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OMNIPOINT COMMUNICATIONS INC. (T-MOBILE) -2008
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OMNIPOINT COMMUNICATIONS INC. (T-MOBILE) -2008
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Last modified
3/23/2017 10:38:48 AM
Creation date
6/24/2008 3:49:55 PM
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Contracts
Company Name
OMNIPOINT COMMUNICATIONS INC. (T-MOBILE)
Contract #
A-2008-087
Agency
Community Development
Council Approval Date
5/5/2008
Expiration Date
10/1/2017
Insurance Exp Date
5/1/2009
Destruction Year
2021
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possession of the Premises during this Agreement shall not be disturbed, so long as LESSEE is not in default under <br />this Agreement. <br />17. QUIET 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. "City Business" shall include, <br />but not be limited to the following: minor maintenance, minor landscaping, minor construction, concessionaires, <br />and City sponsored events, located near the Premises, so long as the City Business does not interfere with or impair <br />the operation of LESSEE's Facilities. <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 />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, shall <br />immediately pay any adverse judgment rendered with all proper costs and charges and have the lien released at its <br />own expense. If LESSEE desires to contest any such lien, then prior to commencing such contest, it will post a <br />bond, where necessary, to release the lien. <br />20. MISCELLANEOUS LESSEE RESPONSIBILITIES. <br />A. Maximum Permissible Exposure - LESSEE shall comply with all present and future <br />laws, orders and regulations relating to Maximum Permissible Exposure ("MPE") and other related health issues <br />directly applicable to its operation of LESSEE's Facilities, as well as the American National Standards Institute <br />(ANSI) standards. Without limiting the provisions of LESSEE's indemnity contained herein, LESSEE, on behalf of <br />itself and its successors and assigns, shall indemnify LESSOR from and against all claims of personal injuries due to <br />violation of MPE to the extent such personal injuries are actually caused by LESSEE's Facilities on the Premises. <br />B. LESSEE shall maintain LESSEE's Facilities and shall make all repairs to the Premises <br />necessitated to keep the Premises safe. LESSOR may require LESSEE to make repairs to and/or replace damaged <br />equipment of LESSEE's Facilities and/or any parts thereto regardless of fault (including but not limited to damage <br />caused by vandalism or acts of god not later than one (1) week after said damage is reported to LESSEE, except for <br />damage caused by LESSOR. This time period may be extended with written authorization from the Fire Chief. In <br />the event such authorization is not given and repairs are not made in one week, LESSOR may cause such repairs to <br />be made including making said repairs and/or hiring a consultant to make said repairs. LESSOR may charge <br />LESSEE for the cost of said services. Damage caused by graffiti shall be removed within forty-eight (48) hours <br />notification to LESSEE by LESSOR. If said graffiti is not removed within the 48-hour period, City may remove <br />said graffiti and bill LESSEE for the cost of services. <br />C. LESSEE shall pay all personal property taxes assessed directly against its equipment and <br />all increases in LESSOR's real property taxes or assessments directly attributable to installation of LESSEE's <br />equipment or LESSEE's use of the Premises, within sixty (60) days after receipt of satisfactory documentation <br />indicating calculation of LESSEE's share of such real estate taxes and proof of payment provided that such amounts <br />are in fact due within the said sixty (60) day period. LESSEE has the right to challenge any unreasonable tax <br />assessment. <br />D. LESSOR grants LESSEE the right to obtain utilities for the operation of LESSEE's <br />Facilities. LESSEE shall be responsible directly to the serving entities for any and all utilities required by LESSEE <br />for its use of the Premises. LESSOR shall cooperate with LESSEE in its efforts to obtain utilities from any location <br />provided by LESSOR or the servicing utility, including signing any easement or other instrument reasonably <br />required by the utility company. <br />E. LESSEE shall have the right to replace or repair its equipment or any portion thereof <br />during the tern of this Agreement. LESSEE will maintain the Premises in a good condition, reasonable wear and <br />tear excepted. <br />Site #: LA02899D 5 <br />Site Name: SC450 Fire Station <br />Market: California
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