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2017.08.07 CC Packet
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2017.08.07 CC Packet
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City Council
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Agenda/Packets
Meeting Date
8/7/2017
Meeting Type
Regular
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equipment causes such interference, and after LESSOR has notified LESSEE in writing of such <br />interference, LESSEE will take all steps necessary to correct and eliminate the interference within <br />thirty (30) days, including but not limited to, at LESSEE's option, powering down such equipment <br />and later powering up such equipment for intermittent testing. If the interference issue is not <br />remedied within thirty (30) days, LESSEE shall cease operating the interfering equipment. <br />LESSOR agrees that LESSOR and/or any other tenants of the Property who currently have or in <br />the future take possession of the Property will be permitted to install only such equipment that is of <br />the type and frequency which will not cause interference which is measurable in accordance with <br />then existing industry standards to the then existing equipment of LESSEE. The Parties <br />acknowledge that there will not be an adequate remedy at law for noncompliance with the <br />provisions of this Paragraph and therefore, either Parry shall have the right to equitable remedies, <br />such as, without limitation, injunctive relief and specific performance. <br />15. REMOVAL AT END OF TERM. LESSEE shall, upon expiration of the Term, or <br />within ninety (90) days after any earlier termination of the Agreement, remove its building(s), <br />antenna(s), equipment, conduits, fixtures and all personal property and restore the Premises to its <br />original condition, reasonable wear and tear excepted. LESSOR agrees and acknowledges that all <br />of the equipment, conduits, fixtures and personal property of LESSEE shall remain the personal <br />property of LESSEE and LESSEE shall have the right to remove the same at any time during the <br />Term, whether or not said items are considered fixtures and attachments to real property under <br />applicable Laws. If such time for removal causes LESSEE to remain on the Premises after <br />termination of this Agreement, LESSEE shall pay rent at the then existing monthly rate or on the <br />existing monthly pro -rata basis if based upon a longer payment term, until such time as the <br />removal of the building, antenna structure, fixtures and all personal property are completed. <br />16. 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 15 herein, unless <br />the Parties are negotiating a new lease or lease extension in good faith. In the event that the Parties <br />are not in the process of negotiating a new lease or lease extension in good faith, LESSEE holds <br />over in violation of Paragraph 15 and this Paragraph 16, then the rent then in effect payable from <br />and after the time of the expiration or earlier removal period set forth in Paragraph 15 shall be <br />equal to 125% of the rent applicable during the month immediately preceding such expiration or <br />earlier termination. <br />17. N/A <br />18. N/A <br />19. 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 />20. 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 title <br />and interest .to the Property and has full authority to enter into and execute this Agreement. <br />LESSOR further covenants during the Term that there are no liens, judgments or impediments of <br />title on the Property, or affecting LESSOR's title to the same and that there are no covenants, <br />MIN Egg Lake <br />Water Tower Lease Agreement <br />3640560v1 <br />8 <br />
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