Fill and Sign the Lease Water Agreement Form

STATE OF _______________ COUNTY OF _____________ LEASE FOR WATER TOWER SPACE BE IT KNOWN AND REMEMBERED that effective this ____ day of ____________, 20__, the following contract of lease is hereby entered by and between the following parties: LESSOR : (hereinafter referred to as "Lessor") and LESSEE : (hereinafter referred to as "Lessee") W I T N E S S E T H : 1. LEASED PROPERTY . Lessor does hereby lease and permit Lessee to enter upon, use and occupy for the sole purpose and on the conditions herein set forth, a certain portion of a water tower located in _______________________________ as described on Exhibit “A” together with an easement for ingress, egress and utilities, as more fully described on Exhibit “B”. The water tower, land and/or facilities to be used by the Lessee are referred to as the "Leased Premises" and is shown on a survey/site drawings attached hereto in globo as Exhibit “C”. The attachment of Lessee’s antenna to Lessor’s water tower is shown on the drawings attached hereto as Exhibit “D”. 2. TERM . The primary term of this agreement shall be for five (5) years commencing on the effective date hereof and remaining in effect until cancelled or terminated as provided herein. OPTIONS TO RENEW . Lessee shall have the option to renew and extend the primary term of this Lease for five (5) consecutive periods of five (5) years each. Each such option period shall be deemed exercised by the Lessee unless the Lessee notifies the Lessor in writing not less than ninety (90) days prior to the expiration of the term then in effect, or the expiration of a renewal or extension period thereof then in effect, that Lessee does not wish to exercise this option. 3. RENT . Lessee shall pay rental under this Lease annually in advance commencing on the inception date of this Lease, as follows: Primary $_____________ 1st 5 - year Option $_____________ 2nd 5 - year Option $_____________ 3rd 5 - year Option $_____________ 4th 5-year Option $_____________ 5th 5-year Option $_____________ - 1 - 4. LAWS AND REGULATIONS . Lessee agrees to comply with any and all ordinances, regulations, and laws pertaining to the operation of its business on the Leased Premises. Lessee further covenants and agrees to keep all improvements situated on the Leased Premises and facilities in compliance with all rules and regulations of the Federal Communications Commission ("FCC") and the Federal Aviation Administration ("FAA") as well as their successor organizations. Should the FCC or the FAA terminate Lessee's right to operate its facilities, then Lessee shall have the option to cancel this Lease after giving reasonable notice to Lessor with no further obligation to make any further annual lease payments to Lessor. Lessee further agrees that it will not use the Leased Premises for storage or placement of any dangerous or hazardous substances or any substances or property which would create a hazard or nuisance to the surrounding area. Lessee agrees that it will maintain its cellular telephone facilities at its expense and in compliance with all federal and local rules and regulations including, but not limited to, those of the FCC and the FAA, and their successors, and in the event that Lessor fails to do so and fails to correct any deficiencies, then Lessor shall have the option to terminate this Lease. 5. USE OF THE PREMISES . Lessee, its employees or agents, shall have the non-exclusive right to use the Leased Premises only for the purpose expressed herein and shall not have the right to permit others, either directly or indirectly to use the Leased Premises for any other purpose without having obtained the prior written consent of Lessor. Lessor reserves the right to continue to use the Leased Premises as long as such right does not interfere with the specific rights granted Lessee herein. Lessee agrees that it will conduct its uses in such a manner so as not to materially interfere with the operations of Lessor. Lessee shall use the Leased Premises only for a site for Lessee's cellular telephone facilities, a building used in connection therewith, together with all other necessary related equipment and such other uses related to the cellular radio antennae which the Lessee intends to locate on the water tower at the Leased Premises. Lessee’s improvements are shown on Exhibit “C”. Lessee, at all times during this Lease, shall have access to its building and on ground improvements. Such access shall be subject to such reasonable rules and regulations of Lessor regarding access as Lessor may from time to time deem necessary to provide for the security of Lessor’s facilities. Neither Lessee nor its contractors shall be permitted to climb Lessor’s water tower for purposes of attaching antenna or any maintenance work without Lessor’s prior specific approval. Lessee shall _____________ _______________________ to obtain permission to climb Lessor’s water tower. All of Lessee’s improvements and the method and manner of attachment of its antenna to the water tower must be approved by Lessor’s _________________ prior to such work beginning. Lessee understands that the Premises are rented without any utilities including, but not limited to, water, gas, electricity, sewage, drainage and telephone services; however, Lessee may install such utilities as it desires at its sole expense. Lessor shall provide any necessary utility servitude at no cost. Lessee shall be responsible for removing and/or protecting all of its facilities, whether they be internal or external in nature, when the Lessor conducts any water tower painting, maintenance, repair or construction. - 2 - 6. LIGHTING . Lessee shall use lighting on its facilities which is approved by the Federal Aviation Administration and as may be changed and approved by the Federal Aviation Administration from time to time during the Lease. Lessee further agrees to insure that the cellular telephone facilities aviation obstruction marking and lighting equipment, if required, complies with the obstruction lighting and marking requirements designated by the FCC on Lessee's radio license, and that compliance with such requirement shall be in the manner prescribed by the FCC rules and policies. 7. INTERFERENCE . Lessee’s cellular antenna installation shall be designed, installed and operated so as not to disrupt any emergency services transmission. If, in the opinion of Lessor, the operation of Lessee's antenna, transmitter or related equipment causes objectionable electrical or radiation interference to the operation or performance of any emergency services transmissions, Lessor shall give Lessee written notice thereof specifying the nature and extent of any such interference. Lessee shall immediately take the necessary steps to correct such interference, including the purchase and installation at Lessee's expense of additional equipment such as filters, isolation traps, etc. Lessee must be given at least ten (10) days notice and opportunity to correct the interference. After receiving notification Lessee agrees not to cause any interference with facilities which are in place at the time of the commencement of the Lease. Lessee will not be required to avoid any interference with any installations made by Lessor after commencement of the Lease. If Lessee is unable to cure all interference problems, then Lessee’s obligation to pay future annual rental payments shall cease and this Lease shall be terminated. 8. SPECIAL PROVISIONS . Lessee shall provide to Lessor: (1) Completed copy of FAA Form 7460 or study number, if applicable. (2) Copies of current cellular FCC licenses on the site. (3) Any other documents necessary as needed by Lessor for verification of Lessee's authority to operate at the Leased Premises. 9. TAXES . Lessee agrees to pay all taxes due and payable on the installation and/or placement of improvements on the Leased Premises. Lessor shall continue to pay all taxes on its water tower and land, if required by law. 10. LIENS . Lessee shall keep all of the Leased Premises and every part thereof and all improvements at any time located thereon free and clear of any and all mechanics' and materialmen's liens for or arising out of or in connection with work or labor done on the Leased Premises. Lessee shall at all times promptly and fully to pay and dis charge any and all claims for labor or materials on which any such lien may or could be based, and to indemnify Lessor and all of the Leased Premises and all improvements thereon against all such liens and claims of liens, suits or other proceedings. If Lessee desires to contest any such lien it shall notify Lessor of its intention to do so within thirty (30) days after the filing of such lien. In such case, and provided that Lessee shall on demand protect Lessor by a good and sufficient surety bond (or other evidence of financial responsibility acceptable to Lessor) against any such lien and any cost, liability, or damage arising out of such contest, Lessee shall not be in default hereunder until twenty (20) days after the final determination of the validity thereof, within which time Lessee shall satisfy and discharge such lien to the extent held valid; but the satisfaction and discharge of any such lien shall not, in any case, be delayed until execution is had on any judgment rendered thereon, and such delay shall be a default of Lessee hereunder. In the event of any such contest, Lessee shall protect and indemnify Lessor against all loss, expense, and damage resulting therefrom. 11. DEFAULT . In the event that Lessee (a) defaults in payment of any rental due hereunder; or (b) fails to keep or perform any other covenants herein contained; Lessee shall have a period of thirty (30) days following receipt of written notice from Lessor of the nature of such default within which to correct such default. If Lessee fails to take steps to correct such default within said thirty (30) day period, Lessor shall have the right at its option to (a) cancel this Lease in accordance with law, or (b) proceed one or more times for past due installments or rental without prejudicing its rights to proceed later for remaining installments or (c) have recourse to any other remedy to which Lessor may be entitled by law. - 3 - 12. PARTIES . This Lease and all its provisions hereof shall be applicable to and binding upon the parties, their respective successors and assigns. 13. INDEMNIFICATION AND HOLD HARMLESS . Lessee hereby expressly assumes full responsibility for all loss, damage, injury and death to person and property on the Leased Premises during the term of this Lease caused or contributed by Lessee, its agents, employees, contractors, successors, or assigns and agrees and covenants to hold Lessor, its agents, employees, contractors, successors and assigns harmless from any such claim or claims arising on the Leased Premises caused or contributed by Lessee, its agents, employees, contractors, successors and assigns. In addition, Lessee agrees to indemnify Lessor, its agents, employees, contractors, successors and assigns for any and all liability, loss or damage Lessor, its agents, employees, contractors, successors and assigns may suffer as a result of claims, demands, costs or judgments arising out of Lessee's operations hereunder. Such indemnification shall include the reimbursement to Lessor, its agents, employees, contractors, successors and assigns for attorney's fees incurred by Lessor, its agents, employees, contractors, successors and assigns in connection with the defense of any action covered by this indemnification. 14. DAMAGE OR DESTRUCTION CAUSED BY THIRD PARTIES . Lessor shall not be liable to Lessee for damages arising from interference, discontinuance or interruption of Lessee's operations on the Leased Premises under this Lease which are due to acts of God or circumstances beyond Lessor's control or the acts of other Lessees who have entered into a written lease with Lessor prior to this Lease. "Circumstances beyond its control" shall include but shall not be limited to interference whether electrical, radiation or physical. 15. REMOVAL OF IMPROVEMENTS . Upon termination of this Lease, whether by expiration, cancellation, forfeiture or otherwise, Lessee shall remove from the Leased Premises all improvements installed, placed or erected on the Leased Premises by Lessee, restoring the Leased Premises to its original condition. Lessee shall have thirty (30) days after termination of this Lease within which to dismantle and remove the improvements. If Lessee is prevented from removing the improvements during that time because of the weather, public disorder or natural disaster, Lessor shall grant such additional time as shall be reasonable under the circumstances. After the aforementioned period all improvements not removed by Lessee shall become the property of Lessor. Cost of removal of improvements shall be borne by Lessee. 16. WAIVER . No waiver by Lessor or failure by it to require strict and punctual performance by Lessee of any of the terms, conditions, provisions or obligations of the Lease, or any other forbearance, sufferance, or indulgence, however long continued or under whatsoever conditions, shall constitute a waiver by Lessor of the right at any subsequent time to strict, full and punctual performance of Lessee's obligations hereunder. 17. INSURANCE . The Lessee shall, at its cost and expense, take out and maintain during the term of this Lease, not less than the following insurance coverage: Comprehensive General Liability Insurance against claims for bodily injury, including personal injury and accidental death; as well as from claims for injury or destruction of property. The policy shall be written to include the Lessor as an additional named insured. Not less than the following limit shall be provided: bodily injury liability, including death at $1,000,000.00 each occurrence; property damage liability $1,000,000.00 each occurrence, $1,000,000.00 each accident. The policy shall be written by a reputable company approved by Lessor and shall provide a thirty (30) day written notice of cancellation or change in coverage to Lessor. All policies shall include a waiver of subrogation against Lessor and include coverage for contractual liability to specifically include the hold harmless and indemnification provisions under Paragraph 13 of this Lease. Lessee shall furnish certificates of insurance or other evidence satisfactory to Lessor of compliance by Lessee with the provisions hereof at the execution of this Lease. The insurance coverage limits set out above shall be subject to increase prior to the beginning of each five year period of this lease provided that Lessor has requested such increase by notice to Lessee at least thirty (30) days prior to such date. Upon such request the parties shall attempt to agree for such five year period on reasonable and adequate limits for the nature of the risk. - 4 - 18. SEVERABILITY . Each Paragraph of this Lease Agreement is severable from all other Paragraphs. In the event any court of competent jurisdiction determines that any Paragraph or subparagraph is invalid or unenforceable for any reason, all remaining Paragraphs will remain in full force and effect. 19. INTERPRETATION . This Lease shall be interpreted according to and enforced under the laws of the State of _______________. 20. ENTIRE AGREEMENT . This Lease Agreement contains the entire Agreement of both parties hereto, and no other oral or prior written agreement shall be binding on the parties hereto. This Lease supersedes all prior agreements, contracts and misunderstandings of any kind between the parties relating to the subject matter hereof. 21. ATTORNEY'S FEES . In the event that it becomes necessary for one party to enforce any provisions of this Lease by legal action, the unsuccessful party agrees to pay all costs and expenses incurred by the successful party, including reasonable attorney fees and other expenses. 22. INTEREST ON ARREARS . Lessee shall pay to Lessor on demand interest at the rate of 10% per annum on the amount of any payment not made when due hereunder from the date due here of until payment is received by Lessor. 23. NOTICES . All demands, notices and other communications hereunder shall be in writing and shall be deemed to have been duly given when personally delivered or when deposited in the United States mail, certified mail, postage prepaid, addressed as follows: LESSOR : Attention: LESSEE : Attention: In Testimony Whereof, Lessor has executed this act in ________________, ________________ in the presence of the undersigned Notary Public and attesting witnesses on this ___ day of _____________, 20__. WITNESSES: LESSOR: ______________________ ______________________ By:________________________________ Its:________________________________ WITNESSES: LESSEE: ______________________ ______________________ By:________________________________ Its:________________________________ - 5 - NOTE: ADD ACKNOWLEDGMENT FOR YOUR STATE. - 6 -