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20A - AA - LEASE AGMT AT JEROME PARK
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10/01/2012
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20A - AA - LEASE AGMT AT JEROME PARK
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Last modified
9/27/2012 5:32:48 PM
Creation date
9/27/2012 5:32:26 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Parks, Recreation, & Community Services
Item #
20A
Date
10/1/2012
Destruction Year
2017
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Such insurance shall: (1) include LESSOR, its officers, agents, representatives, <br />employees and volunteers as additional insureds; (2) be primary and not contributory with respect <br />to insurance or self-insurance programs maintained by LESSOR, except claims resulting from <br />LESSOR's negligence or misconduct; and (3) contain standard separation of insured's provisions. <br />LESSEE shall: (a) prior to exercising any right under this Agreement, furnish <br />properly executed certificates of insurance and proof of additional insured status to LESSOR <br />which shall clearly evidence all coverages required above; (b) maintain such required coverage <br />for the period covered by this Agreement; (c) give LESSEE prompt and timely notice of claims <br />made or instituted arising out of LESSEE's operations under this Agreement; and (d) replace such <br />certificates for policies expiring prior to the expiration of this Agreement. LESSEE's insurance <br />will not be canceled without thirty (30) days' prior written notice to LESSOR. <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 Agreement <br />is fully executed ("Pre-Existing Communications") as long as the Pre-Existing Communications <br />operate and continue to operate within their respective frequencies and in accordance with all <br />applicable laws and regulations, or public safety communication operations, as may be upgraded <br />periodically, and LESSEE's Facilities shall comply with all applicable non-interference rules of <br />the Federal Communications Commission ("FCC"). LESSOR shall not use, or permit the use of, <br />any portion of the Property in any way, which interferes with LESSEE's use of the Premises or <br />LESSEE's Facilities or encroaches upon the Premises. In addition to any other rights LESSEE <br />may 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 on <br />the date this Agreement is fully executed and in compliance with applicable laws shall not be <br />deemed interference. LESSOR shall require any future tenants, assignees, licensees, or occupants <br />using any portion of the Property for the operation of mobile/wireless or radio communications <br />facilities to comply with the provisions of this Section and shall obtain LESSEE's written consent <br />prior to allowing such use of the Property, which such consent shall not be unreasonably <br />withheld, conditioned, or delayed, provided that LESSEE's consent may be withheld if <br />interference with LESSEE's transmissions, receptions, operations, or use of frequency will result <br />due to such use, whether or not such interference is with LESSEE's frequencies or otherwise. <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, and the same poses an immediate threat of bodily injury or death or substantial <br />property damage, LESSOR may require that LESSEE immediately cease operating LESSEE's <br />Facilities. LESSEE shall reimburse LESSOR for any actual, reasonable costs that LESSOR <br />incurs to cure any interference with LESSOR's public safety communications operations caused <br />by LESSEE's Facilities. <br />14. REMOVAL UPON TERMINATION. LESSEE, upon expiration or earlier <br />termination of the Agreement, shall, within ninety (90) days thereafter, remove all of LESSEE's <br />fixtures and all personal property (other than footings) and otherwise restore the Premises <br />substantially to its original condition, at LESSEE's sole expense, reasonable wear and tear, and <br />#41182112 6 <br />Jerome Park <br />20A-8
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