SR 05:246 - Laserfiche WebLink

COMMUNICATIONS SITE LEASE AGREEMENT THIS COMMUNICATIONS SITE LEASE AGREEMENT <<.Lease Agreement") dated as ot" ,2005, is made by and benveen Ether Web Nenvork, LLC, a Calit"ornia Limited Liability Company, d/b/a Ether Web Nenvork <<.Lessee") and The City ot" Pleasanton, a municipality ("Lessor"). RECITALS This Lease Agreement is entered into based upon the follo"Wing facts, circumstances and understandings: A. Lessor o"Wns certain real property legally described in Exhibit "A" attached hereto and commonly k:nO"Wll as Tank 900. Santos Ranch Road. Pleasanton. Califomia; Assessor's Parcel Number 941 210000208 ("Lessor's Real Property"). Lessee desires to lease a portion of Lessor's Real Property "With any necessary easements over other portions of Lessor's Real Property and/or shared use of Lessor's easements over other real property necessary for Lessee's access and utilities to the leased area (altogether the "Premises"), as described on Exhibit "B" attached hereto. Lessor represents and "Warrants that it has full rights of ingress to and egress from the Premises from a public road"Way. B. Lessee is a "Wireless communications company that desires to construct and operate a "Wireless communications site at the Premises as part of its "Wireless communications net"Work. C. Lessor is "Willing to lease the Premises to Lessee for Lessee's proposed use subject to the terms and conditions of this Lease Agreement. NOW, THEREFORE" the parties hereto agree as t"ollo~s: 1. Grant ot" Lease. Lessor hereby leases to Lessee the Premises for Lessee's proposed use, subject to the follo"Wing terms and conditions. 2. Permitted Uses. The Premises may be used by Lessee for the operation of a "Wireless communications site, for providing non-WiFi point to point and point to multi-point "Wireless Intemet services. Under this Lease Agreement, Lessee may install, place, use and operate on the Premises such antennas, radio transmitting and receiving equipment, conduits, "Wires, batteries, back-up generators (if applicable), supporting structures, and related equipment (collectively "Lessee's Facilities") as Lessee deems necessary for the operation of its "Wireless communications site at the Premises; provided, ho"Wever, that Lessee's Facilities shall not conflict "With Lessor's use of Lessor's Real Property nor any other's use of Lessor's Real Property as such use exists as of the date of this Lease Agreement and provided further, that Lessor shall approve, "Which approval shall not unreasonably be "Withheld, Lessee's Facilities before they are installed, placed, used or operated Further, and subject to the provisos in the prior sentence, Lessee may perform construction, maintenance, repairs, and replacement of Lessee's Facilities as necessary and appropriate for its ongoing business and has the right to do all "Work necessary to prepare, modifY and maintain the Premises to accommodate Lessee's Facilities and as required for Lessee's communications operations at the Premises. Communications Site Lease Agreement Page 1 of 10