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FULL PACKET_2009-12-21
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FULL PACKET_2009-12-21
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1/3/2012 4:12:27 PM
Creation date
12/16/2009 11:28:24 AM
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City Clerk
Doc Type
Agenda Packet
Date
12/21/2009
Destruction Year
2014
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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 /> 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 /> 8 <br /> <br /> Rosita Park <br /> 25B-10 <br /> <br />
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