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<br />acknowledges that all of the equipment, fIxtures and personal property of the LESSEE shall remain the personal <br />property of the LESSEE and the LESSEE shall have the right to remove the same, whether or not said items are <br />considered fIxtutes and attachments to real property under applicable law until the term said lease expires, at said <br />expiration, if LESSOR exercises its option to cause said fixtures, underground conduits and foundations to remain said <br />items shall become the property of the LESSOR. Notwithstanding the foregoing, in the event Landlord requires Tenant <br />to leave its equipment shelter upon Tenant's termination, Landlord shall accept title thereto in its "AS-IS" and <br />"WHERE-IS" condition, without any representations or warranties of any kind, except for any manufactuter's <br />warranty(ies), if available. If such time for removal causes LESSEE to remain on the Premises after termination of this <br />Agreement, LESSEE shall pay rent at the then existing monthly rate or on the existing monthly pro-rata basis if based <br />upon a longer payment term, until such time as the removal of the building, antenna structure, fixtutes and all personal <br />property are completed. Antenna support structure and all utilities cabling and wiring shall remain at LESSOR's <br />option. <br /> <br />16. RECORDING AND OUlTCLAIM DEED. If requested by LESSEE, LESSOR agrees promptly to <br />execute and deliver to LESSEE a recordable Memorandum of this Land Lease Agreement in the form of Exhibit "F". <br />LESSEE agrees to execute and record a quitclaim deed or other instrument evidencing the termination of LESSEE's <br />interest in the Property upon the expiration or termination of this Lease. <br /> <br />17. RIGHTS UPON SALE. Should the LESSOR, at any time during the term of this Agreement, <br />decide to sell all or any part of the Property to a purchaser other than LESSEE, such sale shall be under and subject to <br />this Agreement and LESSEE's rights hereunder, and any sale by the LESSOR of the portion of this Property underlying <br />the right-of-way herein granted shall be under and subject to the right of the LESSEE in and to such right-of-way. <br /> <br />18. OUlET ENJOYMENT. LESSOR covenants that LESSEE, on paying the rent and performing the <br />covenants shall peaceably and quietly have, hold and enjoy the Premises, provided however, that LESSOR shall have <br />the right and privilege to conduct City business on the Property, as necessary. "City business" shall include, but not be <br />limited to the following: minor maintenance, minor landscaping, minor construction, concessionaires, and City <br />sponsored events, located near the Premises, so long as the City business does not interfere with or impair the operation <br />of LESSOR's Facility. <br /> <br />19. TITLE. LESSOR covenants that LESSOR is seized of good and sufficient title and interest to the <br />Property and has full authority to enter into and execute this Agreement. LESSOR further covenants that there are no <br />other liens, judgments or impediments of title on the Property or affecting LESSOR's title to the same and that there are <br />no covenants, easements or restrictions which prevent the use of the Premises by the LESSEE as set forth above. <br /> <br />20. NO LIENS. LESSEE will not permit any mecharrics' or materialmen's liens on the Property for <br />any labor or material furnished to LESSEE in connection with work performed. LESSEE shall have the right to contest <br />the validity, nature, or amount of any such lien but, upon the fInal determination of such questions, shall immediately <br />pay any adverse judgment rendered with all proper costs and charges and have the lien released at its own expense. If <br />LESSEE desires to contest any such lien, then prior to commencing such contest, it will post a bond, where necessary, to <br />release the lien. <br /> <br />21. <br /> <br />MISCELLANEOUS LESSEE RESPONSIBILITIES. <br /> <br />a. Electromagnetic Fields. LESSEE shall comply with all present and future laws, orders and <br />regulations relating to Electromagnetic Fields ("EMFs") and other related health issues directly applicable to its <br />operation of the Facility, as well as the American National Standards Institute (ANSI) standards. Without limiting the <br />provisions of LESSEE's indemnity contained herein, LESSEE, on behalf of itself and its successors and assigns, shall <br />indemnifY LESSOR ITom and against all claims of personal injuries due to EMF's to the extent such personal injuries <br />are actually caused by LESSEE's Facilities on the Premises. <br /> <br />b. LESSEE shall maintain LESSEE's Facilities and shall make all repairs to the Premises <br />necessitated require LESSEE to make repairs to and/or replace damaged equipment and or any parts thereto regardless <br />of fault (including but not limited to damage caused by vandalism or acts of god not later than one week after said <br />damage is reported to LESSEE. This time period may be extended with written authorization ITom the Executive <br /> <br />5 <br /> <br />~v <br />r¡)IL <br /> <br />CA 7007D Lease 8-11-04 tg rg <br />