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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 7 <br />interference.If LESSEE fails to do so, LESSOR has the right to require that LESSEE cease <br />operating LESSEE's Facilities causing such interference (except for intermittent testing to <br />determine the source of the interference) until LESSEE is able to recommence operations <br />without causing such interference. If LESSEE's Facilities interfere with LESSOR's public <br />safety communications operations during an emergency, LESSOR may require that LESSEE <br />immediately cease operating LESSEE's Facilities and if LESSEE fails to do so, LESSOR has the <br />right to shut down the electricity supply to LESSEE's Facilities. LESSEE shall reimburse <br />LESSOR for any actual, reasonable costs that LESSOR incurs to cure any interference with <br />LESSOR's public safety communications operations caused by LESSEE's Facilities. <br />In general, Pre -Existing Communications expressly excluded, the Parties agree that <br />another communications facility within one hundred thirty feet (130') of LESSEE's Facilities or <br />another communications facility operating in the 700 MHz to 2500 MHz frequency range will <br />most likely cause interference and, accordingly, LESSOR will not allow such future uses within <br />this distance or in such frequencies from LESSEE's location without the prior written consent of <br />LESSEE. LESSEE acknowledges that its grant does not exclude other communication facilities <br />on the Property (other than the Premises and a one hundred thirty foot (130') radius from the <br />Premises) and LESSEE agrees to reasonably cooperate with LESSOR and other potential <br />communication facility operators as to their proposed operations not inconsistent with this <br />Agreement. The Parties acknowledge that there will not be an adequate remedy at law for <br />noncompliance with the provisions of this Paragraph and therefore, either Party shall have the <br />right to equitable remedies, such as, without limitation, injunctive relief and specific <br />performance. <br />12. REMOVAL UPON TERMINATION. LESSEE, upon expiration or earlier <br />termination of the Agreement, shall, within ninety (90) days, remove all of LESSEE's fixtures <br />and all personal property and otherwise restore the Premises substantially to its original <br />condition, at LESSEE's sole expense, reasonable wear and tear, and casualty excepted. <br />Underground conduits, foundations and equipment/storage buildings may remain at LESSOR's <br />option. LESSOR agrees and acknowledges that all of the equipment, fixtures and personal <br />property of LESSEE shall remain the personal property of LESSEE and LESSEE shall have the <br />right to remove the same, whether or not said items are considered fixtures and attachments to <br />real property under applicable law. If such time for removal causes LESSEE to remain on the <br />Premises past the aforementioned ninety (90) day period after the expiration or earlier <br />termination of this Agreement, LESSEE shall pay rent at the then existing monthly rate or on the <br />existing monthly pro-rata basis if based upon a longer payment term, until such time as the <br />removal of the building, antenna structure, fixtures and all personal property are completed. <br />Antenna support structure and all utilities cabling and wiring shall remain at LESSOR's option. <br />13. RECORDING. if requested by LESSEE, LESSOR agrees promptly to execute <br />and deliver to LESSEE a recordable Memorandum of Land Lease Agreement in the form of the <br />attached Exhibit "D". LESSEE agrees to execute and record a quitclaim deed or other <br />instrurnent evidencing the termination of LESSEE's interest in the Property within thirty (30) <br />days following LESSEE's receipt of written notice delivered by LESSOR to LESSEE after the <br />expiration or termination of this Agreement. <br />#22948v2 <br />25A-9 <br />
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