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03
City of Pleasanton
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CITY CLERK
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2009
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072109
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03
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7/14/2009 2:27:48 PM
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7/14/2009 2:27:46 PM
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CITY CLERK
CITY CLERK - TYPE
STAFF REPORTS
DOCUMENT DATE
7/21/2009
DESTRUCT DATE
15 Y
DOCUMENT NO
03
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writing. If during said option period, or during the term of the lease, if the option is exercised, the <br /> LESSOR decides to subdivide, sell or change the status of the Property or his property contiguous <br /> thereto he shall immediately notify LESSEE in writing so that LESSEE can take steps necessary to <br /> protect LESSEE'S interest in the Premises. <br /> This option may be sold, assigned or transferred by the LESSEE without any approval or <br /> consent of the LESSOR to the LESSEE'S principal, affiliates, subsidiaries of its principal; to any <br /> entity which acquires all or substantially all of LESSEE's assets in the market defined by the <br /> Federal Communications Commission in which the Property is located by reason of a merger, <br /> acquisition or other business reorganization; or to any entity which acquires or receives an <br /> interest in the majority of communication towers of the LESSEE in the market defined by the <br /> Federal Communications Commission in which the Property is located. As to other parties, this <br /> Agreement may not be sold, assigned or transferred without the written consent of the LESSOR, <br /> which such consent will not be unreasonably withheld, delayed or conditioned. No change of stock <br /> ownership, partnership interest or control of LESSEE or transfer upon partnership or corporate <br /> dissolution of LESSEE shall constitute an assignment hereunder. <br /> Should LESSEE fail to exercise this option or any extension thereof within the time herein <br /> limited, all rights and privileges granted hereunder shall be deemed completely surrendered, this <br /> option terminated, and LESSOR shall retain all money paid for the option, and no additional money <br /> shall be payable by either Party to the other. <br /> LESSOR shall cooperate with LESSEE in its effort to obtain all certificates, permits and <br /> other approvals that may be required by any Federal, State or Local authorities which will permit <br /> LESSEE use of the Premises. LESSOR shall take no action which would adversely affect the <br /> status of the Property with respect to the proposed use by LESSEE. <br /> The LESSOR shall permit LESSEE, during the option period, free ingress and egress to the <br /> Premises to conduct such surveys, inspections, structural strength analysis, subsurface soil tests, and <br /> other activities of a similar nature as LESSEE may deem necessary, at the sole cost of LESSEE. <br /> LESSOR agrees to execute a Memorandum of this Option to Lease Agreement which <br /> LESSEE may record with the appropriate Recording Officer. The date set forth in the <br /> Memorandum of Option to Lease is for recording purposes only and bears no reference to <br /> commencement of either term or rent payments. <br /> Notice of the exercise of the option shall be given by LESSEE to the LESSOR in writing by <br /> certified mail, return receipt requested. Notice shall be deemed effective on the date it is posted and <br /> thereupon the following agreement shall take effect: <br /> Meadowlark Park <br /> 10065432 <br /> 2 <br />
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