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NEW CINGULAR WIRELESS PCS, LLC OCTAGON TOWERS, LLC
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NEW CINGULAR WIRELESS PCS, LLC OCTAGON TOWERS, LLC
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Last modified
5/28/2020 11:55:45 AM
Creation date
5/26/2020 9:32:37 AM
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Contracts
Company Name
NEW CINGULAR WIRELESS PCS, LLC OCTAGON TOWERS, LLC
Contract #
A-2010-135-01
Agency
PARKS, RECREATION, & COMMUNITY SERVICES
Council Approval Date
7/19/2010
Expiration Date
4/18/2021
Destruction Year
2026
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17. QUIET ENJOYMENT. LESSOR covenants that LESSEE, on paying the rent and <br />performing the covenants shall peaceably and quietly have, hold and enjoy the Premises, <br />provided however, that LESSOR shall have the right and privilege to conduct City Business on <br />the Property, as necessary. "City Business" shall include, but not be limited to the following: <br />minor maintenance, minor landscaping, minor construction, concessionaires, and City sponsored <br />events, located near the Premises, so long as the City Business does not interfere with or impair <br />the operation of LESSEE's Facilities. <br />18. TITLE. LESSOR covenants that LESSOR is seized of good and sufficient title <br />and interest to the Property and has full authority to enter into and execute this Agreement. <br />LESSOR further covenants that there are no other liens, judgments or impediments of title on the <br />Property or affecting LESSOR's title to the same and that there are no covenants, easements or <br />restrictions which prevent the use of 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 ally 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 to the extent that such ANSI <br />standards are fully consistent with such laws, orders and regulations. Without limiting the <br />provisions of LESSEE's indemnity contained herein, LESSEE, on behalf of itself and its <br />successors and assigns, shall indemnify LESSOR from and against all claims of personal injuries <br />due to violation of MPE to the extent such personal injuries are actually caused by LESSEE's <br />Facilities on the Premises. <br />B. LESSEE shall maintain LESSEE's Facilities and shall make all repairs to <br />the Premises necessitated 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-eiglit (48) hours notification to LESSEE by LESSOR. If <br />said graffiti is not removed within the 48-hoar 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 attributuble <br />
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