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09-25-2023 Council Meeting Packet
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09-25-2023 Council Meeting Packet
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9/22/2023 11:10:06 AM
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9/22/2023 11:04:19 AM
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City Council
Council Document Type
Council Packet
Meeting Date
09/25/2023
Council Meeting Type
Regular
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11 <br />monthly basis (without mark-up) for Tenant’s utility consumption and provide Tenant with <br />documentation to substantiate all invoiced amounts. Tenant’s actual utility usage charges shall be <br />paid by Tenant to Owner (each without mark-up) within sixty (60) days following Tenant’s <br />receipt of an undisputed invoice and documentation substantiating all invoiced amounts. In the <br />event of a loss of power to the site, Tenant may install and operate an emergency backup <br />generator at the Tower Property. Tenant will remove such generator within seven (7) days after <br />power is restored to the Equipment. <br />18.Encumbrances on the Equipment. The Equipment and any new and replaced <br />equipment will at all times remain the sole exclusive property of Tenant. Owner will not take <br />any action that would result in any claims, charges, levies, liens, or encumbrances on or against <br />the Equipment. <br />19.C ondition of Leased Property. (Tenant, upon termination of this Agreement, will, <br />within a reasonable period not to exceed sixty (60) days, remove its personal property and <br />fixtures and restore the Leased Property to its original condition, reasonable wear and tear <br />excepted. If such time for removal causes Tenant to remain on the Leased Property after <br />termination of this Agreement, Tenant will pay rent at the monthly rate of $1,500, until such time <br />as the removal of personal property and fixtures is completed. <br />20.Sale of Leased Property. Should Owner, at any time during the term of this <br />Agreement, decide to sell all or any part of the Leased Property to a purchaser other than Tenant, <br />such sale will be under and subject to this Agreement and Tenant's right hereunder, and any sale <br />by Owner of the portion of Owner's property underlying any and all rights -of -way and easements <br />for ingress, egress and utilities herein granted will be under and subject to the right of the Tenant <br />in and to such rights -of -way and easement. <br />21.Enjoyment of Leased Property. Owner covenants that Tenant, on paying the fee <br />and performing the covenants by it herein made, will and may peacefully and quietly have, hold, <br />and enjoy the Leased Property in accordance with the term of this Agreement. <br />22.Title to Leased Property. Owner covenants that Owner is seized of good and <br />sufficient title and interest in the Leased Property and has full authority to enter into and execute <br />this Agreement. Owner further covenants that there are no other liens, judgments, or <br />impediments of title on the Leased Property.
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