|
<br />Communications") and LESSEE's Facilities shall comply with all non-interference rules of the Federal
<br />Communications Commission ("FCC"). LESSOR shall not use, or permit the use of, any portion of the Property in
<br />any way, which interferes with LESSEE's use of the Premises or encroaches upon the Premises. In addition to any
<br />other rights LESSEE may have hereunder, LESSEE shall have the right to bring legal action to enjoin such
<br />interference against the party causing any alleged interference andlor immediately terminate this Agreement.
<br />Notwithstanding the foregoing, Pre-Existing Communications operating in the same manner as on the date this
<br />Agreement is fully executed shall not be deemed interference. LESSOR shall require any future tenants, assignees,
<br />licensees, or occupants using any portion of the Property for the operation of mobile/wireless or radio
<br />communications facilities to comply with the provisions of this Section and shall obtain LESSEE's written consent
<br />prior to allowing such use of the Property, which such consent shall not be unreasonably withheld, conditioned, or
<br />delayed, provided that LESSEE's consent may be withheld if interference with LESSEE's transmissions, receptions,
<br />operations, or use of frequency will result due to such use, whether or not such interference is with LESSEE's
<br />frequencies or otherwise. The Executive Director of Parks shall determine whether consent is umeasonably
<br />withheld and may require LESSEE to consent subject to the above conditions.
<br />
<br />14. REMOVAL UPON TERMINATION. LESSEE, upon expiration or earlier termination of the
<br />Agreement, shall, within ninety (90) days, remove all of LESSEE's fixtures and all personal property and otherwise
<br />restore the Premises substantially to its original condition, at LESSEE's sole expense, reasonable wear and tear, and
<br />casualty excepted. Underground conduits and foundations may remain at LESSOR's option. LESSOR agrees and
<br />acknowledges that all of the equipment, fixtures and personal property of LESSEE shall remain the personal
<br />property of LESSEE and LESSEE shall have the right to remove the same, whether or not said items are considered
<br />fixtures and attachments to real property under applicable law. If such time for removal causes LESSEE to remain
<br />on the Premises past the aforementioned ninety (90) day period after the expiration or earlier termination of this
<br />Agreement, LESSEE shall pay rent at the then existing monthly rate or on the existing monthly pro-rata basis if
<br />based upon a longer payment term, until such time as the removal of the building, antenna structure, fixtures and all
<br />personal property are completed. Antenna support structure and all utilities cabling and wiring shall remain at
<br />LESSOR's option in as-is condition.
<br />
<br />IS. RECORDING AND OUITCLAIM 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
<br />"F". LESSEE agrees to execute and record a quitclaim deed or other instrument evidencing the termination of
<br />LESSEE's interest in the Property upon the expiration or termination of this Agreement.
<br />
<br />16. 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
<br />to this Agreement and LESSEE's rights hereunder, and any sale by the LESSOR of the portion of this Property
<br />underlying the right-of-way herein granted shall be under and subject to the right of LESSEE in and to such
<br />right-of-way. LESSOR shall obtain for the benefit of LESSEE a reasonable non-disturbance agreement from the
<br />present and any future mortgagee(s) or holder(s) of a deed of trust confirming that LESSEE's right to quiet
<br />possession of the Premises during this Agreement shall not be disturbed, so long as LESSEE is not in default under
<br />this Agreement.
<br />
<br />17. OUIET 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
<br />have the right and privilege to conduct City Business on the Property, as necessary and to lease Tower 2, as set forth
<br />in Paragraph 25, below. "City Business" shall include, but not be limited to the following: minor maintenance,
<br />minor landscaping, minor construction) concessionaires, and City sponsored events, located near the Premises, so
<br />long as the City Business does not interfere with or impair the operation of LESSEE's Facilities.
<br />
<br />18. 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
<br />no other liens, judgments or impediments of title on the Property or affecting LESSOR's title to the same and that
<br />there are no covenants, easements or restrictions which prevent the use of the Premises by LESSEE as set forth
<br />above.
<br />
<br />19. NO LIENS. LESSEE will not permit any mechanics' 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
<br />contest the validity, nature, or amount of any such lien but, upon the final determination of such questions, shaH
<br />immediately pay any adverse judgment rendered with all proper costs and charges and have the lien released at its
<br />
<br />Site It: LA03010A
<br />Site Name: TMOIO Jerome Park
<br />Market: California
<br />
<br />4
<br />
|