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on the date this Agreement is fully executed ( "Pre- Existing Communications "), or public <br />safety communication operations, as may be upgraded periodically, and LESSEE's <br />Facilities shall comply with all non - interference rules of the Federal Communications <br />Commission ( "FCC "). LESSOR shall not use, or permit the use of, any portion of the <br />Property in any way, which interferes with LESSEE's use of the Premises or encroaches <br />upon the Premises. In addition to any other rights LESSEE may have hereunder, <br />LESSEE shall have the right to bring legal action to enjoin such interference against the <br />party causing any alleged interference and /or immediately terminate this Agreement. <br />Notwithstanding the foregoing, Pre - Existing Communications operating in the same <br />manner as on the date this Agreement is fully executed shall not be deemed interference. <br />LESSOR shall require any future tenants, assignees, licensees, or occupants using any <br />portion of the Property for the operation of mobile /wireless or radio communications <br />facilities to comply with the provisions of this Section and shall obtain LESSEE's written <br />consent prior to allowing such use of the Property, which such consent shall not be <br />unreasonably withheld, conditioned, or delayed, provided that LESSEE's consent may be <br />withheld if interference with LESSEE's transmissions, receptions, operations, or use of <br />frequency will result due to such use, whether or not such interference is with LESSEE's <br />frequencies or otherwise. The City Manager shall determine whether consent is <br />unreasonably withheld and may require LESSEE to consent subject to the above <br />conditions. <br />In the event of any interference with LESSOR's public safety communications <br />operations, LESSEE shall have twenty -four (24) hours after receipt of notice to cure the <br />interference, and if LESSEE fails to do so, LESSOR has the right to require that LESSEE <br />cease operating LESSEE's Facilities (except for intermittent testing to determine the <br />source of the interference) until LESSEE is able to recommence operations without <br />causing such interference. If LESSEE's Facilities interfere with LESSOR's public safety <br />communications operations during an emergency, LESSOR may require that LESSEE <br />immediately cease operating LESSEE's Facilities and if LESSEE fails to do so, LESSOR <br />has the right to shutdown the electricity supply to LESSEE's Facilities. LESSEE shall <br />reimburse LESSOR for any actual, reasonable costs that LESSOR incurs to cure any <br />interference with LESSOR's public safety communications operations caused by <br />LESSEE's Facilities. <br />14. REMOVAL UPON TERMINATION. LESSEE, upon expiration or <br />earlier termination of the Agreement, shall, within ninety (90) days, remove all of <br />LESSEE's fixtures and all personal property and otherwise restore the Premises <br />substantially to its original condition, at LESSEE's sole expense, reasonable wear and <br />tear, and casualty excepted. Underground conduits, foundations and equipment/storage <br />buildings may remain at LESSOR's option. LESSOR agrees and acknowledges that all <br />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 <br />not said items are considered fixtures and attachments to real property under applicable <br />law. If such time for removal causes LESSEE to remain on the Premises past the <br />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 <br />6 <br />Rosita Park <br />•� <br />