Finance Committee

SITE NAME: Nashua 8 NH
SITE NUMBER: 450292
ATTY/DATE: McLane/February-28August 4, 20492021

COMMUNICATIONS TOWER LEASE AGREEMENT

Exhibit “A”

(Sketch of Premises within Property and location of the Tower}

113630\14292709

IN WITNESS WHEREOF, the Parties hereto have signed below on the dates indicated, to be
effective as set forth in the opening paragraph of this Agreement.

LESSOR: CITY OF NASHUA

By: ; ;

Name:

Title: ;

Dated: _ _ a

LESSEE: CELLCO PARTNERSHIP d/b/a Verizon Wireless

By:
Name: - a
Title:

Dated:

The following Exhibits are attached hereto and incorporated by reference:

“A” Lease Exhibit showing Premises within Property and location of the Tower
“B” ~~ Survey (LESSEE’s option)
“C” ~~ LESSOR’s W-9

enter into and execute this Agreement on such Party’s behalf and that no consent from any other person
or entity is necessary as a condition precedent to the legal effect of this Agreement.

environmental or industrial hygiene conditions arising out of or in any way related to the condition of the
Property or activities conducted thereon, unless such environmental conditions are caused by LESSEE.
Nothing herein shall, nor is intended to, waive any defense, immunity or imitation of liability which may
be available to the Town or their respective officers, agents and employees, under the Maine Tort Claims
Act or any other privileges and/or immunities provided by law.

the cure to completion. LESSEE may not maintain any action or effect any remedies for default against
LESSOR unless and until LESSOR has failed to cure the breach within the time periods provided in this
Paragraph. Notwithstanding the foregoing to the contrary, it shall be a default under this Agreement if
LESSOR fails, within five (5} business days after receipt of written notice of such breach, to perform an
obligation required to be performed by LESSOR if the failure to perform such an obligation interferes

LESSEE being required to subordinate its interest in this Agreement to any future Mortgage covering the
Property, LESSOR shall obtain for LESSEE’s benefit a non-disturbance and attornment agreement for
LESSEE’s benefit in the form reasonably satisfactory to LESSEE, and containing the terms described
below (the “Non-Disturbance Agreement”), and shall recognize LESSEE’s right to remain in occupancy
of and have access to the Premises as long as LESSEE is not in default of this Agreement beyond

at any time and take such action as may be lawful! and authorized under this Agreement, in law or in
equity.

expiration or earlier removal period set forth in Paragraph 16 shall equal to 150% of the rent applicable
during the month immediately preceding such expiration or earlier termination.

14. TOWER COMPLIANCE. LESSOR covenants that it will keep the Tower in good repair
as required by all Laws (as defined in Paragraph 35 below). The LESSOR shall also comply with all
rules and regulations enforced by the Federal Communications Commission with regard to the lighting,
marking, and painting of towers. If the LESSOR fails to make such repairs, including maintenance, the
LESSEE may make the repairs at its sole cost and expense.