|
LESSEE shall: (a) prior to exercising any right under this Agreement, fiumish properly executed
<br />certificates of insurance and additional insured endorsement to LESSOR which shall clearly evidence all coverages
<br />required above; (b) provide that such insurance shall not have its required limits reduced or terminated 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 certificates for policies expiring prior to the expiration of this Agreement.
<br />13. INTERFERENCE. LESSEE's Facilities shall not disturb the communications configurations,
<br />equipment, and frequency, which exist 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 non-interference rules of the Federal Communications Commission ("FCC").
<br />LESSOR shall not use, or permit the use of, any portion of the Property in any way, which interferes with LESSEE's
<br />use of the Premises or encroaches 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 party causing any alleged
<br />interference and/or immediately terminate this Agreement. Notwithstanding the foregoing, Pre -Existing
<br />Communications operating in the same manner as on the date this Agreement is fully executed shall not be deemed
<br />interference. LESSOR shall require any future tenants, assignees, licensees, or occupants using any portion of the
<br />Property for the operation of mobile/wireless or radio communications facilities to comply with the provisions of
<br />this Section and shall obtain LESSEE's written consent prior to allowing such use of the Property, which such
<br />consent shall not be 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 frequency will result due to
<br />such use, whether or not such interference is with LESSEE's frequencies or otherwise. The 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 interference with LESSOR's public safety communications operations, LESSEE shall
<br />have twenty-four (24) hours after receipt of notice to cure the interference, and if LESSEE fails to 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 to 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 that LESSEE immediately cease operating LESSEE's Facilities and if LESSEE
<br />fails to do so, LESSOR 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 interference with LESSOR's
<br />public safety communications operations caused by LESSEE's Facilities.
<br />14. REMOVAL UPON TERMINATION. LESSEE, upon expiration or earlier termination of the
<br />Agreement, shall, within ninety (90) days, remove all of LESSEE's fixtures and all personal property and otherwise
<br />restore the Premises substantially to its original condition, at LESSEE's sole expense, reasonable wear and tear, and
<br />casualty excepted. Underground conduits, foundations and equipment/storage buildings may remain at LESSOR's
<br />option. LESSOR agrees and acknowledges that all of the equipment, fixtures and personal property of LESSEE
<br />shall remain the personal property of LESSEE and LESSEE shall have the right to remove the same, whether or not
<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 />earlier termination of this Agreement, LESSEE shall pay rent at the then existing monthly rate or on the existing
<br />monthly pro-rata basis if based upon a longer payment term, until such time as the removal of the building, antenna
<br />structure, fixtures and all personal property are completed. Antenna support structure and all utilities cabling and
<br />wiring shall remain at LESSOR's option in its as -is condition.
<br />15. RECORDING AND QUITCLAIM DEED. 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 the termination of
<br />LESSEE's interest in the Property upon the expiration or termination of this Agreement.
<br />16. RIGHTS UPON SALE. Should the LESSOR, at any time during the term of this Agreement,
<br />decide to sell all or any part of the Property to a purchaser other than LESSEE, such sale shall be under and subject
<br />to this Agreement and LESSEE's rights hereunder, and 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 benefit of LESSEE a reasonable non -disturbance agreement from the
<br />present and any future mortgagee(s) or holder(s) of a deed of trust confirming that LESSEE's right to quiet
<br />Site #: LA33807B 4
<br />Site Name: Riverview Park
<br />Date: 06/18/2010
<br />
|