Canton, Massachusetts · Saved source text

Lease Agreement T-Mobile

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T-Mobile Northeast, LLC, a subsidiary of T-MOBILE USA, Inc.
15 Commerce Way — Suite B
Norton, MA 02766

SENT VIA USPS CERTIFIED MAIL                                                                   Rl

January 7, 2011

CEIV El
JAN 13 2011

BOARD OF SELECTMEN
vane CANTON MASS.

Town of Canton

Town Administrator, Memorial Hall
Attn: Judy Levitsky

801 Washington Street

Canton, MA 01826

(781) 821-5017

Re: Notice of Update of Telco Utilities to Fiber Optics
Site Number and Name: 4BS1588B ~ BS588B/Canton Flag Pole
Site Address: 2438 Washington Street, Canton, MA 02021

Dear Town of Canton:

Enclosed please find the fully executed Access Agreement for the T-Mobile utility update at the above-
mentioned address. Should you have any questions, please contact me at 413-658-4815.

We thank you for your cooperation in this matter.

Tower Re      ce Management
30 Lyman Street, Suite 12
Westborough, MA 01581
eradowicz@trmcom.com

CC: Paul R. DeRensis, Esq., Town Council
Deutsch Williams

One Design Center

Boston, MA 02210

Sate Number: 4BS§S88B
Site Name: 8SS88B/Canton
Market:      New Pngland

ACCESS AGREEMENT

20.4, by and between Comcast Cable Communications Management, LLC, a Delaware limited
jability company, on behalf of its affiliates (together, Comcast"), and Town of Canton (the "Owner"), which
owns the land and the improvements thereon (together, the “Property”) having a street address of 2438
Washington Street, Canton, MA 02021,

THIS ACCESS AGREEMENT (the “Agrecment”) is made and entered into this La& day of
finuty

1.      Grant. Owner hereby grants to Comcast a non-exclusive license to install, construct, replace,
maintain, repair, operate, and remove, at Comcast’s sole option and expense, certain wires, cables, conduit, lock-
boxes, building entrance facilities, and other appurtenant fixtures and equipment (the “Facilitics”), over, under,
across and along the Property, as may be necessary or useful for distributing Comcast’s communications services
to tenants and other occupants of the Property. Owner shall provide Comcast access to the Property at all times,
twenty four (24) hours per day, seven (7) days per week, and 365/366 days per year for the foregoing purposes.

2.         Construction. Prior to the commencement of Comcast’s initial installation of the Facilities at the
Property, Comcast shall prepare and deliver to Owner plans and specifications (the “Plans”) of the Facilities. No
work shall commence until Owner has approved the Plans, which approval will not be unreasonably withheld,
conditioned, or delayed. Upon approval of the Plans, such construction shall be performed in a manner consistent
with generally accepted construction standards. Owner hereby approves the Plans attached hereto as Exhibit A.

3.      Comcast Obligations. Comcast shall comply with all applicable law. Comcast shall keep the
Facilities in good order and repair, and shall promptly repair all damage to the building caused by Comcast, other
than ordinary wear and tear. The Facilities shall belong to Comcast, shall be there at the sole risk of Comcast and
Owner shall not be liable for damage thereto or loss thereof, except in the event of Owner’s gross negligence or
willful misconduct. Comcast shall be responsible for, and shall also indemnify, hold harmlcss and defend Owner
against, the satisfaction or payment of any liens for any provider of work, labor, material or services claiming by,
through or under Comcast. Upon Owner’s request, Comcast shall provide a certificate of insurance to Owner,
naming Owner as an additional insured.

4.         Term, This Agreement shall have an initial term of ten (10) years (the  “Tnitial Term”),
commencing on the date set forth above. This Agrcement shall automatically renew for two (2) successive periods
of five (5) years each (the “Renewal Terms”), unless Comcast shall provide the Owner with at least ninety (90) days
notice of its intention not to renew at the end of the then-current term.

5.      Indemnification. Comcast shall indemnify, hold harmless and defend Owner from and against
any and all claims, actions, damages, liabilities and expenses, including reasonable attorneys’ fees, arising from or
out of the installation, operation, maintenance, or removal by Comcast of the Facilities, except to the extent
caused by the gross negligence or willful misconduct of Owner, its employees, agents, contractors, or invitees.

6.      Limitation of Liability, NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY
FOR ANY LOST PROFITS, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL
DAMAGES.

7.      Notices. All notices under this Agreement shall be in writing and be given by certified mail,

return receipt requested, or nationally recognized overnight courier service, to the address set forth below or as
may subsequently in writing be requested.

Comcast Rev. December 29, 2009                                                     ]                                                  Confidential and Proprietary

YRS 5 CEB

Ifto Owner: Town of Canton

Town Administrator, Mcmorial Hall

801 Washington Street
Canton, MA 01826

With a copy to:

Paul R. DeRensis, Esq., Town Council

Deutsch Williams
One Design Center
Boston, MA 02210

Ifto Comcast: Comcast Cable Communications Management, LLC 7: Rodin!  Be ce.

aH LADELpHA,   (4
With a copy to:

Cenc 4st Ce

MER,
N vee { Bevo

Comcast Cable Communications, LLC

One Comcast Center

1701 John F. Kennedy Boulevard

Philadelphia, PA 19103
Attn.: General Counsel

8.       Miscellaneous. This Agreement shall be binding on and inure to the benefit of the parties and

their respective successors and assigns.

IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly
authorized representatives as of the date first written above.

Town of Canton

By:
Name:

Title: Tear Marni fedar

heel tw 7 fr ef

Comcast Rev. December 29, 2009

Comcast Cale Communications
Management, LLC

By:     U

Name:     Terrence'Canzc!!
Title:         Vice Presic 161 ii

2                                              Confidential and Proprietary

EXHIBIT *A”

The Plans

Comeast Rev. December 29, 2009                                              3                                            Confidential and Proprietary

Sa                                            (Comcast

‘24 SAND SSMATE
LENGTH FROM UTILITY POLE TO SULDNG ATACH. | 100
‘24 STRAND COL AT BUILDING ATTACHMENT      18
HECHT FROM BUDO ATAGHUENT TO HOTWAN 1 30
LENGTH FROM MOFFWAN BOX TO JUNCTION BOX.

"Ba STRAND COL IN NEW VUNCTON DOH

2 sTund COL NEW WACTON Box
Thats Frou rome sox 7) Tico AA |
TENGTH FROW TELCO AREA TO PPC      =

ADOTOML PPE! ag
LENGTH FROM PPC TO STS CABNET     120
WOOTONAL GOL W BTS BSE | gg

AODITORAL COL IN BTS CABINET 49

TOTAL UEnn OF 6 STRAND PER

PROPOSED (24) FSER IK EXSTING
WEATHERHEAD. (20"2) FROM BULDING
ATACHMENT TD BXSSTING MOFPMAN BOX

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