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MEETING NOTICE
MAIZE CITY COUNCIL
REGULAR MEETING
TIME: 7:00 P.M.
DATE: MONDAY, AUGUST 18, 2014
PLACE: MAIZE CITY HALL
10100 W. GRADY AVENUE
AGENDA
MAYOR CLAIR DONNELLY PRESIDING
Call to Order
Roll Call
Pledge of Allegiance/Moment of Silence
Approval of Agenda
Public Comments
5A) Public Hearing IRB’s Reiloy Westland Corporation
- Consent Agenda
A. Approval of Minutes – Regular Council Meeting of July 21, 2014. B. Receive and file minutes from the Planning Commission meeting of July 17, 2014 C. Receive and file minutes from the Park and Tree Board meeting of July 8, 2014. D. Cash Disbursements from July 1, 2014 thru July 31, 2014 in the amount of $649,786. (Check #58929 thru #59077).
- Old Business
A. AT&T Water Tower Agreement B. Eagle's Nest Phase 2A Revised Paving Petition C. Eagle's Nest Phase 2A Revised Water Petition D. Zoning Case Z-02-014 (107 S. King – Stover’s)
- New Business
A. Resolution of Intent to Issue IRB’s Reiloy Westland Corporation B. Eagles Nest Phase 2 Sewer/Phase 2A Water Construction Bids & Contract C. Vacation Case V-03-014 (37th & Maize Rd - Hutchinson Credit Union) D. Utility Rate Increase Ordinance
- Reports
- City Engineer
- Planning & Zoning
- Legal
- City Clerk
- Operations
- Mayor’s Report
- Council Member’s Reports
Executive Session
Adjournment
ADJOURNMENT: With no further business before the Council,
MOTION: Reid moved to adjourn. McCreath seconded. Motion declared carried. Meeting adjourned.
Respectfully submitted by: _________________________ Jocelyn Reid, City Clerk
MINUTES-REGULAR MEETING
MAIZE CITY PLANNING COMMISSION AND
BOARD OF ZONING APPEALS
THURSDAY, JULY 17, 2014
The Maize City Planning Commission was called to order at 7:22 p.m., on Thursday, June 5, 2014, for a Regular Meeting with Gary Kirk presiding. The following Planning Commission members were present: Mike Burks, Gary Kirk, Bryant Wilks, Bryan Aubuchon and Jennifer Herrington. The following Planning Commissioners were not present: Gerald Woodard and Andy Sciolaro.
Also present were Jocelyn Reid , Recording Secretary; Kim Edgington, Planning Administrator; Richard LaMunyon, City Administrator; Ryan Ott, MKEC; Dan Garber, Garber Surveying Service.
APPROVAL OF AGENDA
MOTION: Wilks moved to approve the agenda as presented. Aubuchon seconded the motion_._ Motion carried unanimously.
APPROVAL OF MINUTES
MOTION: Burks moved to approve the June 5, 2014 minutes as presented: Wilks seconded the motion. Motion carried unanimously.
NEW BUSINESS – PLANNING COMMISSION
V-02-014 – Vacation request for a portion of a drainage and utility easement east of the intersection of Goldenrod and Village Place in Watercress Village Ryan Ott of MKEC asked the commission to vacate 7 feet of a drainage and utility easement to allow for construction of a patio home.
MOTION: Wilks moved to approve V-02-014 vacation request for a portion of a drainage and utility easement east of the intersection of Goldenrod and Village Place in Watercress Village subject to verification that not utilities are located in the vacated easement. Herrington seconded the motion. Motion carried unanimously.
ANNUAL REMAINING REMAINING BEGINNING MONTH MONTH END MONTH EXPENSE YTD YTD EXPENSE BUDGET FUND NAME CASH BALANCE RECEIPTS DISBURSEMENTS CASH BALANCE BUDGET REVENUE EXPENSE BUDGET PERCENTAGE 01 General Fund $ 1,261,492.40 $ 171,377.44 $ 286,889.61 $ 1,145,980.23 $ 3,030,450.00 $ 2,078,332.46 $ 1,538,771.97 $ 1,491,678.03 49.22% 02 Street Fund 105,166.40 37,501.44 43,986.03 98,681.81 268,000.00 180,018.90 186,695.24 81,304.76 30.34% 04 Capital Improvements Fund 477,926.09 14,878.00 11,600.00 481,204.09 564,000.00 103,076.73 40,590.38 523,409.62 92.80% 5 Long-Term Projects (12,265.20) - 964.71 (13,229.91) - - 385,629. 10 Equipment Reserve 123,398.43 12,525.72 16,355.00 119,569.15 195,000.00 87,582.63 64,963.02 130,036.98 66.69% 11 Police Training Fund 4,138.99 156.00 700.00 3,594.99 10,000.00 1,660.00 4,061.35 5,938.65 59.39% 12 Municipal Court Fund 10,162.69 1,058.95 - 11,221.64 - 11,355.67 10,194. 16 Bond & Interest Fund 1,502,828.49 50,010.81 277,728.75 1,275,110.55 2,191,290.00 1,523,384.45 714,465.43 1,476,824.57 67.40% 19 Wastewater Reserve Fund 146,339.98 1,928.92 - 148,268.90 - 13,502.44 7,498. 20 Wastewater Treatment Fund 454,027.09 72,800.67 73,101.96 453,725.80 681,000.00 495,399.66 409,313.55 271,686.45 39.90% 21 Water Fund 375,801.93 63,645.84 67,486.25 371,961.52 749,600.00 482,049.94 434,046.28 315,553.72 42.10% 22 Water Reserve Fund 59,748.81 1,000.00 12,600.00 48,148.81 35,000.00 7,000.00 49,415.00 (14,415.00) -41.19% 23 Water Bond Debt Reserve Fund 280,000.00 2,000.00 - 282,000.00 - 14,000.00 - 24 Wastewater Bond Debt Reserve Fund 159,800.09 2,000.00 - 161,800.09 - 14,000.00 - 32 Drug Tax Distribution Fund 4,603.57 - - 4,603.57 - - - 38 Cafeteria Plan 1,219.47 - 118.00 1,101.47 - 5,981.95 5,281. 40 Carlson Assessments Fund 38,770.21 - 38,770.21 - - 20,255. 47 53rd & Maize Road Expansion 98,542.42 - 2,000.00 96,542.42 - 20,356.32 30,107. 61 Carriage Crossing VI 114,403.53 - - 114,403.53 - - 119. 71 Fiddlers Cove 3rd (342.00) - - (342.00) - - - 73 Hampton Lakes Commercial 13,068.00 - - 13,068.00 - - - 74 Hampton Lakes 2nd Addition 46,795.37 - - 46,795.37 - - 39. 76 Series 2013B Refunding Bonds 463.25 - 463.25 - - - 98 Maize Cemetery 166,595.19 4,673.20 2,875.88 168,392.51 140,265.00 30,934.43 24,420.74 115,844.26 82.59% Report Totals $ 5,432,685.20 $ 435,556.99 $ 796,406.19 $ 5,071,836.00 $ 7,864,605.00 $ 5,068,635.58 $ 3,925,867.24 $ 4,397,862.04 55.92%
CITY OF MAIZE
Thru May 31, 2014
Cash and Budget Position
City of Maize Disbursement Report Totals Dates Covered: 07/01/2014 - 07/31/
Accounts Payable:
Voucher Voucher Check Check Check Numbers Date Amt Date Amount Begin End 2-Jul 530.90 2-Jul 530.90 58947 58948
Utilities/Postage for Utility Bills 3-Jul $ 43,413.03 7-Jul $ 43,413.03 58949 58985 11-Jul 15,617.63 11-Jul 15,617.63 58986 58993 Utilities 11-Jul 110.26 11-Jul 110.26 58994 58995 Catering for Workshop 17-Jul 115,010.23 22-Jul 115,010.23 59006 59057 22-Jul 129.78 22-Jul 129.78 59058 59059 Utilities
24-Jul 278,040.75 24-Jul 278,040.
Water Bond Payment/Unemployment Tax 25-Jul 240.00 25-Jul 240.00 59060 59060 CSI Camp Catering AP Total $ 453,092.58 $ 453,092.
Payroll:
Run Earning Check Check Check Numbers Date History Date Amount Begin End 12-Aug $ 157,352.48 3-Jul $ 61,624.25 58929 58946 17-Jul 57,091.64 58996 59005 31-Jul $ 77,978.20 59061 59077
KPERS Employer Portion 12,748. FICA Employer Portion 11,626. Health/Dental Insurance (Employer Portion) 14,966. PR Total $ 196,694.09 $ 196,694.
AP $ 453,092. PR 196,694. Total Disbursements $ 649,786.
Check Numbers used this period: #58929 thru #
MAIZE CITY COUNCIL
REGULAR MEETING
MONDAY, AUGUST 18, 2014
AGENDA ITEM # 7A
ITEM: New Cingular Wireless PCS, LLC (AT&T Mobility Corporation) Tower Lease Agreement
BACKGROUND :
On March 17, 2014 the City Council approved a New Cingular Wireless Lease Agreement with New Cingular Wireless PCS, LLC, (AT &T) and authorized the Mayor to sign. This lease agreement was to place antennas on top of the City’s water tower.
New Cingular Wireless PCS, LLC, never executed the lease agreement. Three months later New Cingular Wireless PCS, LLC informed the City that the person(s) who developed the lease with the City did not follow protocol and requested to begin the process over. After several weeks of discussion and negotiations a new lease agreement has been completed and is ready for Council consideration.
New Cingular wireless shall pay the City $1,000.00 for the Option to Lease for 1 year. This may be extended at the end of the Option period for an additional 6 months upon written notice to the City and payment of $500.00. If New Cingular Wireless exercises this option and places antenna facilities on the tower, the initial term is 5 years with an option to extend for three additional five-year terms.
Preliminary construction plans have been reviewed by the City Engineer and approved. A structural study of the tower railing system has been completed and approved. The final construction plans will also be approved before construction begins.
FINANCIAL CONSIDERATIONS:
New Cingular shall pay the City $24,000.00 for the first year of the initial term of this lease. Beginning on the first anniversary of the commencement date and each anniversary thereafter including during renewal terms, shall be increased and compounded by 3% per year.
LEGAL CONSIDERATIONS:
The City Attorney has drafted and approved the lease agreement as to form.
RECOMMENDATION/ACTION:
Approve the New Cingular Wireless Lease Agreement and authorize the Mayor to sign
applicable government and/or regulatory entities (including, without limitation, zoning and land use authorities, and the Federal Communication Commission ("FCC")) (collectively "Governmental Approvals"), including appointing Tenant as agent for all land use and zoning permit applications, and Landlord agrees to cooperate with and to allow Tenant, at no cost to Landlord, to obtain a title report, zoning approvals and variances, land-use and Water Tower permits and Landlord expressly grants to Tenant a right of access to the Property to perform surveys, soils tests, and other tests or engineering procedures or environmental investigations on the Property, including, without limitation, the right to conduct and prepare a Phase One environmental assessment and/or baseline environmental assessment of the Property, or equivalent as permitted by applicable Federal or state law, necessary to determine that Tenant's use of the Premises will be compatible with Tenant's engineering specifications, system design, operations and Governmental Approvals. Notwithstanding the foregoing, Tenant may not change the zoning classification of the Property or offer, agree to or accept any Governmental Approvals in conflict with or which require any alteration or modification of the terms of this Lease without first obtaining Landlord’s written consent. During the Option Period and any extension thereof, Tenant may exercise the Option by so notifying Landlord in writing at Landlord's address in accordance with Section 12 hereof.
(c) If Tenant exercises the Option, then, subject to the terms and conditions set forth herein, Landlord hereby leases to Tenant the use of both (i) a portion of the Property as an equipment enclosure for the placement of the Electronic Equipment (as defined below) and (ii) another portion of the Property for Antennas (as defined below), together with easements for access and utilities as set forth in Section 7(i) below, all according to the survey and legal description set forth in Exhibit B attached hereto (both of the preceding leased parcels being collectively referred to herein as the "Premises"). The equipment enclosure portion of the Premises is approximately 12 feet by 20 feet, and comprises approximately 240 square feet, exclusive of easements.
- Term. The initial term of this Lease shall be five (5) years commencing on the date of the exercise of the Option (the "Commencement Date"), and terminating at midnight on the fifth (5 th^ ) anniversary of the Commencement Date (the "Initial Term"). The word "Term" refers to both the Initial Term and Renewal Term (as defined below).
- Permitted Use. The Premises may be used by Tenant for the transmission and reception of radio communication signals and for the construction, installation, operation, maintenance and repair, replacement or upgrade of related support facilities (such as not to exceed nine antennas, cables, fencing, equipment shelters and/or cabinets) for the provision of what is commonly known as cellular telephone service and for any other related purpose for which Tenant is licensed. Tenant shall, at its expense, comply with all present and future federal, state, and local laws, ordinances, rules and regulations (including but not limited to laws and ordinances relating to health, safety, radio frequency emissions, and radiation) in connection with the use of (and operations, maintenance, construction and/or installations at) the Premises.
- Rent. Tenant shall pay Landlord, as rent, Twenty Four Thousand Dollars ($24,000.00) for the first year of the Initial Term of this Lease, and starting on the first anniversary of the Commencement Date, and each anniversary thereafter (including during "Renewal Terms", as
defined below), Twenty Four Thousand Seven Hundred and Seventy Two Dollars ($24,772.00) increased and compounding by three percent (3 %) per year (collectively "Rent"). The initial Rent payment will be forwarded by Tenant to Landlord within forty-five (45) days after the Commencement Date. Following the first year of the Initial Term, any Rent not paid within ten (10) days of the due date shall be assessed a five percent (5%) late fee and shall bear interest at one and one-half percent (1.5%) per month or (if less) at the highest rate allowed by law. Landlord shall invoice Tenant for any such fees incurred. If this Lease is terminated at a time other than on the last day before the anniversary date, then except as provided below, Rent shall be prorated as of the date of termination for any reason (other than a default by Tenant) and all prepaid Rent shall be immediately refunded to Tenant.
- Renewal. Tenant shall have the right to extend this Lease for three (3) additional, five- year terms (each a "Renewal Term"). Each Renewal Term shall be on the same terms and conditions as set forth herein, with Rent continuing to increase and compound by three percent (3%) per year. This Lease shall automatically renew for each successive Renewal Term unless Tenant notifies Landlord, in writing, of Tenant's intention not to renew this Lease, at least sixty (60) days prior to the expiration of the Initial Term or any Renewal Term. Any holding over by Tenant after the expiration of the Initial Term and any Renewal Term, with the consent of the Landlord, shall be construed to be a tenancy from month to month on the terms and on the conditions set forth herein, except that the Rent hereunder shall be at one hundred ten percent (110%) of the Rent paid in the last year of the prior Term, prorated and paid monthly in advance.
- Interference, Testing and Reservation.
(a) Prior to or concurrent with the execution of this Lease, Landlord has provided or will provide Tenant with a list of radio frequency user(s) and frequencies used on the Property as of the Effective Date. Tenant shall not use the Premises or Antennas (as defined below) in any way which interferes with the use of any portion of the Property by Landlord, or by lessees or licensees of Landlord with rights in any portion of the Property, as long as the radio frequency user(s) operate and continue to operate within their respective frequencies and in accordance with all applicable laws and regulations. Similarly, Landlord shall not use, nor shall Landlord permit its lessees, licensees, grantees, employees, invitees or agents to use, any portion of the Property in any way which materially interferes with the Antennas or Electronic Equipment, the operations of Tenant or the rights of Tenant under this Lease.
Such interference shall be deemed a material breach by the interfering Party, who shall, upon written notice from the other, be responsible for terminating said interference. In the event any such interference does not cease promptly, the Parties acknowledge that continuing interference may cause irreparable injury and, therefore, the injured Party shall have the right, in addition to any other rights that it may have at law or in equity, to bring a court action to enjoin such interference or to terminate this Lease as provided in Section 8 hereof.
Landlord will not grant, after the date of this Lease, a lease, license or any other right to any third party, if exercise of such grant may in any way adversely affect or interfere with the Antennas or Electronic Equipment, the operations of Tenant or the rights of Tenant under this Lease. Landlord will notify Tenant in writing prior to granting any third party the right to install and operate communications equipment on the Property.
Federal radio frequency exposure limit rules then in effect, then Tenant shall cease the operations suspected of causing such noncompliance (except for intermittent testing to determine the cause of such interference) until subsequent tests again show compliance with such rules.
(f) Tenant shall install and maintain signs in number, placement, language, color, form and substance as required by applicable law, warning workers or other persons on the exterior (and applicable interior portions, if any) of the Water Tower that for safety reasons they should not be there unless the Electronic Equipment and Antennas (as defined below) have been shut down.
(g) Subject to Section 6(a), Landlord does not grant, and reserves for itself, its lessees, successors and assigns, (i) all mineral rights, seismic rights and rights to oil, gas, other hydrocarbons or minerals on, as to, under or about any portion of the Premises and Property; (ii) rights to generate electricity from the wind or wind power on, as to or about any portion of the Premises and Property; and (iii) the right to grant to others the rights hereby reserved.
- Tenant Improvements; Utilities; Access.
(a) On the equipment enclosure portion of the Premises, Tenant shall have the right, at its expense, to erect and maintain "Electronic Equipment" meaning improvements, personal property and facilities to operate its communications system (i) including radio receivers, transmitters, related facilities, equipment shelters and/or cabinets, related cables and utility lines and a location based system, (ii) but excluding any tower, base for a tower, antennas (other than GPS antennas as may be depicted on Exhibit B or as agreed to under Section 7(c)) or microwave type dishes in accordance with and in compliance with both Exhibit B and Exhibit D. Tenant shall also have the right, at its expense, to erect and maintain antennas on the Water Tower and, cables (connecting the antennas to the Electronic Equipment) and cable trays (such antennas, cables and cable trays collectively referred to as "Antennas") on the Property in accordance with Exhibit D and the drawings attached as Exhibit B.
Exhibit B shall contain a survey and legal description of the Premises (including easements); a site plan which sets forth all improvements to be placed on the Property including Antennas, any ice bridge, equipment cabinets, utility boxes, fences, walls, any generators or provision for temporary generators, any fuel tanks or provision for temporary fuel tanks, any backup battery cabinets and parking; elevation drawings for all the preceding items; fence and wall detail; and specifications for all exterior colors, paint, other finishes and landscaping. If Tenant or its agents or contractors have provided Landlord with photo simulations of what the Premises and/or Property will look like upon construction of the Antennas and/or Electronic Equipment then such photo simulations are attached as Exhibit D.
(b) Prior to commencing construction, Tenant shall submit plans and specifications for all improvements (“Plans”) to Landlord for Landlord’s written approval, not to be unreasonably withheld, conditioned or delayed (this standard means approval is deemed to have occurred if there is no response within ninety (90) calendar days of submittal). After Landlord’s (i) failure to respond in writing to Tenant's proposed Plans within ninety (90) business days of their receipt; or (ii) failure to provide a written response within twenty (20) business days of receipt of Plans revised by Tenant after comment from Landlord in accordance with this Section,
the Plans will be deemed approved. After approval or deemed approval, the Plans will be considered incorporated in this Lease as Exhibit B. If Landlord disapproves the Plans then the Tenant will provide Landlord with revised Plans, such revisions to be within Tenant’s reasonable discretion. In the event Landlord disapproves of the revised Plans, Tenant may either (i) make further revisions to the Plans and submit them to Landlord for review or (ii) terminate this Lease without further liability by providing written notice to Landlord. Landlord will not knowingly permit or suffer any person to copy or utilize the Plans for any purpose other than as provided in this Lease and will return the Plans to Tenant promptly upon request. No improvement, construction, installation or alteration shall be commenced until plans for such work has been approved by the Landlord and all necessary permits have been properly issued. Tenant maintains the right to perform routine maintenance, repairs, replacements and upgrades without Landlord approval when no changes to the exterior appearance of Tenant’s Electronic Equipment or Antennas are made.
(c) Tenant shall have the right to alter, replace, enhance or upgrade the Electronic Equipment and/or Antennas at any time during the Term of this Lease to the extent that such changes do not materially differ from Exhibit B and Exhibit D. Any material changes from Exhibit B and/or Exhibit D shall require Landlord’s written approval, and such approval shall not be unreasonably withheld, conditioned or delayed.
(d) Tenant shall cause all construction to occur lien-free and in compliance with all applicable laws and ordinances. If any lien is filed against the Premises or Property as a result of acts or omissions of Tenant or Tenant’s employees, agents or contractors, Tenant shall cause such lien to be discharged or appropriately bonded or otherwise reasonably secured within sixty (60) days after Tenant receives written notice that the lien has been filed.
(e) Landlord acknowledges that except for Tenant's non-compliance with this Lease it shall not interfere with Tenant's construction on the Property including, without limitation, attempting to direct construction personnel as to the location of or method of installation of the Antennas and/or Electronic Equipment.
(f) Tenant, at its expense, will use commercially reasonable and appropriate means of restricting access to the Electronic Equipment, including the construction of a permanent fence or wall as set forth on Exhibit B and/or Exhibit D, and if necessary, a temporary fence during construction.
(g) Tenant shall, at Tenant's expense, keep and maintain the Antennas and Electronic Equipment now or hereafter located on the Property in good condition and repair during the Term of this Lease, normal wear and tear and casualty excepted. Upon termination or expiration of this Lease, Tenant at its expense shall remove the Antennas and Electronic Equipment and then will repair any damage caused by such removal. To the extent reasonable, Tenant will restore and return the Premises to its condition at the commencement of this Lease, including Tenant removing footings, foundations and concrete on the equipment enclosure portion of the Premises to a depth of two feet below grade, reasonable wear and tear and loss by casualty or other causes beyond Tenant’s control excepted. If Landlord requests that Tenant not remove all or a portion of the improvements, title to the affected improvements shall thereupon transfer to Landlord, and thereafter the improvements shall be the sole and entire property of Landlord, and
credit) from a surety or bank reasonably acceptable to Landlord, and in an amount reasonably deemed necessary to assure that the funds will be available at the termination of the Lease for removal of the Electronic Equipment and Antennas.
(m) Tenant may not place or allow the placement of any signs or graffiti on the Premises, except for those required for emergency notification and identification, or as required by Section 6(f), law or rule. After thirty (30) days' notice to remove, Landlord at any time may enter the Premises and undertake any activities necessary to abate or remove graffiti located therein. Tenant shall reimburse Landlord all reasonable costs incurred by Landlord in connection with such abatement or removal within thirty (30) days of Landlord’s presenting Tenant with a statement of such costs.
(n) Tenant shall, at its own expense, maintain the Premises and Antennas and all improvements, equipment and other personal property of Tenant on the Property in good condition and repair, reasonable wear and tear and damage from the elements excepted. Landlord will maintain and repair the Property and access thereto, the Water Tower, and all areas of the Premises where Tenant does not have exclusive control, in good and tenantable condition, subject to reasonable wear and tear and damage from the elements. Landlord will be responsible for maintenance of landscaping on the Property, excluding any landscaping installed by Tenant as a condition of this Lease or any required permit. Tenant will maintain landscaping installed by Tenant. Tenant shall keep the Premises and Antennas free of debris and anything of a dangerous, noxious or offensive nature or which would create a hazard or source of undue vibration, heat, noise or interference.
(o) Notwithstanding any provision in this Lease to the contrary, Landlord shall have the right, at any time (and from time to time) during the Term of this Lease, to relocate the Electronic Equipment and/or Antennas, or any portion of them, at Landlord’s expense, to another location suitable for Tenant’s use. Tenant shall be given at least one hundred eighty (180) days notice of such relocation, shall fully cooperate in such relocation, and Landlord shall reimburse all Tenant's costs associated therewith. Landlord shall permit Tenant to place a temporary antenna facility (Cell on Wheels or similar installation) on Landlord’s Property or at some other location acceptable to Tenant, at Landlord’s costs until such relocation is complete. There shall be a fifty (50%) percent reduction in the then current Rent until the relocation of the Electronic Equipment and Antennas is complete.
7A. Use by Other Providers.
(a) The Antennas and Premises may only be used by one entity (Tenant) except as set forth in subsections (b) and (c) below.
(b) Tenant may sublease or otherwise allow use of the Antennas by other providers of licensed or unlicensed telecommunications services ("Other Providers"), but without a signed amendment to this Lease such use or subleases shall only be for the antenna (transmitting antennas, receiving antennas and microwave dish) portion of the facilities of such Other Providers, and only for uses permitted under Section 3 or for the provision of what is commonly known as cellular telephone service (whether or not technically referred to as Personal Communications Service, or some other term). All other portions of the facilities used by such
Other Providers shall not be located on the Premises, and instead, Landlord may lease additional ground space adjacent to the Premises to such Other Providers for same.
(c) Each Other Provider shall be solely responsible both for the cost of placing its antennas on the Premises for any liabilities that arise from the Other Provider’s use of the Premises.
(d) This Lease does not restrict or prevent Landlord from leasing other portions of the Property to Other Providers, such as for their antennas or communications facilities.
- Termination. Except as otherwise provided herein, this Lease may be terminated, without any penalty or further liability as follows:
(a) upon thirty (30) days written notice by Landlord to Tenant (and, if applicable, pursuant to Section 15(b)), if Tenant fails to cure a default for payment of amounts due under this Lease within that thirty (30) day period;
(b) immediately if within the first one hundred eighty (180) days following the Commencement Date Tenant notifies Landlord of unacceptable results of any title report, environmental or soil tests prior to Tenant's installation of the Antennas on the Property;
(c) upon sixty (60) days written notice by Tenant if, despite commercially reasonable effort by Tenant, Tenant is unable to obtain, maintain, or otherwise forfeits, cancels or has been canceled, or allows to expire without renewing any license (including, without limitation, an FCC license), permit or any Governmental Approval necessary for the installation and/or operation of the Antennas and Electronic Equipment;
(d) upon sixty (60) days written notice by Tenant if destruction or damage to the Antennas or Electronic Equipment substantially and adversely affects their effective use;
(e) at any time following the expiration of the Initial Term upon ninety (90) days written notice by Tenant for any reason no reason, so long as Tenant pays Landlord a termination fee equal to three (3) months’ Rent, at the then-current rate, provided, however, that no such termination fee will be payable on account of the termination of this Lease by Tenant under any other termination provision contained in any other Section of this Lease; (f) at any time following the expiration of the Initial Term upon ninety (90) days written notice by Landlord for any reason or no reason, so long as Landlord pays Tenant a termination fee equal to three (3) months’ Rent, at the then-current rate; provided, however, that no such termination fee will be payable on account of the termination of this Lease by Landlord under any other termination provision contained in any other Section of this Lease; or (g) upon one hundred eighty (180) days written notice by Landlord if Landlord decides to discontinue use of and dismantle the Water Tower.
- Default and Right to Cure.
(a) Notwithstanding anything contained herein to the contrary and without waiving any other rights granted to it at law or in equity, each Party shall have the right, but not the obligation, to terminate this Lease on written notice pursuant to Section 12 hereof (and, if
