I. Design and Engineering. LESSEE shall commission and arrange for the design,
engineering, construction, and installation of the Tower, by its approved vendors. The Tower shall be
designed and engineered to support both LESSEE’s equipment and LESSOR’s lighting fixture, based on
TIA/EIA-222-G, ANSI’s seventh revision for Steel Antenna Towers and Antenna Supporting Structures.
2. Location. The Tower shall be erected on that area of the Property described or depicted
on Exhibit A attached to this Agreement.
3. Approvals. LESSEE shall assist LESSOR with applicable federal antenna structure
registration requirements. The Parties agree that they shall cooperate reasonably together to apply for
and obtain building permits for the project. Moreover, they agree that there shall be two separate
applications and building permits: (i) the first shall be for the Tower and surrounding compound,
including landline telephone, power, and fiber utilities to, and the security fence surrounding, the Tower
compound; and (ii) the second shall be for LESSEE’s ground-based equipment and LESSEE’s antennas
on the Tower.
4, Selection and Use of Third Party Contractors. LESSEE’s construction manager shall
coordinate activities related to the design, engineering, installation, and construction of the Tower. Since
LESSOR is the owner of the Property and will be the owner of the Tower, LESSEE will, to the greatest
extent practicable, arrange for all third-party work product — including engineering drawings, plans,
specifications, warranties, and the like — to run directly in favor of LESSOR.
5. Diligence Required: Timeframe. The Construction Phase shall be considered completed
upon the Commencement Date of the Lease Term (defined below in the Operational Phase section of this
Agreement.) During the Construction Phase, LESSEE shall diligently undertake and pursue the tasks
assigned to it with regard to the design, engineering, construction, and installation of the Tower so that
the Tower is completed and ready for installation of lighting fixtures and communications equipment and
related appurtenances as expeditiously as possible.
6. Ownership. At all times and for all purposes the Tower, and all related materials -
including, but not limited to, surveys, plans, engineering specifications, drawings, warranties, and the
like - shall be the property of LESSOR and not of LESSEE. LESSEE shall prepare and deliver to
LESSOR any and all documents of transfer, title, or the like, as may be required or convenient to
document and evidence the forgoing. The obligations of this Section shall survive termination of the
Lease.
7, Transfer of Lighting Fixture and Removal of Existing Tower. Following construction of
the Tower, LESSEE shall arrange for the instatlation of LESSOR’s lighting fixture equipment on the
Tower. Upon LESSOR’s satisfaction with the installation and operation of its lighting equipment on the
Tower and at the direction of LESSOR, LESSEE shail decommission and remove the existing light pole.
8. Transition to Operational Phase. As soon as practicable after completion of the Tower, the
compound surrounding the Tower, including the availability of utilities within the compound, and the
installation of LESSOR’s lighting fixture on the Tower and removal of existing tower, LESSEE shall
submit is application for a building permit for its ground-based equipment and antennas. The date of the
issuance of the building permit to LESSEE for its ground-based equipment and antennas shall trigger the
Commencement Date of the Lease (by the mechanism described in Section 3 below), and the
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