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02
City of Pleasanton
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2013
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120313
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11/26/2013 11:39:46 AM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
12/3/2013
DESTRUCT DATE
15Y
DOCUMENT NO
02
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Market:Northern California <br /> Cell Site Number:CNU0413 <br /> Search Ring Name:Livermore <br /> Cell Site Name:Livermore(CA) <br /> Fixed Asset Number:10087959 <br /> warranties of City, that (i) the Generator is owned solely by the City and (i•) is free of liens as of <br /> the Effective Date, the Generator otherwise is hereby transferred to Lessee in an "as is" <br /> condition with no warranties on its condition or operation and with no further writing required <br /> between the parties. Notwithstanding the foregoing, within thirty (30) days of City's receipt of <br /> Lessee's written request, City shall execute and deliver to Lessee a bill of sale transferring all of <br /> City's right, title and interest in the Generator to Lessee. Upon the Effective Date, the City will <br /> have no further rights or obligations in and to the Generator. If the Generator is moved from its <br /> current location on the Property, and re-used by Lessee in connection with the Wireless <br /> Telecommunications Facility, then Lessee shall build proper containment around the Generator <br /> meeting current best practices to reduce the possibility of any soil contamination from fuel spills. <br /> 10. Maintenance and Repairs. Lessee shall be required to provide City with prior written <br /> notice of not less than 72 hours prior to any maintenance being performed on the Tower or that <br /> involves any climbing on the Tower. Lessee shall not perform any maintenance on the Tower <br /> without a City authorized inspector being present. Lessee shall be obligated to pay City the <br /> actual hourly inspection fees incurred during all maintenance. In the event of an emergency, <br /> Lessee shall immediately notify City of its intent to access the Tower prior to performing any <br /> maintenance or repairs. <br /> 11. Rules. Lessee shall comply with the following rules for the use of the Leased Areas, and <br /> such other changes or rules as may be imposed by City from time to time after reasonable <br /> written notice to Lessee thereof: <br /> (a) Lessee shall comply with all statutes, laws, rules and regulations ("Laws") <br /> concerning Lessee's use the Leased Areas, without limitation, the laws of the United States of <br /> America, the State of California, and/or the ordinances, regulations and requirements of the <br /> County of Alameda, the City of Livermore or other lawful authorities. <br /> (b) Lessee shall not allow or authorize, the Leased Areas, or any part thereof, to be <br /> used in violation of the statutes, laws, rules and regulations of the United States of America, the <br /> State of California, and/or the ordinances, regulations and requirements of the County of <br /> Alameda, the City of Livermore or any other lawful authorities with jurisdiction over the use or <br /> the Leased Areas. <br /> (c) Lessee shall install all required safety notices related to the operation of the <br /> Equipment and Antenna on the Leased Areas, including those required for radio frequency <br /> emission safety. <br /> (d) Lessee shall not leave or store any trash, garbage, or refuse of any kind in, on, or <br /> about the Property or Leased Areas and shall cause any refuse, trash, paper or other waste <br /> deposited on the Property or Leased Areas by any of its employees, agents, or designated <br /> representatives to be picked up and disposed of in the appropriate manner so as to keep the <br /> Property and Leased Areas in a neat and clean condition <br /> (e) Lessee shall not use, commit, or allow or permit to be used or committed, any <br /> waste upon the Property, Tower, or Leased Areas. <br /> (f) Lessee shall not use, commit or allow or permit to be used or committed any <br /> legal nuisance or any unauthorized use of the Property, Tower, or Leased Areas. <br /> Lease for Installation of Telecommunications Equipment-Final Page 7 <br />
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