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AT&T WIRELESS-2001
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AT&T WIRELESS-2001
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Last modified
8/12/2019 11:29:26 AM
Creation date
3/23/2010 6:40:37 PM
Metadata
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Template:
Contracts
Company Name
AT&T WIRELESS
Contract #
A-2001-060
Agency
PARKS, RECREATION, & COMMUNITY SERVICES
Council Approval Date
3/18/2001
Expiration Date
11/15/2021
Insurance Exp Date
4/1/2020
Notes
Includes modification letter dated 12/16/15
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• <br />right to recover rent, additional <br />rent, and all other amounts payable <br />hereunder as they become due. <br />(c) If an Event of Default by Tenant <br />occurs, Landlord shall not have the <br />right prior to the termination of this <br />Lease by a court of competent <br />jurisdiction, to re-enter the <br />Premises and/or remove persons or <br />property from the Premises. <br />19. Compliance With Laws. Tenant agrees that <br />any improvements constructed by Tenant on the <br />Premises and License and the Property and all of <br />Tenant's operations within the Premises and <br />License and the Property shall be in compliance <br />with all applicable laws, codes and regulations. <br />20. Assignment and Subletting. Tenant has an <br />exclusive right to the Premises, but a non- <br />exclusive right to the Property, provided <br />however, Landlord shall have the right to use the <br />Premises for emergency use and/or incidental <br />("City Business"), including but not limited to: <br />minor landscaping, minor maintenance, and <br />minor construction proximately located near the <br />Premises, so long as the City Business does not <br />unreasonably interfere with or impair the <br />operation of Tenant's Communication Facility. <br />This Agreement may be assigned or transferred <br />by the Tenant without any approval or consent of <br />the Landlord only to the Tenant's principal, <br />affiliates, subsidiaries of its principal; to any <br />entity which acquires all or substantially all of <br />Tenant's assets in the market defined by the <br />Federal Communications Commission in which <br />the Property is located by reason of a merger, <br />acquisition or other business reorganization; or <br />to any entity which acquires or receives an <br />interest in the majority of communication towers <br />of the Tenant in the market defined by the <br />Federal Communications Commission in which <br />the Property is located. As to other parties, this <br />Agreement may not be sold, assigned or <br />transferred without the prior written consent of <br />the Landlord. An affiliate of Tenant shall mean <br />any entity which controls or is controlled by, or <br />is under common control of or with Tenant. <br />21. Taxes. Landlord shall pay all real property <br />taxes assessed against the Landlord's Property. <br />Tenant shall pay all personal property taxes <br />assessed against its equipment and all increases <br />in Landlord's real property taxes or assessments <br />directly attributable to installation of Tenant's <br />AT&T C-840 (Downtown Santa Ana) <br />equipment or Tenant's use of the Premises or <br />License. <br />22. Compelled Termination. If during the <br />Lease Term, there is a determination made <br />pursuant to an official unappealable order of a <br />county, state or national governmental health <br />agency having proper jurisdiction that Tenant's <br />use of the Premises poses a human health hazard <br />which cannot be remediated, then (i) Tenant <br />shall immediately cease all operations on the <br />Premises, and (ii) this Lease shall terminate as <br />of the date of such order. <br />23. Landlord's Approval of Architectural and <br />Engineering Drawings: Prior to commencement <br />of any construction, alterations, modifications, or <br />improvements, Tenant agrees to submit <br />architectural and engineering drawings ("Plans") <br />of the equipment to be installed to the Landlord <br />for its approval. Landlord will have a reasonable <br />amount of time upon its receipt of the Plans to <br />disapprove them in writing. Landlord shall not <br />be entitled to receive any additional <br />consideration in exchange for giving its approval <br />of Tenant's Plans. <br />24. Relocation Right. <br />(a) Within the first five (5) years of the <br />Term, Landlord shall have the one-time <br />right, upon development of Landlord's <br />Property for commercial purposes, to <br />relocate Tenant's Communication <br />Facility and any necessary utilities, at <br />Tenant's sole cost and expense, to <br />alternate space within Landlord's <br />Property. Additionally, within the <br />second five (5) years of the Term. <br />Landlord shall have the right to <br />relocate Tenant's Communication <br />Facility and any necessary utilities at <br />Landlord's sole cost and expense to <br />alternate space within the Landlord's <br />Property. Provided, however, that all <br />such relocation shall (1) be performed <br />exclusively by Tenant or its agents, (2) <br />not result in any interruption of the <br />communications service provided by <br />Tenant on Landlord's Property, (3) not <br />impair, or in any manner alter, the <br />quality of communications service <br />provided by Tenant on and from <br />Landlord's Property, and (4) be done in <br />accordance with the terms and <br />conditions contained in subparagraphs <br />(b) and (c) below. Upon relocation of <br />Final - Stadium Lease Agreement <br />Page 6 of 8 <br />
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