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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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expense. If LESSEE desires to contest any such lien, then prior to commencing such contest, it <br />will post a bond, where necessary, to release the lien. <br />20. MISCELLANEOUS LESSEE RESPONSIBILITIES. <br />A. Maximum Permissible Exposure. LESSEE shall be required to comply <br />with all applicable radio frequency emission standards adopted by the federal government <br />pertaining to radio frequency emissions. <br />B. LESSEE shall maintain LESSEE's Facilities and shall make all repairs to <br />the Premises necessitated to keep the Premises reasonably safe. LESSOR may require LESSEE <br />to make repairs to and /or replace damaged equipment of LESSEE's Facilities and /or any parts <br />thereto regardless of fault (including but not limited to damage caused by vandalism or acts of <br />god) which repair or replacement is to be completed not later than one (1) week after LESSEE's <br />receipt of notice from LESSOR; provided, however, that the foregoing shall not apply to any <br />damage caused by LESSOR. This time period may be extended with written authorization from <br />the City Manager, which shall not be unreasonably withheld. In the event such authorization is <br />not given and repairs are not made within such one week period, LESSOR may cause such <br />repairs to be made including making said repairs and /or hiring a consultant to make said repairs. <br />LESSOR may charge LESSEE for the reasonable cost of said services. Graffiti on LESSEE'S <br />Facilities shall be removed within forty-eight (48) hours after notification to LESSEE by <br />LESSOR. If said graffiti is not removed within the 48 -hour period, City may remove said graffiti <br />and bill LESSEE for the reasonable 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 attributable <br />to installation of LESSEE's Facilities or LESSEE's use of the Premises, within sixty (60) days <br />after receipt of satisfactory documentation indicating calculation of LESSEE's share of such real <br />estate taxes and proof of payment provided that such amounts are in fact due within the said sixty <br />(60) -day period. LESSEE has the right to challenge any unreasonable tax assessment. <br />Notwithstanding the foregoing, LESSEE shall not have the obligation to pay any tax, assessment, <br />or charge that LESSEE is disputing in good faith in appropriate proceedings prior to a final <br />determination that such tax is properly assessed provided that no lien attaches to the Property. <br />Nothing in this Paragraph shall be construed as making LESSEE liable for any portion of <br />LESSOR's income taxes in connection with any Property or otherwise. Except as set forth in this <br />Paragraph, LESSOR shall have the responsibility to pay any personal property, real estate taxes, <br />assessments, or charges owed on the Property and shall do so prior to the imposition of any lien <br />on the Property. LESSEE shall have the right, at its sole option and at its sole cost and expense, <br />to appeal, challenge or seek modification of any tax assessment or billing for which LESSEE is <br />wholly or partly responsible for payment. LESSOR shall reasonably cooperate with LESSEE at <br />LESSEE's expense in filing, prosecuting and perfecting any appeal or challenge to taxes as set <br />forth in the preceding sentence, including but not limited to, executing any consent, appeal or <br />other similar document. In the event that as a result of any appeal or challenge by LESSEE, there <br />is a reduction, credit or repayment received by LESSOR for any taxes previously paid by <br />LESSEE, LESSOR. agrees to promptly reimburse to LESSEE the amount of said reduction, credit <br />or repayment. hn the event that LESSEE does not have the standing rights to pursue a good faith <br />and reasonable dispute of any taxes Linder this paragraph, LESSOR will pursue such dispute at <br />LESSEE's sole cost and expense upon written request of LESSEE. <br />D. LESSOR grants LESSEE the right to obtain utilities for the operation of <br />LESSEE's Facilities. LESSEE shall be responsible directly to the serving entities for any and all <br />45022333.1 <br />Jerome Park <br />
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