My WebLink
|
Help
|
About
|
Sign Out
Home
Browse
Search
4 - SAFA - TMOBILE LEASE AGMT
Clerk
>
Agenda Packets / Staff Reports
>
Financing Authority (2004 - Pesent)
>
2011
>
08/24/2011
>
4 - SAFA - TMOBILE LEASE AGMT
Metadata
Thumbnails
Annotations
Entry Properties
Last modified
1/3/2012 3:29:34 PM
Creation date
8/16/2011 3:33:47 PM
Metadata
Fields
Template:
City Clerk
Doc Type
Agenda Packet
Item #
4
Date
8/24/2011
Destruction Year
2016
There are no annotations on this page.
Document management portal powered by Laserfiche WebLink 9 © 1998-2015
Laserfiche.
All rights reserved.
/
38
PDF
Print
Pages to print
Enter page numbers and/or page ranges separated by commas. For example, 1,3,5-12.
After downloading, print the document using a PDF reader (e.g. Adobe Reader).
View images
View plain text
B. LESSEE shall obtain, at its sole cost, a policy or policies of commercial <br />general liability insurance, or equivalent form, with a combined single limit of not less than <br />$1,000,000 per occurrence. <br />Such insurance shall: (1) name LESSOR, its officers, agents, representatives, <br />employees and volunteers as additional insureds (see sample Exhibit C); (2) be primary with <br />respect to insurance or self-insurance programs maintained by LESSOR, except claims resulting <br />from LESSOR's negligence or misconduct; (3) contain standard separation of insured's <br />provisions; and (4) give to LESSOR prompt and timely notice of claim made or suit instituted <br />arising out of LESSEE's operations hereunder. <br />LESSEE shall: (a) prior to exercising any right under this Agreement, furnish <br />properly executed certificates of insurance and additional insured endorsement to LESSOR <br />which shall clearly evidence all coverages required above; (b) provide that such insurance shall <br />not have its required limits reduced or terminated except on thirty (30) days prior written notice <br />to LESSOR; (c) maintain such insurance for the period covered by this Agreement; and <br />(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 <br />configurations, equipment, and frequency, which exist on the Property on the date this <br />Agreement is fully executed ("Pre-Existing Communications"), or public safety communication <br />operations, as may be upgraded periodically, and LESSEE's Facilities shall comply with all non- <br />interference rules of the Federal Communications Commission ("FCC"). LESSOR shall not use, <br />or permit the use of, any portion of the Property in any way, which interferes with LESSEE's use <br />of the Premises or encroaches upon the Premises. In addition to any other rights LESSEE may <br />have hereunder, LESSEE shall have the right to bring legal action to enjoin such interference <br />against the party causing any alleged interference and/or immediately terminate this Agreement. <br />Notwithstanding the foregoing, Pre-Existing Communications operating in the same manner as <br />on the date this Agreement is fully executed shall not be deemed interference. LESSOR shall <br />require any future tenants, assignees, licensees, or occupants using any portion of the Property <br />for the operation of mobile/wireless or radio communications facilities to comply with the <br />provisions of this Section and shall obtain LESSEE's written consent prior to allowing such use <br />of the Property, which such consent shall not be unreasonably withheld, conditioned, or delayed, <br />provided that LESSEE's consent may be withheld if interference with LESSEE's transmissions, <br />receptions, operations, or use of frequency will result due to such use, whether or not such <br />interference is with LESSEE's frequencies or otherwise. The City Manager shall determine <br />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 />Site ##: LA33826B <br />Site Name: City Yard <br />Date: 09/23/2010 <br />4-14
The URL can be used to link to this page
Your browser does not support the video tag.