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25B - CELLULAR ANTENNA AT ROSITA PARK
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12/21/2009
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25B - CELLULAR ANTENNA AT ROSITA PARK
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Last modified
8/3/2016 2:57:50 PM
Creation date
12/16/2009 9:58:37 AM
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City Clerk
Doc Type
Agenda Packet
Item #
25B
Date
12/21/2009
Destruction Year
2014
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proceeding which is in any way related to: (i) failure to comply with any environmental <br />or industrial hygiene law, including without limitation any regulations, guidelines, <br />standards, or policies of any governmental authorities regulating or imposing standards of <br />liability or standards of conduct with regard to any environmental or industrial hygiene <br />concerns or conditions as may now or at any time hereafter be in effect, unless such <br />compliance results from conditions caused by LESSEE; and (ii) any environmental or <br />industrial hygiene conditions arising out of or in any way related to the condition of the <br />Property or activities conducted thereon, unless such environmental conditions are caused <br />by LESSEE. <br />31. CASUALTY. In the event of damage by fire or other casualty to the <br />Premises that cannot reasonably be expected to be repaired within sixty (60) days <br />following same or, if the Property is damaged by fire or other casualty so that such <br />damage may reasonably be expected to disrupt LESSEE's operations at the Premises for <br />more than sixty (60) days, then LESSEE may at any time following such fire or other <br />casualty, provided LESSOR has not commenced the restoration required to permit <br />LESSEE to resume its operation at the Premises, terminate this Agreement upon twenty <br />(20) days written notice to LESSOR. Any such notice of termination shall cause this <br />Agreement to expire with the same force and effect as though the date set forth in such <br />notice were the date originally set as the expiration date of this Agreement and the parties <br />shall make an appropriate adjustment, as of such termination date, with respect to <br />payments due to the other under this Agreement. If LESSEE decides not to terminate this <br />Agreement, Rent shall be abated proportionally to the reduction of use. <br />32. CONDEMNATION. In the event of any condemnation of the Premises, <br />LESSEE may terminate this Agreement upon fifteen (15) days written notice to <br />LESSOR. LESSEE may on its own behalf make a claim in any condemnation <br />proceeding involving the Premises for losses related to the antennas, equipment, its <br />relocation costs and its damages and losses, and any other amount recoverable by <br />LESSEE under condemnation law (but not for the loss of its leasehold interest). Any <br />such notice of termination shall cause this Agreement to expire with the same force and <br />effect as though the date set forth in such notice were the date originally set as the <br />expiration date of this Agreement and the parties shall make an appropriate adjustment as <br />of such termination date with respect to payments due to the other under this Agreement. <br />33. SUBMISSION OF LEASE. The submission of this Agreement for <br />examination does not constitute an offer to lease the Premises and this Agreement <br />becomes effective only upon the full execution of this Agreement by the Parties. If any <br />provision herein is invalid, it shall be considered deleted from this Agreement and shall <br />not invalidate the remaining provisions of this Agreement. <br />34. APPLICABLE LAWS. LESSEE shall use the Premises for the use <br />described herein in accordance with applicable laws, rules and regulations. LESSOR <br />agrees to keep the Property in conformance with all applicable, laws, rules and <br />regulations and agrees to reasonably cooperate with LESSEE regarding any compliance <br />required by LESSEE in respect to its use of the Premises. <br />13 <br />Rosita Park <br />25B -15 <br />
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