Legal Cell Site Application

LEGAL CELL SITE APPLICATION

This Legal Cell Site Application (the "Application") is made and entered into as of by and between Applicant Name: whose principal place of business is Applicant Address: , and Property Owner Name: whose address for notices is Owner Address: .

RECITALS

WHEREAS, Owner is the legal owner or authorized manager of the real property located at ("Premises"), as further identified by Parcel / APN: ;

WHEREAS, Applicant desires to apply for authorization to install, operate, maintain and, if necessary, remove a wireless communications facility, related equipment, and necessary ancillary improvements at or upon the Premises (the "Facility") in accordance with the terms and conditions set forth herein;

WHEREAS, Owner is willing to consider such Application and to grant access and limited rights on terms set forth in this Application and any subsequent agreement executed by the parties.

NOW, THEREFORE

In consideration of the foregoing recitals and the mutual covenants contained herein, the parties agree as follows:

1. DEFINITIONS

For purposes of this Application, the following terms shall have the meanings set forth below:

"Premises" means the real property and any improvements identified above and further described in the site plan attached or described in Section 2. "Equipment" means antennas, cabinets, cabling, mounting hardware, and other ancillary equipment necessary for operation of the Facility. "Commencement Date" means the date on which substantial construction of the Facility begins, as notified in writing to Owner.

2. APPLICATION DESCRIPTION AND SITE INFORMATION

Tower / Monopole Rooftop Small Cell / Concealed Other:

3. PERMITS, COMPLIANCE AND APPROVALS

Applicant shall be solely responsible for obtaining, at Applicant's expense, all permits, licenses, consents and approvals required by applicable law, other property owners or governmental authorities for the installation, operation and maintenance of the Facility. Applicant shall comply with all applicable codes, ordinances and lawful requirements and shall construct the Facility in a good and workmanlike manner in accordance with industry standards.

Owner shall reasonably cooperate with Applicant's permitting process by providing documentation of ownership and by executing commercially reasonable consent letters, provided that such cooperation shall not require Owner to incur any cost or create any liability to Owner.

4. ACCESS, CONSTRUCTION AND USE

Owner grants Applicant and Applicant's contractors a non-exclusive license to enter the Premises for the purpose of installing, inspecting, operating, maintaining, repairing and replacing the Facility, subject to the terms of this Application and any access rules reasonably imposed by Owner and previously disclosed to Applicant. Access shall be during standard business hours unless otherwise agreed in writing.

5. FEES, RENT AND PAYMENT

All fees shall be payable within thirty (30) days of invoice. Late payments shall bear interest at the lesser of 1.5% per month or the maximum rate permitted by law. Any fees required to be paid prior to construction or during construction shall be stated in a separate schedule attached to any subsequent agreement.

6. TERM, RENEWAL AND TERMINATION

The parties anticipate that any subsequent occupancy agreement will state a definitive initial term. For purposes of this Application, Applicant requests an initial term of years, with options to renew as may be negotiated and set forth in a subsequent agreement.

Either party may terminate this Application prior to execution of a definitive agreement upon written notice to the other party. Termination of any occupancy agreement shall include an obligation by Applicant to remove Equipment within days of termination, failing which Owner may remove the Equipment at Applicant's expense.

7. INSTALLATION, MAINTENANCE AND REMOVAL

Applicant shall perform all installation, maintenance, repair and removal work in a workmanlike manner using qualified contractors and shall promptly restore any disturbed surfaces to a condition comparable to that which existed prior to such work, reasonable wear and tear excepted.

8. INSURANCE AND INDEMNITY

Applicant shall procure and maintain, at Applicant's expense, commercial general liability insurance and property insurance covering the Facility, with limits reasonably satisfactory to Owner. Applicant shall name Owner as an additional insured with respect to liability arising out of Applicant's activities at the Premises. Applicant shall defend, indemnify and hold harmless Owner, its officers, agents and employees from and against any and all claims, losses, liabilities, damages, costs and expenses (including reasonable attorneys' fees) arising out of Applicant's use of the Premises, except to the extent caused by Owner's gross negligence or willful misconduct.

9. REPRESENTATIONS, WARRANTIES AND CERTIFICATIONS

Each party represents and warrants that it has the authority to enter into this Application and that the execution and delivery of this Application and the performance of its obligations will not violate any other agreement or law. Applicant certifies that the information provided in this Application is true, complete and accurate to the best of Applicant's knowledge.

10. ENVIRONMENTAL MATTERS

Applicant shall comply with all environmental laws and regulations applicable to its activities. Applicant shall promptly notify Owner if Applicant discovers any hazardous materials or contamination on the Premises associated with Applicant's activities and shall be responsible for all remediation required as a result of Applicant's installation, operations or maintenance, except to the extent resulting from Owner's prior acts.

11. NOTICES

All notices required or permitted under this Application shall be in writing and shall be delivered by personal service, nationally recognized overnight courier, or certified mail, return receipt requested, to the addresses set forth below or to such other address as a party designates by written notice to the other party.

12. ASSIGNMENT AND SUBCONTRACTING

Applicant may assign its rights or obligations under this Application to an affiliate or successor entity provided that Applicant provides Owner with written notice and the assignee assumes Applicant's obligations in writing. Applicant may subcontract construction and maintenance work provided that Applicant remains responsible for the acts and omissions of its contractors.

13. AMENDMENT; WAIVER

No amendment of this Application shall be effective except in a writing signed by both parties. No waiver of any provision shall be effective unless in writing signed by the waiving party.

14. GOVERNING LAW; VENUE

This Application shall be governed by and construed in accordance with the laws of the state of without regard to choice of law principles. Venue for disputes arising out of this Application shall lie in the appropriate state or federal court located in such state.

15. ENTIRE AGREEMENT; SEVERABILITY

This Application, together with any attachments and exhibits executed by the parties, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiations, representations and understandings. If any provision is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

16. COUNTERPARTS; ELECTRONIC SIGNATURES

This Application may be executed in counterparts and may be delivered by electronic transmission of a signature, each of which shall be deemed an original and all of which together shall constitute one instrument.

ATTACHMENTS

CERTIFICATION

By signing below, Applicant certifies that the information provided in this Application is complete and accurate, that Applicant has the authority to submit this Application, and that Applicant will comply with the terms and conditions set forth herein during the application, construction and operational phases.

Sign Now