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2005-243
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2005-243
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Last modified
7/28/2016 1:59:19 PM
Creation date
9/30/2015 8:58:31 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
07/19/2005
Control Number
2005-243
Agenda Item Number
7.F.
Entity Name
Verizon Wireless Personal Communications
Verizon Wireless
Subject
Communications Tower - Verizon Wireless Personal Communications
Land Lease Stealth Flagpole
South Reverse Osmosis Water Plant
Area
1550 9th St. SW
Supplemental fields
SmeadsoftID
5083
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10 . ANNUAL TERMINATION . Notwithstanding anything to the contrary contained <br /> herein , and provided LESSEE is not in default hereunder and shall have paid all rents and sums <br /> due and payable to the LESSOR by LESSEE, LESSEE shall have the right to terminate this <br /> Agreement upon each annual anniversary of this Agreement provided that three (3 ) months prior <br /> notice is given the LESSOR . <br /> 11 , INTERFERENCE. LESSEE agrees to have installed radio equipment of the <br /> type and frequency which will not cause measurable interference to LESSOR ' s equipment <br /> existing as of the Effective Date on the Property . If LESSEE ' s equipment causes such <br /> installation , LESSOR may require LESSEE to power down the operation of the interfering <br /> equipment (except for intermittent testing in order to determine whether such interference has <br /> been ameliorated) . LESSOR agrees that LESSOR and/or any other tenants of the Property who <br /> currently have or in the future take possession of the Property will be permitted to install only <br /> such radio equipment that is of the type and frequency which will not cause measurable <br /> interference with the existing equipment of the LESSEE. The Parties acknowledge that there <br /> will not be an adequate remedy at law for non-compliance with the provisions of this paragraph <br /> and therefore , LESSEE shall have the right to specifically enforce the provisions of this <br /> paragraph in a court of competent jurisdiction . <br /> 12 . REMOVAL UPON TERMINATION. LESSEE , upon termination of the <br /> Agreement, shall , within ninety (90) days , remove its building(s) , antenna structure (s) (except <br /> footings) , fixtures and all personal property and otherwise restore the Premises to its original <br /> condition , reasonable wear and tear and casualty excepted . LESSOR agrees and acknowledges <br /> that all of the equipment, fixtures and personal property of the LESSEE shall remain the personal <br /> property of the LESSEE and the LESSEE shall have the right to remove the same , whether or not <br /> said items are considered fixtures and attachments to real property under applicable law . If such <br /> time for removal causes LESSEE to remain on the Premises after termination of this Agreement, <br /> LESSEE shall pay rent at the then existing monthly rate or on the existing monthly pro-rata basis <br /> if based upon a longer payment term, until such time as the removal of the building , antenna <br /> structure , fixtures and all personal property are completed. LESSOR expressly waives all rights <br /> of levy, distraint or execution with respect to LESSEE ' s property, including without limitation <br /> any statutory or common law security interest or landlord's lien for rent. Notwithstanding <br /> anything herein to the contrary, upon mutual agreement of the Parties prior to the termination of <br /> this Agreement, LESSOR may require that LESSEE leave the flagpole and chain link fence (if <br /> any) located within the Premises , which items shall then become the property of LESSOR . <br /> 13 , INTENTIONALLY OMITTED , <br /> 14 . RIGHTS UPON SALE . Should the LESSOR, at any time during the term of <br /> this Agreement , decide to sell all or any part of the Property to a purchaser other than LESSEE, <br /> such sale shall be under and subject to this Agreement and LESSEE's rights hereunder, and any <br /> sale by the LESSOR of the portion of this Property underlying the right-of-way herein granted <br /> shall be under and subject to the right of the LESSEE in and to such right-of-way. <br />
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