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80B - JOINT - LEASE AGMT WITH T-MOBILE
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08/24/2011
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80B - JOINT - LEASE AGMT WITH T-MOBILE
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Last modified
1/3/2012 3:41:37 PM
Creation date
8/16/2011 2:58:33 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Finance & Management Services
Item #
80B
Date
8/24/2011
Destruction Year
2016
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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 />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 <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 />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 mortgagee(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 in default under this Agreement. <br />17. QUIET ENJOYMENT. LESSOR covenants that LESSEE, on paying the rent and <br />performing the covenants shall peaceably and quietly have, hold and enjoy the Premises, <br />provided however, that LESSOR shall have the right and privilege to conduct City Business on <br />the Property, as necessary. "City Business" shall include, but not be limited to the following: <br />minor maintenance, minor landscaping, minor construction, concessionaires, and City sponsored <br />events, located near the Premises, so long as the City Business does not interfere with or impair <br />the operation of LESSEE's Facilities. <br />18. TITLE. LESSOR covenants that LESSOR is seized of good and sufficient title <br />and interest to the Property and has full authority to enter into and execute this Agreement, <br />provided, however, that LESSEE acknowledges that the Property is used as collateral for certain <br />municipal bonds and has been informed that AGM provides guaranty insurance on those <br />municipal bonds and will be required to provide their consent to this Agreement. LESSEE <br />acknowledges that this Land Lease Agreement is subordinate to the Site and Facility Lease, <br />Site 9: LA33826B 6 <br />Site Name: City Yard <br />Date: 09/23/2010 <br />8OB-15
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