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VERIZON WIRELESS 1B
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VERIZON WIRELESS 1B
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Last modified
6/25/2014 10:10:13 AM
Creation date
1/28/2014 1:31:30 PM
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Contracts
Company Name
VERIZON WIRELESS
Contract #
A-2012-198
Agency
PARKS, RECREATION, & COMMUNITY SERVICES
Council Approval Date
10/1/2012
Expiration Date
5/31/2021
Insurance Exp Date
6/30/2014
Destruction Year
2026
Notes
A-2010-236; A-2011-180
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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 />casualty excepted. Underground conduits, foundations and equipment/storage buildings may <br />remain at LESSOR's option. LESSOR agrees and acknowledges that all of the equipment, <br />fixtures and personal property of LESSEE shall retrain the personal property of LESSEE and <br />LESSEE shall have the right to remove the same, whether or not said items are considered <br />fixtures and attachments to real property under applicable law. If such time for removal causes <br />LESSEE to remain on the Premises past the aforementioned ninety (90) day period after the <br />expiration or earlier termination of this Agreement, LESSEE shall pay rent at the then- existing <br />monthly rate or on the existing monthly pro -rata basis if based upon a longer payment term, until <br />such time as the removal of the building, fixtures and all personal property are completed. <br />15. RECORDING AND QUITCLAIM DEED. If requested by LESSEE, LESSOR <br />agrees promptly to execute and deliver to LESSEE a recordable Memorandum of this Land Lease <br />Agreement in the form of Exhibit "F ". LESSEE agrees to execute and record a quitclaim deed or <br />other instrument evidencing the termination of LESSEE's interest in the Property within thirty <br />(30) days following LESSEE's receipt of written notice delivered by LESSOR to LESSEE after <br />the expiration or termination of this Agreement. <br />16. RIGHTS UPON SALE. Should LESSOR, at any time during the term of this <br />Agreement, decide to sell all or any part of the Property to a purchaser other than LESSEE, such <br />sale shall be under and subject to this Agreement and LESSEE's rights hereunder, and any sale <br />by LESSOR of the portion of this Property underlying the right -of -way herein granted shall be <br />under and subject to the right of LESSEE in and to such right -of -way. As a condition to <br />LESSEE's agreement to subordinate this Agreement, LESSOR shall obtain for the benefit of <br />LESSEE a reasonable non - disturbance agreement from the present and any future mortgagee(s) <br />or holder(s) of a deed of trust confirming that LESSEE's right to quiet possession of the Premises <br />during this Agreement shall not be disturbed, so long as LESSEE is not then in default beyond <br />any applicable care period under this Agreement. <br />17. QUIET ENJOYMENT. LESSOR covenants that LESSEE, on paying the rent <br />and 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 or LESSEE's access to the Premises. <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 />with respect thereto. LESSEE shall have the right to contest the validity, nature, or amount of <br />any such lien but, upon the final determination of such questions, shall immediately pay any <br />adverse judgment rendered with all proper costs and charges and have the lien released at its own <br />45022333.1 <br />Jerome Perk <br />
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