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2014-01-10 Access Easement Nex-TechNON-EXCLUSIVE ACCESS EASEMENT FOR TERM OF LEASE The CITY OF SALINA, KANSAS, a municipal corporation, ("Grantor"), for valuable consideration, conveys to Nex-Tech Wireless, LLC (“Nex-Tech”): A non-exclusive access easement for the limited purposes of allowing authorized representatives, contractors, and employees of Nex-Tech to have vehicular access across the real estate legally described and depicted on the attached and incorporated Exhibit A (the “Real Estate”) to gain access to and from the adjoining public parking lot and the telecommunications tower lease area leased by Grantor to Nex-Tech (the “Easement”). TERM : The Easement shall be for the same term as the term of that certain Land Lease between the City of Salina, Kansas and Nex-Tech Wireless, LLC, dated August 19, 2013 for the purpose of construction of a telecommunications tower. MAINTENANCE : Grantor acknowledges that the Easement shall not affect the Grantor’s obligation to maintain the Real Estate in the normal course of its ongoing operations and use of the Real Estate and adjoining city-owned property. To the extent Nex-Tech shall make any improvements to or modifications of the Real Estate with the prior written consent of the City, Nex-Tech shall be responsible for maintaining those improvements or modifications. BINDING EFFECT : The Easement shall be binding upon and shall run with the Real Estate. IN WITNESS WHEREOF , the Grantor has hereunto caused this instrument to be executed this _____ day of January 2014. CITY OF SALINA KANSAS ATTEST: By: __________________________________ By: ________________________________ Barbara V. Shirley, Mayor Shandi Wicks, CMC Interim City Clerk ACCEPTANCE NEX-TECH WIRELESS, LLC By: ____________________________________ Date: January __, 2014 Jeff Kisner, Director of Network Operations ACKNOWLEDGEMENTS STATE OF KANSAS, COUNTY OF SALINA, ss: This instrument was acknowledged before me on January ___, 2014, by Barbara V. Shirley as Mayor and Shandi Wicks, CMC, as Interim City Clerk for the City of Salina, Kansas. My appointment expires: _______________________________ Notary Public STATE OF KANSAS, COUNTY OF ELLIS, ss: This instrument was acknowledged before me on January ___, 2014, by Jeff Kisner as Director of Network Operations for Nex-Tech Wireless, LLC. My appointment expires: _______________________________ Notary Public [A real estate sales validation questionnaire is not required pursuance to K.S.A. 79-1437e(a)(13)] -2-