2003/07/30 Council Agenda Packet

4' 13 Lessor's real property adjoining the Site for the purpose of ingress to and egress from the Site; however, control of any key provided Lessee to said access must be tightly maintained. ii. Lessee shall comply with the requirements of Lessor and Third Party regarding the use of the Tower and the Site as stated in this Lease. Lessee shall submit its construction and installation plans and list of contractors and subcontractors for written approval by Lessor and Third Party prior to any construction or installation work on the Tower and/or the Site. However, Lessor and Third Party's approval shall not constitute a warranty of such plans and/or contractors and subcontractors or the assumption of any liability for such plans and/or contractors and subcontractors by Lessor or Third Party. Any structural enhancements to the Tower or the Site required for Lessee's antennas and related equipment shall be at Lessee's sole risk and expense. At completion, such structural enhancements shall become the property of Lessor and subject to the provisions of this Lease and documentation to that effect shall be provided by Lessee upon the request of Lessor. Lessee shall provide all labor for the installation, maintenance and repair of Lessee's antennas and related equipment on the Site, unless Third Party, in its sole discretion, elects to provide such labor, in which case Lessee shall reimburse Third Party for the reasonable costs of such labor within thirty (30) days of receipt of invoice. As a condition of Lessee's obligation to pay such invoice, Third Party shall furnish Lessee with invoices reasonably acceptable to Lessee that demonstrate the cost of labor. After initial installation of Lessee's antennas and related equipment, Lessee shall not, without prior notice to and approval from Lessor and Third Party, perform or arrange to perform any activities on the Tower or the Site. iii. Lessee agrees to indemnify, defend and hold harmless Lessor and Third Party from and against any and all injury, loss, damage or liability (or any claims in respect of the foregoing), costs or expenses (including reasonable attorneys' fees) arising from Lessee's construction activities, any act or omission of Lessee or its employees, agents or independent contractors, or the breach of this Lease, except to the extent attributable to the negligent or intentional act or omission of Lessor or Third Party, their agents or independent contractors. Lessee shall assume all risks in connection with access to the Site and the installation, operation, maintenance and removal of Lessee's equipment or any structural enhancement, except to the extent that any installation, construction or maintenance work is performed by labor provided by Third Party. iv. With the permission of Lessor and Third Party, Lessee has the right to authorize the use of the aforesaid access by Lessee's contractors, agents, servants, employees and permittees when it is necessary for them or any of them to have access to the Site or the facilities used to furnish utility services to the Site, however, distribution of a key to the Site or access by Lessee shall be made only upon the prior written consent of Lessor. Lessor reserves the right to access the Site for purposes of inspection and operating, maintaining and servicing its property, improvements and equipment. Lessee shall provide Lessor with the names of individuals authorized on behalf of Lessee to access the Site and facilities subject to this Lease. Lessee must provide for separately metered utility services at the Site. Subject to the provisions of this Lease and to obtaining Lessor's approval, and subject to Third Party's written agreement regarding antenna placement, any work by Lessee on the Site and all required permits, Lessee can: 3 Page 2 of 30