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25G - CELLULAR ANTENNA AT ROSITA PARK
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09/08/2009
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25G - CELLULAR ANTENNA AT ROSITA PARK
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1/3/2012 4:16:59 PM
Creation date
9/2/2009 11:37:47 AM
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City Clerk
Doc Type
Agenda Packet
Item #
25G
Date
9/8/2009
Destruction Year
2014
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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 Agreement. <br />16. RIGHTS UPON SALE. Should the LESSOR, at any time during the term <br />of this Agreement, decide to sell all or any part of the Property to a purchaser other than <br />LESSEE, such sale shall be under and subject to this Agreement and LESSEE's rights <br />hereunder, and any sale by the LESSOR of the portion of this Property underlying the <br />right-of--way herein granted shall be under and subject to the right of LESSEE in and to <br />such right-of--way. LESSOR shall obtain for the benefit of LESSEE a reasonable <br />non-disturbance agreement from the present and any future mortgagee(s) or holder(s) of a <br />deed of trust confirming that LESSEE's right to quiet possession of the Premises during <br />this Agreement shall not be disturbed, so long as LESSEE is not in default under this <br />Agreement. <br />17. QUIET ENJOYMENT. LESSOR covenants that LESSEE, on paying the <br />rent and performing the covenants shall peaceably and quietly have, hold and enjoy the <br />Premises, provided however, that LESSOR shall have the right and privilege to conduct <br />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, <br />concessionaires, and City sponsored events, located near the Premises, so long as the City <br />Business does not interfere with or impair the operation of LESSEE's Facilities. <br />18. TITLE. LESSOR covenants that LESSOR is seized of good and sufficient <br />title and interest to the Property and has full authority to enter into and execute this <br />Agreement. LESSOR further covenants that there are no other liens, judgments or <br />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 <br />by LESSEE as set forth above. <br />19. NO LIENS. LESSEE will not permit any mechanics' or materialmen's <br />liens on the Property for any labor or material furnished to LESSEE in connection with <br />work performed. LESSEE shall have the right to contest the validity, nature, or amount <br />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 <br />released at its own expense. If LESSEE desires to contest any such lien, then prior to <br />commencing such contest, it will post a bond, where necessary, to release the lien. <br />20. MISCELLANEOUS LESSEE RESPONSIBILITIES. <br />A. Maximum Permissible Exposure -LESSEE shall comply with all <br />present and future laws, orders and regulations relating to Maximum Permissible <br />Exposure ("MPE") and other related health issues directly applicable to its operation of <br />LESSEE'S Facilities, as well as the American National Standards Institute (ANSI) <br />standards. Without limiting the provisions of LESSEE'S indemnity contained herein, <br />LESSEE, on behalf of itself and its successors and assigns, shall indemnify LESSOR <br />25G-13 <br />
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