1. Design and Engineering. LESSEE shall commission and arrange for the design,
engineering, construction, and installation 2 the Tower, by its appraved vendors. the Tower shall be
designed and engineered to support;-at-a- ar
\corrers-similerto LESSEE, plus the both LESSEE’s Feehan 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. EESeEr eral! assist Soe with Ee federal antenna structure
ae requiremeye nal z
forgoing; theThe Pi 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. Qwnership. 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 ue ae as may be Feared © or ponvenient to
document and evidence ihe forupin. Aceord any-lesses-of thee erthe-Prer alte
