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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
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9/2/2009 11:37:47 AM
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City Clerk
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Agenda Packet
Item #
25G
Date
9/8/2009
Destruction Year
2014
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from and against all claims of personal injuries due to violation of MPE to the extent such <br />personal injuries are actually caused by LESSEE's Facilities on the Premises. <br />B. LESSEE shall maintain LESSEE'S Facilities and shall make all <br />repairs to the Premises necessitated to keep the Premises safe. LESSOR may require <br />LESSEE to make repairs to and/or replace damaged equipment of LESSEE's Facilities <br />and/or any parts thereto regardless of fault (including but not limited to damage caused <br />by vandalism or acts of god not later than one (1) week after said damage is reported to <br />LESSEE, except for damage caused by LESSOR. This time period may be extended <br />with written authorization from the City Manager. In the event such authorization is not <br />given and repairs are not made in one week, LESSOR may cause such repairs to be made <br />including making said repairs and/or hiring a consultant to make said repairs. LESSOR <br />may charge LESSEE for the cost of said services. Damage caused by graffiti shall be <br />removed within forty-eight (48) hours notification to LESSEE by LESSOR. If said <br />graffiti is not removed within the 48-hour period, City may remove said graffiti and bill <br />LESSEE for the cost of services. <br />C. LESSEE shall pay all personal property taxes assessed directly <br />against its equipment and all increases in LESSOR'S real property taxes or assessments <br />directly attributable to installation of LESSEE's equipment or LESSEE'S use of the <br />Premises, within sixty (60) days after receipt of satisfactory documentation indicating <br />calculation of LESSEE's share of such real estate taxes and proof of payment provided <br />that such amounts are in fact due within the said sixty (60) day period. LESSEE has the <br />right to challenge any unreasonable tax assessment. <br />D. LESSOR grants LESSEE the right to obtain utilities for the <br />operation of LESSEE'S Facilities. LESSEE shall be responsible directly to the serving <br />entities for any and all utilities required by LESSEE for its use of the Premises. LESSOR <br />shall cooperate with LESSEE in its efforts to obtain utilities from any location provided <br />by LESSOR or the servicing utility, including signing any easement or other instrument <br />reasonably required by the utility company. <br />E. LESSEE shall have the right to replace or repair its equipment or <br />any portion thereof during the term of this Agreement. LESSEE will maintain the <br />Premises in a good condition, reasonable wear and tear excepted. <br />21. EMERGENCY USE OF SITE. LESSEE shall make available to the <br />police, fire and emergency services of the City of Santa Ana space on its communications <br />tower at no cost to LESSEE or said entities, subject to structural analysis. The City of <br />Santa Ana is responsible for maintaining its own equipment. The space to be made <br />available will not create interference with LESSEE's communications operations. As to <br />any future subleases, their respective installations will be permitted only at such locations <br />that will not cause interference with LESSEE or LESSOR and the City's operations. The <br />City entities will be afforded 24-hour access to its equipment at the Property. In addition, <br />the City will be provided "power backup" by LESSEE, if available at the Premises. <br />25G-14 <br />
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