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25E - CELLULAR ANTENNA - ADAMS PARK
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07/19/2010
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25E - CELLULAR ANTENNA - ADAMS PARK
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Last modified
1/3/2012 4:02:06 PM
Creation date
7/15/2010 1:25:08 PM
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City Clerk
Doc Type
Agenda Packet
Item #
25E
Date
7/19/2010
Destruction Year
2015
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possession of the Premises during this Agreement shall not be disturbed, so long as LESSEE is nut in default under <br /> this Agreement. <br /> 17. OUIf;T ENJOYMENT. LESSOR covenants that LESSEE, an paying the rent and performing the <br /> covenants shall peaceably and quietly have, hold and enjoy the Premises, provided however, that LESSOR shall <br /> have the right and privilege to conduct City Business on the Property, as necessary. "City Business" shall include, <br /> but nut be limited to the following: minor maintenance, minor landscaping, minor construction, concessionaires, <br /> and City sponsored events, located near the Premises, so long as the City Business dots not interfere with or impair <br /> the operation of LL•SSGE's Facilities. <br /> I8. TITLE. LESSOR covensnts that LESS(7R is seized of good and sufficiem tide and interest to the <br /> Properly and has full authority to enter into end execute this Agreement. LESSOR funkier covenants that there are <br /> no other liens, judgments or impediments of title on the Property or aflbcting LESSOR'S title to the same and Thal <br /> there arc no covenants-, easements or restrictions which prevent the use of the Premises by LESSEE us set forth <br /> abovo. <br /> 19. NO LIEN. LESSEE will not pemtit any mechanics' or materialmen's liens nn the Property for <br /> any labor or nracerial famished to LESSF,E in connection with work performed. LESSEE shall have the right to <br /> contest the validity, nature, or amount of any such lien but, upon the final determinmion of such questions, shall <br /> immediarely pay any adverse judgmem rendered with all proper costs and charges and have the lien released at its <br /> own expense. If LL'SSEE desires to contest any such lien, then prior to commencing such contest, it will post a <br /> bond, where necessary, to release the lien. <br /> ?(1. MISCE LLANF.OUS LESSEE RF,SPQN}IIi1Ll_I'I ES. <br /> A. Maximum Permissible Exposure - LESSEE shall comply with all present and future <br /> laws, orders and regulations relating to Maximum Permissible Exposure (`MPE'~ and other related health issues <br /> directly applicable to its operation of LESSEE'S Facilities, as well as the American National Standards Institute <br /> <br /> (ANSI) standards. Without limiting the provisions of LESSEE'S indemnity contained herein, LESSEE, on behalf of <br /> iuel(and its successors and assigns, shall indemnify LESSOR from and against all claims of personal injuries due ur <br /> violation o(MPG to the extent such personal injuries arc actually caused by LF,SSEE's Facilities on the Premises. <br /> B. LESSEE shall mainwin LESSEE'S Facilities and shall make all repairs to the Premises <br /> necessitated to keep the Premises safe. LESSON may require LESSEE to make repairs to endlor replace damaged <br /> <br /> equipment of LGSSL"E's Facilities and/or any pans thereto regardless of Fault (including but not limited to damage <br /> <br /> cauxd by vundahsm or acts of god not later than one (I) week after said damage is reported to LESSF,E, except for <br /> <br /> damage caused by LESSOR. This time period may be extended with written authorization from the City Manager. <br /> In the event such authorization is not given and repairs are not made in one week, LESSOR may cause such repairs <br /> Io be made including making said repairs andJor hiring a consultant to make said repairs. LESSOR may charge <br /> <br /> LESSEE For the cost of said services. Damage caused by graffiti shall be removed within forty-eight (48) hours <br /> <br /> notification to LESSEE by LESSOR. If said graffiti is not removed within the 48-hour period, City may remove <br /> <br /> said graffiti and bill LESSEE for the cost of services. <br /> C LESSEE shall pay all personal property taxes assessed directly against its equipmem and <br /> <br /> all increases in LESSOR'S real property taxes or assessments directly attributable to installation of LESSEE'S <br /> <br /> equipmem or LESSEE'S use of the Premises, within sixty (60) days aRer receipt of satisfactory documentation <br /> indicating calculmion of LESSEE'S share of such roal astute tuxes and proof of payment provided that such amounts <br /> <br /> are in fact due within the said sixty (60)-day period. LESSEE has the right to challenge any unrwsonable lax <br /> <br /> acscssmcnt. <br /> D. LESSOR grants LESSEE the right to obtain utilities for the operation of LESSEE'S <br /> Facilities. LESSEE shall be responsible directly to the serving entities for any and all utilities required by LESSF. F, <br /> for its use of the Premises. LESSOR shall cooperate wish LESSEE in its elforLS to obtain utilities from any Iceation <br /> <br /> provided by LESSOR or the servicing utility, including signing any easement or other instrument reasonably <br /> <br /> required by the wilily company. <br /> E. LESSEE shall have the right ur replace or repair its equipment or arty portion thereof <br /> <br /> during the tcmt of this Agreemem. LESSEE will maintain the Premises in a good condition, reasonable wear and <br /> <br /> tear excepted. <br /> <br /> Sim q: I-AAx75A $ <br /> <br /> Sire Name Adunu Park <br /> ?alc na,':7/2eln <br /> G _7 <br /> <br />
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