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<br />SITE NAME: Louisville Recreational Center
<br />SITE NUMBER: CO- DENl1l3
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<br />6.4 Tenant shall, at Tenant's expense, keep and maintain the Tenant Facilities now or
<br />hereafter located on the Premises in a commercially reasonable and safe condition and repair during the term of this
<br />Agreement, normal wear and tear and casualty excepted. Tenant shall have sole responsibility for the maintenance,
<br />repair, and security of its equipment, personal property, the Tenant Facilities, and leasehold improvements and shall
<br />keep the same in good repair and condition during the Term and Renewal Terms. Tenant shall keep the Premises
<br />free of debris and anything of a dangerous, noxious or offensive nature or which would create a hazard or undue
<br />vibration, heat, noise or alteration on the Property. Tenant shall take reasonable measures at Tenant's cost to cover
<br />Tenant's equipment, personal property, or Tenant Facilities and protect such from paint and debris fallout.
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<br />6.5 No later than sixty (60) days after the termination ofthis Agreement, by expiration of the
<br />Term or otherwise, Tenant will, at its sole expense, remove its personal property and fixtures from the Premises,
<br />repair any damage to the Premises, and n:tum the Premises to Landlord in good, usable condition, normal wear and
<br />tear and casualty damage excepted. Within thirty (30) days of the Term Commencement Date, Tenant agrees to
<br />procure on Landlord's behalf, and maintain in effect throughout the Term, a letter of credit in a form reasonably
<br />acceptable to Landlord and issued by a reputable issuer in the amount of Twenty Five thousand dollars ($25,000.00)
<br />("Performance Guarantee"), for the sole purpose of assuring Tenant's faithful performance in the removal of the
<br />Tenant Facilities as required under this Paragraph of this Agreement. If Tenant fails to remove the Tenant Facilities
<br />within sixty (60) days of the termination or expiration of this Agreement, Landlord shall notify Tenant in writing that
<br />Landlord will remove the Communications Facility and store the same at Tenant's expense. Failure of Tenant to
<br />remove the Tenant Facilities from storage and to reimburse Landlord for any and all reasonable costs actually
<br />incurred in such removal and storage ("Costs"), within sixty (60) days of removal of the Tenant Facilities, will result
<br />in the Tenant Facilities being deemed abandoned and title of same will vest in Landlord. If Tenant fails to reimburse
<br />Landlord for all such Costs, Landlord may use the proceeds from the Performance Guarantee for such Costs. The
<br />Landlord shall have no obligation or liability to Tenant in connection with any property or fixtures remaining on the
<br />Premises at the expiration of such 60-day period.
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<br />7. Access and Utilities.
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<br />7.1 Landlord shall permit Tenant access to the Premises at all times the Property is open to
<br />the public. Landlord shall also permit Tc:nant access to the Premises at any other times for emergency purposes or
<br />for other activities approved in advance by Landlord. Tenant may make use of a lockbox for after-hours access to
<br />Tenant Facilities located on the Property; such a lockbox shall be at a mutually agreeable location, shall be used only
<br />by persons designated in advance by Tenant to Landlord, and shall be used only for emergency purposes or other
<br />activities approved in advance by Landlord. Landlord may require that Tenant be accompanied by Landlord's
<br />personnel during any access to the Premises. Tenant agrees to be bound by all rules and regulations associated with
<br />ingress and egress to the Property set forth in this Lease and as established by Landlord.
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<br />7.2 Landlord shall maintain all access roadways from the nearest public roadway to the
<br />Premises in a manner sufficient to allow pedestrian and vehicular access at all times under normal weather
<br />conditions. Landlord shall be responsible for maintaining and repairing such roadways, at its sole expense, except
<br />for any damage caused by Tenant's use of such roadways. Notwithstanding the foregoing, Tenant acknowledges that
<br />the Premises are located on the rooftop ofthe Property, and Landlord shall provide no snow removal services for the
<br />Premises.
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<br />7.3 Tenant shall, at its sole cost and expense, install a separate meter or sub-meter for
<br />electrical service to the Premises, and shall pay for all electrical and other utility charges in connection with Tenant's
<br />use and operation of the Premises. Ten,ant shall pay for all costs and expenses in connection with Tenant's use,
<br />operation and maintenance of the Premises and all Tenant's activities conducted thereon. Landlord agrees to sign
<br />such documents or easements, at no cost to Tenant or the utility companies, as may be reasonably required by said
<br />utility companies to provide such service to the Premises. Any easement necessary for such power or other utilities
<br />will be at a location acceptable to the Landlord and servicing utility company.
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<br />7.4 Landlord shall be allowed and have access to the Premises at reasonable times to examine
<br />and inspect the Premises for safety reasons; to ensure Tenant is complying with the terms of this Agreement; and to
<br />conduct routine maintenance of the Premises. Except for access for routine maintenance, or in response to a police, fire,
<br />medical or public safety emergency, Landlord shall provide at least twenty four (24) hours prior written or telephonic
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<br />CIeanvire Communication Tower Apoement
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<br />v.S-22-06
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