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LESSEE shall (a) prior to exercising any right under this Agreement, famish properly execured
<br /> certificates of insurance and additional insured endorsement to LESSOR which shall clearly evidence all coverages
<br /> required above; (b) provide that such insurmnce shall not have its required limits reduced or tcnninatzd except on
<br /> thirty (30) days prior written notice to LESSOR; (c) maintain such insurance for the period covered by this
<br /> Agreement; and (d) replace such cenificales for policies expiring prior to the expiration of this Agreement.
<br /> 13. INTER F'ER ENCE. LESSEE'S Facilities shall not disturb the communications configurations,
<br /> equipment, and frequency, which mist on the Property on the date this Agreement is fully executed ("Pre-Existing
<br /> Communications"), or public safety communication operations, as may be upgraded periodically, and LESSEE'S
<br /> Facilities shall comply with all nun-interference rules of the Federal Communications Commission ("FC(:"').
<br /> LESSOR shall not use, or permit the use ol', any portion of the Property in any way, which interferes with LESSEE'S
<br /> use of the Premises ur encroaches upon the Premises. In addition to any other rights LESSEE may have hereunder,
<br /> LESSEE shall hove the right to bring legal action to enjoin such interference against the party causing any alleged
<br /> interference and/or immediately terminate this Agreement. Notwithstanding the foregoing, Pre-Existing
<br /> Connnunicotions operating in the same manner as on thz date this Agreement is fully execued shell not be deemed
<br /> interference. LESSOR shell raga"ve any future tenants, assignees, licensees, or occupants using any portion of the
<br /> Property Cor the operation of mobile/wireless or radio communications facilities [o comply with the provisions of
<br /> this Section and shall obtain LESSEE'S wrieen consent prior to allowing such use of the Propert}', which such
<br /> consent shall not be tuveasonably withheld, conditioned, or delayed, provided that LESSEE'S consent may be
<br /> withheld if interference with LESSEE'S transmissions, receptions, operations, or use of frequency will result due to
<br /> such use, whether or not such inerferenee is with LESSEES Geyuencies or otherwise. "fhe City Manager shall
<br /> determine whether consent is unreasonably withheld and may require LESSEE to consent subject to the above
<br /> conditions.
<br /> In the event of any interkrence with LESSOR'S public salary communications operations, LESSEE shall
<br /> have twenty-four (24) hours after receipt of notice to cure the interference, mtd if LESSEE fails m do so, LESSOR
<br /> has the right to require that LESSEE cease operating LESSEE'S Facilities (except for intermittent testing to
<br /> determine the source of the interference) until LESSEE is able m recommence operations without causing such
<br /> interference. If LESSEE'S Facilities interfere with LESSOR'S public safety communications operations during an
<br /> emergency, LESSOR may require shat LESSEE immediately cease operating LESSEE'S Facilities and if LESSEE
<br /> fails to do so, LESSOR has thr 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 interference wish LESSOR'S
<br /> public safety communications operations caused by LESSEE'S Facilities.
<br /> 14. REMOVAL_41PON TERMINATION. LESSEE, upon expiration or earlier termination of the
<br /> Agreement, shall, within ninety (90) days, remove all of LESSEGs fixtures and all personal properly end otherwise
<br /> restore the Premises substantially to its original condition, al LESSEE'S sole expense, reasonable wear and tear, and
<br /> casualty excepted. Underground conduits, foundations and equipmendstorage buildings may remain al LESSOR'S
<br /> option. LESSOR agrees and acknowledges that all of the equipment, fixtures and personal property of LL•SSEG
<br /> shall remain the persowl property of LESSEE end LESSEE shall have the right to remove the same, whether or nut
<br /> said items are considered fixtures and attachments to real property under applicable law. If such time for removal
<br /> causes LESSEE to remain on the Premises past the aforementioned ninety (90) day period after the expiration or
<br /> carlirr temtination of this Agreement, LESSEE shall pay rent al the thrn existing monthly mte or on the existing
<br /> monthly pro-mla basis if based upon a longer payment term, until such time es the removal of dtc building, antenna
<br /> strucwrc, fixtures and all personal properly are completed. Antenna support structure and all utilities cabling and
<br /> wiring shall remain at LESSOR'S option in its as-is condition. '
<br /> I5. RECORDING AND QUITCLAIM DECD. If requested by LESSEE, LESSOR agrees promptly to
<br /> execute and deliver to LESSEE a recordable Memorandum of this Land Lease Agreement in the form of Exhibit
<br /> "F". LESSEE agrees to execute and record a quitclaim deed or other instrument evidencing dtc termination of
<br /> LESSF.E's interest in the Property upon the expiration or temtinalion of this Agreen+enl.
<br /> 16. RIGHTS UPON SALE. Should the LESSOR, at any time during the term of this Agreement,
<br /> decide to sell all or any pan of the Property to a purchaser other than LESSEE, such sale shall be under and subject
<br /> to this Agreement and LESSEES rights hereunder, end any sale by the LESSOR of the portion of this Property
<br /> underlying the right-of-way herein granted shall be under and subject to the right of LESSEE in and to such
<br /> right•of-way. LESSOR shall obtain For the benelit of LESSEE a reasonable non-disturbance agreemem from the
<br /> present and any (uwre mortgagee(s) or holder(s) of a deed of trust confirming that LESSEE'S right to yuicr
<br /> liu b: LA 7}a75A 4
<br /> Sim Namc: AJams Park
<br /> Dem. 04/?7i^_010
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