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CC PACKET 02122013
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CC PACKET 02122013
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7/30/2015 9:08:51 AM
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4/30/2014 4:40:38 PM
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City Council
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City Code Chapter Amendment
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82 <br />abandoned and become the property of the LESSOR, and LESSEE shall have no further rights <br />thereto. Notwithstanding the foregoing, if LESSOR removes the equipment and/or equipment <br />building, LESSOR must give written notice to the LESSEE at the address provided, informing <br />LESSEE of such removal and that such property will be deemed abandoned if not claimed and <br />the storage fees and other reasonable costs paid within thirty (30) days of the written notice. <br />17. HOLDOVER. LESSEE has no right to retain possession of the Premises or any <br />part thereof beyond the expiration of that removal period set forth in Paragraph 16 herein, unless <br />the Parties are negotiating a new lease or lease extension in good faith. In the event that the <br />Parties are not in the process of negotiating a new lease or lease extension in good faith, LESSEE <br />holds over in violation of Paragraph 16 and this Paragraph 17, then the rent then in effect payable <br />from and after the time of the expiration or earlier removal period set forth in Paragraph 16 shall <br />be equal to 150% of the rent applicable during the month immediately preceding such expiration <br />or earlier termination. <br />18. [INTENTIONALLY OMITTED]. <br />19. RIGHTS UPON SALE. Should LESSOR, at any time during the Term decide <br />(i) to sell or transfer all or any part of the Property or the Tower thereon to a purchaser other than <br />LESSEE, or (ii) to grant to a third party by easement or other legal instrument an interest in and <br />to that portion of the Tower and or Property occupied by LESSEE, or a larger portion thereof, for <br />the propose of operating and maintaining communications facilities or the management thereof, <br />such sale or grant of an easement or interest therein shall be under and subject to this Agreement <br />and any such purchaser or transferee shall recognize LESSEE's rights hereunder under the terms <br />of this Agreement. To the extent that LESSOR grants to a third party by easement or other legal <br />instrument an interest in and to that portion of the Tower and/or Property occupied by LESSEE <br />for the purpose of operating and maintaining communications facilities or the management <br />thereof and in conjunction therewith, assigns this Agreement to said third party, LESSOR shall <br />not be released from its obligations to LESSEE under this Agreement, and LESSEE shall have <br />the right to Zook to LESSOR and the third party for the full performance of this Agreement. <br />20. QUIET ENJOYMENT. LESSOR covenants that LESSEE, on paying the rent and <br />performing the covenants herein, shall peaceably and quietly have, hold and enjoy the Premises, <br />subject to the terms and conditions of this Agreement. <br />21, TITLE. LESSOR represents and warrants to LESSEE as of the execution date of <br />this Agreement, and covenants during the Term that LESSOR is seized of good and sufficient <br />title and interest to the Property and has full authority to enter into and execute this Agreement. <br />This Agreement shall be subject to any and all existing easements. <br />22. INTEGRATION. It is agreed and understood that this Agreement contains all <br />agreements, promises and understandings between LESSOR and LESSEE and that no verbal or <br />oral agreements, promises or understandings shall be binding upon either LESSOR or LESSEE <br />in any dispute, controversy or proceeding at law, and any addition, variation or modification to <br />this Agreement shall be void and ineffective unless made in writing signed by the Parties or in a <br />written acknowledgment in the case provided in Paragraph 3. In the event any provision of the <br />Agreement is found to be invalid or unenforceable, such finding shall not affect the validity and <br />MING Cenral <br />Water rower Lease Agreement 10 <br />22276800 <br />
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