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T-MOBILE WEST CORPORATION (4)
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Last modified
4/26/2018 3:37:40 PM
Creation date
5/23/2011 10:02:34 AM
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Contracts
Company Name
T-MOBILE WEST CORPORATION
Contract #
A-2010-135
Agency
PARKS, RECREATION, & COMMUNITY SERVICES
Council Approval Date
7/19/2010
Expiration Date
4/19/2020
Insurance Exp Date
5/1/2013
Destruction Year
2025
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whether consent is unreasonably withheld and may require LESSEE' to consent subject to the <br />above conditions. <br />In the event of any interference with LESSOR's public safety communications <br />operations, LESSEE shall have twenty-four (24) hours after receipt of notice to cure the <br />interference, and if LESSEE fails to do so, LESSOR has the right to require that LESSEE cease <br />operating LESSEE's Facilities (except for intermittent testing to determine the source of the <br />interference) until LESSEE is able to recommence operations without causing such interference. <br />If LESSEE's Facilities interfere with LESSOR's public safety communications operations during <br />an emergency, LESSOR may require that LESSEE immediately cease operating LESSEE's <br />Facilities and if LESSEE fails to do so, LESSOR has the right to shutdown the electricity supply <br />to LESSEE's Facilities. LESSEE shall reimburse LESSOR for any actual, reasonable costs that <br />LESSOR incurs to cure any interference with LESSOR's public safety communications <br />operations caused by LESSEE's Facilities. <br />14. REMOVAL UPON TERMINATION. LESSEE, upon expiration or earlier <br />termination of the Agreement, shall, within ninety (90) days, remove all of LESSEE's fixtures <br />and all personal property and otherwise restore the Premises substantially to its original <br />condition, at LESSEE's sole expense, reasonable wear and tear, and casualty excepted. <br />r nde-g-found nduits� foundations d Equipment/storage buildings may remain at LESSOR's <br />b <br />option. LESSOR agrees and acknowledges that all of the equipment, fixtures and personal <br />property of LESSEE shall remain the personal property of LESSEE and LESSEE shall have the <br />right to remove the same, whether or not said items are considered fixtures and attachments to <br />real property under applicable law. If such time for removal causes LESSEE to remain on the <br />Premises past the aforementioned ninety (90) day period after the expiration or earlier <br />termination of this Agreement, LESSEE shall pay rent at the then existing monthly rate or on the <br />existing monthly pro -rata basis if based upon a longer payment term, until such time as the <br />removal of the building, antenna structure, fixtures and all personal property are completed. <br />Antenna support structure and all utilities cabling and wiring shall remain at LESSOR's option in <br />its as -is condition. <br />15. RECORDING AND QUITCLAIM DEED. If requested by LESSEE, LESSOR <br />agrees promptly to execute and deliver to LESSEE a recordable Memorandum of this Land <br />Lease Agreement in the form of Exhibit "F". LESSEE agrees to execute and record a quitclaim <br />deed or other instrument evidencing the termination of LESSEE's interest in the Property upon <br />within thirty (30) days following LESSEE's receipt of written notice delivered by LESSOR to <br />LESSEE after the expiration or termination of this Agreement. <br />16. RIGHTS UPON SALE. Should the LESSOR, at any time during the term of this <br />Agreement, decide to sell all or any part of the Property to a purchaser other than LESSEE, such <br />sale shall be under and subject to this Agreement and LESSEE's rights hereunder, and any sale <br />by the LESSOR of the portion of this Property underlying the right-of-way herein granted shall <br />be under and subject to the right of LESSEE in and to such right-of-way. LESSOR shall obtain <br />for the benefit of LESSEE a reasonable non -disturbance agreement from the present and any <br />future mortUagee(s) or holder(s) of a deed of trust confirming that LESSEE's right to quiet <br />possession of the Premises during this Agreement shall not be disturbed, so long as LESSEE is <br />not then in default beyond any applicable cure period under this Agreement. <br />6 <br />
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