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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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dated January 1, 1998, between the Santa Ana Financing Authority and City of Santa Ana, by <br />which the municipal bond financing was accomplished. LESSOR further covenants that there <br />are no other liens, judgments or impediments of title on the Property or affecting LESSOR's title <br />to the same and that there are no covenants, easements or restrictions which prevent the use of <br />the Premises by LESSEE as set forth above. <br />19. NO LIENS. LESSEE will not permit any mechanics' or materialmen's liens on <br />the Property for any labor or material furnished to LESSEE in connection with work performed. <br />LESSEE shall have the right to contest the validity, nature, or amount of any such lien but, upon <br />the final determination of such questions, shall immediately pay any adverse judgment rendered <br />with all proper costs and charges and have the lien released at its own expense. If LESSEE <br />desires to contest any such lien, then prior to commencing such contest, it will post a bond, <br />where necessary, to release the lien. <br />20. MISCELLANEOUS LESSEE RESPONSIBILITIES. <br />A. Maximum Permissible Exposure - LESSEE shall comply with all present <br />and future laws, orders and regulations relating to Maximum Permissible Exposure ("MPE") and <br />other related health issues directly applicable to its operation of LESSEE's Facilities, as well as <br />the American National Standards Institute (ANSI) standards. Without limiting the provisions of <br />LESSEE's indemnity contained herein, LESSEE, on behalf of itself and its successors and <br />assigns, shall indemnify LESSOR from and against all claims of personal injuries due to <br />violation of MPH to the extent such personal injuries are actually caused by LESSEE's Facilities <br />on the Premises. <br />B. LESSEE shall maintain LESSEE's Facilities and shall make all repairs to <br />the Premises necessary to keep the Premises safe. LESSOR may require LESSEE to make <br />repairs to and/or replace damaged equipment of LESSEE's Facilities and/or any parts thereto <br />regardless of fault (including but not limited to damage caused by vandalism or acts of god not <br />later than one (1) week after said damage is reported to LESSEE, except for damage caused by <br />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 <br />cause such repairs to be made including making said repairs and/or hiring a consultant to make <br />said repairs. LESSOR may charge LESSEE for the cost of said services. Damage caused by <br />graffiti shall be removed within forty-eight (48) hours notification to LESSEE by LESSOR. If <br />said graffiti is not removed within the 48-hour period, City may remove said graffiti and bill <br />LESSEE for the cost of services. <br />C. LESSEE shall pay all personal property taxes assessed directly against its <br />equipment and all increases in LESSOR's real property taxes or assessments directly attributable <br />to installation of LESSEE's equipment or LESSEE's use of the Premises, within sixty (60) days <br />after receipt of satisfactory documentation indicating calculation of LESSEE's share of such real <br />estate taxes and proof of payment provided that such amounts are in fact due within the said <br />sixty (60)-day period. LESSEE has the right to challenge any unreasonable tax assessment. <br />D. LESSOR grants LESSEE the right to obtain utilities for the operation of <br />LESSEE's Facilities. LESSEE shall be responsible directly to the serving entities for any and all <br />utilities required by LESSEE for its use of the Premises. LESSOR shall cooperate with LESSEE <br />Site #: LA33826B <br />Site Name: City Yard <br />Date: 09/23/2010 <br />8OB-16
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