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08-1957 Site Lease Communications Agreement - South Water Plant
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08-1957 Site Lease Communications Agreement - South Water Plant
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10/31/2008 3:03:03 PM
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10/31/2008 3:01:11 PM
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City Clerk
City Clerk - Doc Type
Resolutions
City Clerk - Date
10/27/2008
Doc Number
08-1957
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<br />receiving antennas, and supporting equipment and structures thercto ("Lessee <br />Facilitics"). In connection thcrewith, Lessee has the right to do all work necessary to <br />prepare, maintain and alter the Premiscs lor Lessee's business operations and to install <br />transmission lines connecting the antennas to the transmitters and rcceivers. All of <br />Lessee's construction and installation work shall be performed at Lessee's sole cost and <br />expense and in a good and workmanlike manner. Title to the Lessee Facilities shall be <br />held by Lessee. All of Lessee Facilities shall remain Lessee's personal property and are <br />not lixtures. Lessee has the right to remove all Lessee Facilities at its sole expense on or <br />before the expiration or earlier termination of the Agreement provided Lessee repairs <br />any damagc to the Premises caused by such removal. <br /> <br />5. Termination <br /> <br />A. If any of the lollowing occurs. Lessee shall have the right to terminate this <br />Agreement without ltlrther liability thirty (30) days alter Owner receives written notice <br />ti-om Lessee: <br /> <br />I. Lessee determines, in its sole discretion, that it will be unable to obtain all <br />necessary Governmental Approvals for Lessee's intended use of and <br />improvements to the Property desired by Lessee, or <br /> <br />2. Lessee's application lor any Govcrnmental Approvals necessary for <br />Lessee's use of the Property and improvements desired by Lessee is denied, or <br /> <br />3. Any Governmental Approvals necessary lor Lessee's use of the Property <br />and/or improvements to the Property, whether now or hereafter desired by the <br />Lessee, are canceled, expired, lapsed or are otherwise withdrawn, terminated, or <br />denied so that Lessee, in its reasonable judgment determines that it will no <br />longer be able to use the Property lor Lessee's intended use, or <br /> <br />4. The Federal Communications Commission allocates the frequencies at which <br />Lessee may operate its antenna and equipment and may from time to time change <br />such frequencies. Any change of this nature in Lessee's reasonable judgment, <br />which renders its operation of a wireless communications facility at the Property <br />obsolete, or <br /> <br />5. If Lessee determines that the Premises has become unsuitable lor Lessee's <br />operations due to changes in system or network design or in the types of <br />equipment used in such operations or the Premises are not appropriate for <br />technological reasons or Lessee's operations at the Property become unprolitable <br />including, without limitation, signal interference. <br /> <br />Any termination notice rendered by either Owner or Lessee pursuant to this <br />paragraph 5 shall cause this Agreement to expire with the same force and effect <br />as though the date set forth in such notice were the date originally set as the <br />expiration date of this Agreement and the parties shall make no adjustment as of <br /> <br />EXECUTION COpy <br />
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