You are on page 1of 30
tune 9:41aK Mo.2818 LEASE AGREEMENT FOR TELECOMMUNICATIONS INDEX NON-EXCLUSIVITY; CO-LOCATION LEASED PREMISES ‘TERM RENTAL SECURITY DEPOSITISURETY BOND RENEWAL CANCELLATION EASEMENTS SERVING PREMISES PURPOSE [USE OF PREMISES ‘COMPLIANCE WITH GOVERNMENTAL LAWS OWNERSHIP, SUBORDINATION AND NON-DISTURBANCE RESTORATION OF THE PREMISES ‘TELECOMMUNICATIONS POLICY DEFAULT LICENSES AND PERMITS CONSTRUCTION BY TENANT INTERFERENCE usersy@.wPDAtAonny por ont ayia ' a 1. 2. B. ma 25, x. 2. 2. 30. 31 2. aan $:4iAN INDEMNIFICATION INSURANCE REQUIREMENTS HAZARDOUS MATERIALS ASSIGNMENT INSPECTIONS (QUIET ENJOYMENT [DAMAGE AND DESTRUCTION CONDEMNATION ‘BINDING EFFECT ‘RECORDATION NomicEs WAIVER ENTIRE AGREEMENT GOVERNANCE, ‘CONFLICTS Yo.2819 F hours Pt “THIS LEASE made this _/4 day of QC pees 2002 werketween the Board TES Jon of Montgomery Coury, govening body of MONTGOMERY COUNTY FUBLIC — Sear eetnafer the “Landlord” and APC REALTY AND EQUIPMENT COMPANY, See eit the Tenant”), aDelaare corporation qualified todo business in Maryland Landlord hereby rents to Tenant and Tenant hereby ens from Landlord the leased es herein deseribed upon the following terms and conditions: 1. NON-EXCLUSIVITY; CO-LOCATION. Landlord eases to Tenant a portion of he Parcel Qerinafcr described), a portion of which (namely the fenced enclosure) i eased rare a bs: fo the express purpose of Tenant's placing certain approved es UTaBTARan To Aer nications faiiies (the “Communications Facility") on the Premises (as ere Eelow) to promote the public purposes of the Telecommunications Act of 1996, sence nares and understands that it shal enjoy a non-exclusive right to ue that portion ‘ofthe Paeel on which Is constructed a tower, monopole, or other antenna-elted Strsture, and shall permit eo-location by olber tenants on any tower, monopole or other setae that may construct forts telecommtnication porposes. Tenant shal dealin hod falta with any other tenants who may be granted co-location rights on the Communications Facility. 2, LEASED PREMISES. The leased premises (Premises") consist of approximately 300 square fet ofthat certain tract of land lying in Montgomery County, Maryland, carting approximately 2.8 acre and conveyed to the Landlord pursuant toa deed ‘Shied Febery 20, 1985 and recorded inthe Land Records of Montgomery County, ‘Maryland in Liber 6762, Folio 266, which property is known as the Woodward Road MAA ite or Emory Orove Site (the Site”). The Pace is further identified as Parcs! ition Tax Map FTS63. ‘The Premises sre more particularly shown on site drawing, titached hereto #3 Exhibit and made apart here Exhibit part bere 5, TERM, The term ofthis Lease shall be five (5) years with tres (3) five-year renewal ptons atthe dacetion ofthe Tenant, subject to the cancellation (Paragraph 7) andthe {he sixtieth (60% day following the above date of this Lease, unless the parties agree in “yating to a different commencement date ("Commencement Date mcacanontaeny gentoo cet. wie acuta Ho.2sls P. 8 RENTAL. Tonant heceby covenants and agres to pay or cause to be pad as aaa rent to Landlord the total sun RPMS) fhe inital T2-month tem by monthly payneas f TET Ania) eat shall be adjusted at each anniversary ofthe Lease year by east AER ‘SaBBBF over the previous yeas ent or an amount equal to the increase in the consumer pice index for the Baltimore Washington Region, Sem onally) whichever i greater. Rent shall be made payable the Montgomery County Public Schools and delivered othe Office of the Chief Operating Officer, 850 Hungerford Drive, Rockville, Maryland 20850, or such other place as the Lapdlord may from time fo time so designate in writing at leat thirty (30) dae in advance of a rental payment date ‘SECURITY DEPOSIT/SURETY BOND. Upon execution ofthis Lease, Tenant shall ‘deposit with the Landlord, atthe option of Tenant, a cash security depositor surety bond ina form and fiom a surety company acceptable tothe Landlord in the amount of RNs 2r' fr the faithl performance and ‘observance of the terms and conditions ofthis Leace. Its agreed that if Tenant defwults ‘wilh respect to any tems and conditions ofthis Lease, including but not limited to the payment of ent, or the removal ofits equipment st the conclusion ofthis Lease, Landlord ‘ay use, apply, elan or draw epaist the whole or any part of said security depositor surety bond required forthe payment of any rent or any other sum as to which the Tenant is in default or for any sur which te Landlord may expend or may be required to expend by reason ofthe Tenant's defaults of any of the terms, conditions and covenants of this Lease. I Tenant shall flly and faithfully comply wit ll the terms, covenants and conditions ofthis Lease, the security deposit shall be retumed to Tenant or the surety bond shall be extioguished no later than sixty (60) days afer the end ofthis Lease rovided Tenant has delivered the Premises in the manner required bere. RENEWAL. Atthe option ofthe Tenant and so long es Teaat is nti default under any ofthe terms hereof, this Lease may be renewed if a least one hundred eighty (180) days {oro expiration ofthe then cen tem ofthis Lace, Tenant provides writen notice Sf nen to renew the Lease for anotber five-year term. At leat ninety (90) days pice to the expiration ofthe then caret te, Landlord shal fform Tenant in writing of he smal fet forthe new tenn, which shall nt exced Maye le previous year's sou ental rae (CANCELLATION. («) Landlord may cancel this Lease for cause if Tenant fails to comply with the tems and conditions ofthis Lease. If either party it in default under this ‘Agrezient fora period of (a) 15 days following receipt of notice from the non-

You might also like