wear and tear. Lessee shall also so remove within such time any conduit or other improvements on the Property installed by Lessee, if so requested by the Lessor. c. Lessee may access Premises twenty-four (24) hours per day, seven (7) days per week using the Lessor's access roads on the Property depicted on Exhibit B, so long as such access does not interfere with the Lessor's use of the Property. To extent parking is not used by Lessor's employees and contractors, Lessee's employees and contractors may use parking on the Property. Subject to the requirements of Section 6 below, Lessee may construct access road improvements within the Premises to connect existing access roads. The location of such improvements will be determined by Lessor at Lessor's sole discretion. Lessee will be responsible for all costs to maintain such Lessee-constructed access road improvements for the duration of the Lease. d. Subject to the requirements of Section 6, Lessee may install utility or electrical conduits and any other improvements on the Property for the purpose of connection to the Premises. The location of such conduits or improvements will be determined by Lessor at Lessor's sole discretion. If the Lessor determines that such improvements after installation interfere with the Lessor's use of the Property, Lessor shall give written notice thereof to the Lessee, and then Lessee shall then promptly relocate such improvements to a new location as determined by Lessor. 4. Right to Require Removal. The Property contains Lessor's water utility infrastructure, including Reservoir #6 (North and South), the Casino Elevated Tank, and other above ground and underground improvements. In the event that Lessor reasonably determines that some or all or the Lessee's improvements on the Property (including without limitation the Community Solar Project) must be temporarily removed or relocated so that Lessor can operate, maintain,and repair Lessor's utility improvements,and upon ninety(90)days' written notice from Lessor, Lessee shall promptly complete such removal or relocation at no cost to Lessor. In the event of emergency affecting Lessor's water utility infrastructure, Lessor may remove or relocate without any liability whatsoever to Lessee some or all of Lessee's improvements as Lessor Page 2 of 9