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02/14/2000 Council Packet
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02/14/2000 Council Packet
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City Council
Council Document Type
Council Packet
Meeting Date
02/14/2000
Council Meeting Type
Regular
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• request access to the Structure twenty -four (24) hours in advance, except in an <br />emergency, and Landlord's approval thereof shall not be unreasonably withheld or <br />delayed. In the event it is necessary for Tenant to have access to the Structure at <br />some time other than the normal working hours of Landlord, Landlord may charge <br />Tenant for whatever expense, including employees' wages, that Landlord may incur in <br />providing such access to Tenant. <br />(j) Payment of Utilities. Tenant shall separately meter charges for the <br />consumption of electricity and other utilities associated with its use of the Leased <br />Premises and shall promptly pay all costs associated therewith. Those costs will <br />include installation of separate meter and hook -up charges. <br />6. Emergency Facilities. In the event of a natural or man made disaster, in order <br />to protect the health, welfare, and safety of the community, Tenant may erect additional <br />Antenna Facilities and install additional equipment on a temporary basis on the Leased <br />Premises to assure continuation of service. Such temporary operation shall not exceed <br />90 days unless Tenant obtains written approval from the Landlord. <br />7. Additional Maintenance Expenses. Upon notice from Landlord, Tenant shall <br />promptly pay to Landlord all additional Landlord expenses incurred in maintaining the <br />Leased Premises, including painting or other maintenance of the Structure, that are <br />caused by Tenant's occupancy of the Leased Premises. <br />• 8. Additional Buildings. Tenant acknowledges that Landlord may permit <br />additional buildings to be constructed on the property described in Exhibit A. At such <br />time as this may occur, Tenant will permit said buildings to be placed immediately <br />adjacent to Tenant's building and will allow "attachments" to its building so as to give <br />the appearance that all buildings are a connected facility. Said attachments will be <br />made at no cost to Tenant, will not interfere with or disrupt Tenant's use of the Leased <br />Premises and will not compromise the structural integrity of Tenant's building. <br />• <br />9. Defense and Indemnification. <br />(a) General. Tenant agrees to defend, indemnify and hold harmless Landlord <br />and its elected officials, officers, employees, agents, and representatives, from and <br />against any and all claims, including reasonable attorneys' fees and other costs and <br />expenses of litigation, which may be asserted against or incurred by Landlord or for <br />which Landlord may be liable in the performance of this Lease which arise from the use <br />occupancy of the Leased Premises by Tenant, except those which arise solely from the <br />negligence, willful misconduct, or other fault of Landlord. Tenant shall defend all claims <br />arising out of the installation, operation, use, maintenance, repair, removal, or presence <br />of Tenant's Antenna Facilities, equipment and related facilities on the Leased Premises. <br />(b) Hazardous Materials. Without limiting the scope of Subparagraph 10 (a) <br />above, Tenant will be solely responsible for and will defend, indemnify, and hold <br />Landlord, its agents, and employees harmless from and against any and all claims, <br />
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