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Agmt17 Sprint Spectrum L.P.
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Agmt17 Sprint Spectrum L.P.
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Last modified
7/28/2017 9:26:11 AM
Creation date
7/24/2017 8:03:27 AM
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Agreement
Contractor Name
Sprint Spectrum L.P. (formerly Nextel of CA, Inc see agmt 2006)
PROJECT NAME
Wireless Communications Site License at APN 068-173-300
RMP File Number
304
Date
7/19/2017
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1.8 Licensee's right to use the Premises is conditioned on obtaining and maintaining <br />all federal, state and local permits, certificates, licenses and approvals from all applicable <br />governmental or regulatory entities ("Governmental Approvals"). The Parties acknowledge that <br />Licensor, in executing this License, is acting only in its capacity as the owner of the Property and <br />not in any governmental capacity. Licensee shall not consider this License as a Governmental <br />Approval required for the construction or operation of a wireless communications facility. <br />2. TERM. <br />2.1 The initial term of this License shall be five (5) years (the "Initial Term"), <br />commencing on December 14, 2016 ("Commencement Date"). <br />2.2 Provided that Licensee is not then in default beyond any applicable notice and cure <br />period of this License, this License shall automatically renew for two (2) additional, five-year <br />terms (each being a "Renewal Term"), unless Licensee notifies Licensor in writing of its intention <br />not to renew this License at least ninety (90) days prior to the expiration of the Initial Term or any <br />Renewal Term. Licensee's license of the Premises during each Renewal Term shall be on the same <br />terms and conditions as set forth herein except that the amount of License Fee shall be as provided <br />in Section 3 below. The Initial Term and any Renewal Terns exercised are herein collectively <br />referred to as the "Term". <br />2.3 If Licensee shall remain in possession of the Premises after termination of this <br />License or at the expiration of the Term of this License without a written agreement, such <br />possession shall be deemed a holdover use under the same terms and conditions of this License, <br />except that the License Fee shall be 150% of the License Fee in effect at the expiration or <br />termination of this License. Nothing contained herein shall grant Licensee the right to holdover <br />after the Term of this License has expired and notwithstanding the payment of the License Fee <br />during the holdover period, Licensor shall have the right to require Licensee to vacate the Premises <br />at any time after the expiration of the Term upon thirty (30) days written notice. <br />3. LICENSE FEES. <br />3.1 For the first (I") year of the Initial Term, Licensee shall pay Licensor the sum of <br />Thirty -Six Thousand and 00/100 Dollars ($36,000.00) ("License Fee"), which annual License Fee <br />shall be paid in advance and in full at the beginning of each year. The License Fee shall increase <br />annually during the Initial Term and any Renewal Term, effective as of each anniversary of the <br />Commencement Date, by an amount of three percent (3%) over the annual License Fee paid during <br />the previous year. If this License is terminated prior to the completion of any year of the Initial <br />Term or any Renewal Term, Licensor will not return any prepaid portion of the License Fee for <br />that year, provided, however, that if Licensor terminates this License pursuant to Section 9.2 <br />below, or if this License is terminated by Licensee due to an uncured default by Licensor, then any <br />prepaid License Fee shall be apportioned as of the termination date and reimbursed to Licensee. <br />3.2 The License Fee shall be payable without offset or deduction at Licensor's address <br />specified below or to any other person or firm as Licensor may, from time to time, designate in <br />writing at least sixty (60) days in advance of any License Fee payment due date. If, at any time, <br />Licensee fails to make payment within five (5) business days following receipt of written notice <br />'lugg ,n Page 3 of 35 <br />W % ATTY/AGR/2017.039/SPRINT LEASE AGREEMENT <br />REV: 05-12-17 JS <br />Yv <br />
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