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REV: 03-25-24 LF <br />1.8 Licensee’s right to use the Licensed Area is conditioned on obtaining and <br />maintaining all federal, state and local permits, certificates, licenses and approvals from all <br />applicable governmental or regulatory entities (“Governmental Approvals”). The Parties <br />acknowledge that Licensor, in executing this License, is acting only in its capacity as the owner of <br />the Property and not in any governmental capacity. Licensee shall not consider this License as a <br />Governmental Approval required for the construction or operation of a wireless communications <br />facility. <br />2.TERM. <br />2.1 The initial term of this License shall be five (5) years (the “Initial Term”), <br />commencing on the first day of the month following the date Licensee commences installation of <br />the Licensed Area (the “Commencement Date”). <br />2.2 Provided that Licensee is not then in monetary default beyond any applicable notice <br />and cure period of this License, this License shall automatically renew for four (4) additional, five- <br />year terms (each being a "Renewal Term"), unless Licensee notifies Licensor in writing of its <br />intention not to renew this License at least ninety (90) days prior to the expiration of the Initial <br />Term or any Renewal Term. Licensee's license of the Licensed Area during each Renewal Term <br />shall be on the same terms and conditions as set forth herein except that the amount of License Fee <br />shall be as provided in Section 3 below. The Initial Term and any Renewal Terms exercised are <br />herein collectively referred to as the “Term”. <br />2.3 If Licensee fails to remove the Communications Equipment or otherwise remains <br />in possession of the Licensed Area beyond the period set forth in Section 6.6 below after <br />termination of this License or at the expiration of the Term of this License without a written <br />agreement, such possession shall be deemed a holdover use under the same terms and conditions <br />of this License, except that the License Fee shall be 150% of the License Fee in effect at the <br />expiration or termination of this License. Nothing contained herein shall grant Licensee the right <br />to holdover after the Term of this License has expired and notwithstanding the payment of the <br />License Fee during the holdover period, Licensor shall have the right to require Licensee to vacate <br />the Licensed Area at any time after the expiration of the Term upon thirty (30) days written notice. <br />3.LICENSE FEES. <br />3.1 Commencing on the Commencement Date, Licensee shall pay Licensor the sum of <br />Thirty-Six Thousand and No/100 Dollars ($36,000.00) ("License Fee") per annum, which annual <br />License Fee shall be paid in advance and in full prior to or on the Commencement Date and on <br />each annual anniversary thereof during the Term, including any applicable Renewal Terms; <br />provided, however, City acknowledges that Licensee may not deliver the initial payment of the <br />License Fee until sixty (60) days after the date of full execution of this License. Commencing on <br />the first day of the first Renewal Term, and on the first day of each Renewal Term thereafter during <br />the Term, the License Fee shall increase by an amount of ten percent (10%) over the annual License <br />Fee during the immediately previous license year. If this License is terminated prior to the <br />completion of any year of the Initial Term or any Renewal Term, Licensor will not return any <br />prepaid portion of the License Fee for that year, provided, however, that if Licensor terminates <br />this License pursuant to Section 9.2 below, or if this License is terminated by Licensee due to an <br />ATTY/AGR.2024.027/Verizon Wirelsss (License Agreement) (Page 3 of 46)