Commencement Date shall mark both the end of the Construction Phase and the beginning of the
Operational Phase, at which time the following provisions shall apply:
9. Role of City. This Agreement binds Lessor only in its capacity as Owner of the
Property. Nothing herein shail be construed to oblige the City of Nashua to grant any land use, building,
or other permits.
B. Operational Phase
l. PREMISES. LESSOR hereby leases to LESSEE a portion of that certain space (the
“Tower Space”) on the LESSOR’s Tower, together with a parcel of land (the “Land Space”) sufficient for
the installation of LESSEE’s ground-based equipment; together with the non-exclusive right (“the Right of
Way’) for ingress and egress, seven (7) days a week, twenty-four (24) hours a day, on foot or motor vehicle,
including trucks, and for the installation and maintenance of utility wires, poles, cables, conduits, and pipes
over, under, or along a twenty foot (20’) wide right-of-way extending from the nearest public right-of-way
to the Land Space; and together with any further rights of way (the “Further Rights of Way”) over and
through the Property between the Land Space and the Tower Space for the installation and maintenance of
utility wires, poles, cables, conduits, and pipes. The Tower Space, Land Space, Right of Way and Further
Rights of Way, if any, are substantially described in Exhibit A, attached hereto and made a part hereof and
are collectively referred to hereinafter as the “Premises”.
In the event any public utility or similar service provider is unable to use the Right of Way or
Further Rights of Way, the LESSOR hereby agrees to grant an additional right-of-way(s) either to the
LESSEE or to the public utility or service provider at no cost to the LESSEE, provided that the location of
an additional right-of-way on the Property is deemed feasible by LESSOR.
LESSOR agrees the LESSEE shall have free access to the Tower at all times for the purpose of
installing and maintaining its equipment. LESSOR shall furnish LESSEE with necessary means of access
for the purpose of ingress and egress to this site and Tower location. It is agreed, however, that only
authorized engineers, employees, or properly authorized contractors of LESSEE or persons under their
direct supervision will be permitted to enter said premises, and that such access will cause no disruption
to City events or facilities.
2. SURVEY. LESSOR also hereby grants to LESSEE the right to survey the Property and the
Premises, and said survey shall then become Exhibit B which shall be attached hereto and made a part
hereof, and shall control in the event of boundary and access discrepancies between it and Exhibit A. Cost
for such work shail be borne by the LESSEE.
3. TERM; RENTAL.
a. This Agreement shall be effective as of the date of execution by both Parties,
provided, however, the initial lease term shall be for five (5) years and shall commence on the
Commencement Date (as hereinafter defined) at which time rental payments shall commence and be due
at a total annual rental of Forty Three Thousand Two Hundred Dollars ($43,200.00), to be paid in equal
monthly installments on the first day of the month, in advance, to LESSOR or to such other person, firm,
or place as LESSOR may, from time to time, designate in writing at least thirty 30) days in advance of
any rental payment date by notice given in accordance with Paragraph 25 below. The lease term shall
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