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25A - AGMT FOR STADIUM WIFI
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25A - AGMT FOR STADIUM WIFI
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Last modified
11/12/2020 5:28:02 PM
Creation date
11/12/2020 3:17:33 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Parks, Recreation, & Community Services
Item #
25A
Date
11/17/2020
Destruction Year
2025
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Exhibit 1 <br />b. Thereafter, each subsequent renewal shall be subject to the following <br />procedure: if LESSEE determines that it desires to extend the term, LESSEE shall provide <br />written notice six (6) months prior to the end of the then -current term. Within sixty (60) days of <br />receipt of LESSEE's notice, LESSOR shall determine whether such extension is in LESSOR's <br />best interest and, if not in LESSOR's interest, LESSOR shall deny such extension request. <br />If LESSOR does not respond within sixty (60) days, the Agreement is deemed renewed <br />for an additional Renewal Term. If neither Party provides notice as set forth above, the <br />Agreement shall continue on a month -to -month basis. <br />6. GOVERNMENTAL APPROVALS. It is understood and agreed that LESSEE's <br />ability to use the Premises is contingent upon its obtaining and maintaining all of the certificates, <br />permits and other approvals (collectively the "Governmental Approvals") that may be required <br />by any Federal, State or local authorities. LESSOR shall cooperate with LESSEE in its effort to <br />obtain such approvals and shall take no action, which would adversely affect that status of the <br />Property with respect to the proposed use by LESSEE. <br />In the event that any Governmental Approval issued to LESSEE is canceled, expires, <br />lapses, or is otherwise withdrawn or terminated by the governmental authority, LESSEE shall <br />have the right to terminate this Agreement. Notice of LESSEE's exercise of its right to terminate <br />shall be given to LESSOR in writing by certified mail, return receipt requested, and shall be <br />effective upon the mailing of such notice by LESSEE. All rentals paid to said termination date <br />shall be retained by the LESSOR. Upon such termination, this Agreement shall become null and <br />void and all the Parties shall have no further obligations including the payment of money, to each <br />other. <br />7. ROUTINE MAINTENANCE AND REPAIRS. LESSEE maintains the right to <br />perform routine maintenance, repairs, additions, replacements and upgrades without LESSOR <br />approval when no changes to the exterior appearance of LESSEE Facilities previously approved <br />pursuant to the Prior Lease are made. <br />8. USE/MAINTENANCE. LESSEE may use the Premises for any lawful activity in <br />connection with the provisions of mobile/wireless communications services, including without <br />limitation, the transmission and the reception of communication signals on various frequencies <br />and the construction, maintenance, and operation of related communications facilities. <br />Accordingly, LESSEE shall have the right to maintain, repair, and operate on the Premises <br />communications facilities, including but not limited to, frequency transmitting and receiving <br />equipment, batteries, utility lines, transmission lines, frequency transmitting and receiving <br />antennas and supporting structures and improvements ("LESSEE's Facilities"). Subject to <br />Section 7 above, all new improvements shall be at LESSEE's sole expense and the installation of <br />all new improvements shall be at the discretion and option of LESSEE, with LESSOR approval, <br />which approval shall not be unreasonably withheld, delayed or conditioned. Said approval shall <br />be obtained from LESSOR prior to commencement of any alterations, modifications or <br />improvements by LESSEE submitting architectural and engineering drawings ("Plans") as <br />determined necessary by LESSOR or applicable law or City building specifications for any <br />alterations, modifications or improvements that propose any changes to the exterior of <br />LESSEE'S Facilities. LESSEE agrees that any alteration, maintenance, modifications or <br />#22948v2 <br />25A-5 <br />
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