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<br />! <br /> <br />the equipment, fixtures and personal property of the LESSEE shall remain the personal property of the LESSEE and the <br />LESSEE shall have the right to remove the same. whether or not said items are considered fixtures and attachments to <br />real property under applicable law. If such time for removal causes LESSEE to remain on the Premises after termination <br />of this Agreement, LESSEE shall pay rent at the then existing monthly rate or on the existing monthly prowrata basis if <br />based upon a longer payment term, until such time as the removal of the building, antenna structure, fixtures and all <br />personal property are completed. Antenna support structure and all utilities cabling and wiring shall remain at <br />LESSOR's option. <br /> <br />15. RECORDING AND OUITCLAlM DEED. If requested by LESSEE, LESSOR agrees promptly to <br />execute and deliver to LESSEE a recordable Memorandum of this Land Lease Agreement in the form of Exhibit "F". <br />LESSEE agrees to execute and record a quitclaim deed or other instrument evidencing the termination of LESSEE's <br />interest in the Property upon the expiration or termination of this Lease. <br /> <br />16. RIGHTS UPON SALE. Should the LESSOR, at any time during the term of this Agreement, <br />decide to sell all or any part of the Property to a purchaser other than LESSEE, such sale shall be under and subject to <br />this Agreement and LESSEE's rights hereunder. and any sale by the LESSOR of the portion of this Property underlying <br />the right-of-way herein granted shall be under and subject to the right of the LESSEE in and to such right-of-way. <br /> <br />17. OUlET ENJOYMENT. LESSOR covenants that LESSEE, on paying the rem and performing the <br />covenants shall peaceably and quietly have, hold and enjoy the Premises, provided however, that LESSOR shall have <br />the right and privilege to conduct City business on the Property, as necessary. "City business" shall include, but not be <br />limited to the following: minor maintenance, minor landscaping, minor construction, concessionaires, and City <br />sponsored events. located near the Premises. so long as the City business does not interfere with or impair the operation <br />of LESSOR's Facility. <br /> <br />18. TITLE. LESSOR covenants that LESSOR is seized of good and sufficient title and interest to the <br />Property and has full authority to enter into and execute this Agreement. LESSOR further covenants that there are no <br />other liens, judgments or impediments of title on the Property or affecting LESSOR's title to the same and that there are <br />no covenants, easements or restrictions which prevent the use of the Premises by the LESSEE as set forth above. <br /> <br />19. NO LIENS. LESSEE will not permit any mechanics' or materialmen's liens on the Property for <br />any labor or material furnished to LESSEE in connection with work performed. LESSEE shall have the right to contest <br />the validity, nature, or amount of any such lien but, upon the final determination of such questions, shall immediately <br />pay any adverse judgment rendered with all proper costs and charges and have the lien released at its oWrl expense. If <br />LESSEE desires to contest any such lien, then prior to commencing such contest, it will post a bond, where necessary, to <br />release the lien. <br /> <br />20. MISCELLANEOUS LESSEE RESPONSffiILITIES. <br /> <br />A. Electromagnetic Fields - LESSEE shall comply with all present and future laws, orders and <br />regulations relating to Electromagnetic Fields ("EMFs") and other related health issues <br />directly applicable to its operation of the Facility, as well as the American National <br />Standards Institute (ANSI) standards. Without limiting the provisions of LESSEE's <br />indemnity contained herein, LESSEE, on behalf of itself and its successors and assigns, shall <br />indemnity LESSOR from and against all claims of personal injuries due to EMF's to the <br />extent such personal injuries are actually caused by LESSEE's Facilities on the Premises. <br /> <br />B. LESSEE shall maintain LESSEE's Facilities and shall make all repairs to the Premises <br />necessitated require LESSEE to make repairs to andlor replace damaged equipment and or <br />any parts thereto regardless of fault (including but not limited to damage caused by <br />vandalism or acts of god not later than one week after said damage is reported to LESSEE. <br />This time period may be extended with written authorization from the Executive Director of <br />Parks and Recreation. In the event such authorization is not given and repairs are not made <br />in one week, LESSOR may cause such repairs to be made including making said repairs <br />andlor hiring a consultant to make said repairs. LESSOR may charge the LESSEE for the <br /> <br />4 <br /> <br />~ <br />