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02
City of Pleasanton
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2013
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120313
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02
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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 /> Any party may change such address or contact person by written notice by registered mail to <br /> the other. <br /> 26. Holding Over. Any holding over after the expiration of the Term of this Lease <br /> Agreement, with the consent of the Cities, shall be construed to be a tenancy from month to <br /> month at a monthly rate equal to 110% of the previous month's rent, and shall otherwise be on <br /> the same terms and conditions herein specified so far as applicable. Following termination or <br /> expiration of this Lease Agreement, the Wireless Provider shall be responsible for the payment <br /> of Rent to the City until such time as the Equipment is removed from the Leased Areas and the <br /> Leased Areas are restored as provided for in Section 29. <br /> 27. Modification. This Lease Agreement may only be modified or amended by written <br /> agreement signed by all parties hereto, except that the number of extensions and the length of <br /> the initial term and extensions shall not be modified. <br /> 28. Default and Termination. During the Term of this Lease Agreement, Cities shall have <br /> the right to terminate Lease Agreement following an uncured default by Lessee of any material <br /> term of this Lease Agreement in accordance with this Section. Lessee shall have thirty (30) <br /> days following receipt of written notice from Cities to cure any such default, provided that if the <br /> nature of the default is such that additional time beyond thirty (30) days is needed to complete <br /> the cure, then no default shall be deemed to have occurred as long as Lessee has commenced <br /> to cure such default in good faith within such thirty (30) day period, and thereafter diligently <br /> prosecutes the cure to completion. In the event as determined by a resolution of the City <br /> Council of the City or Pleasanton, as the case may be, following public notice and hearing that, <br /> the City or Pleasanton requires the Premises or the Antenna Site for emergency response <br /> communications equipment of the City, Pleasanton or another governmental agency, then <br /> provided that Cities have delivered to Lessee at least one hundred eighty (180) days prior <br /> written notice of its election, Cities may elect to terminate this Lease Agreement upon the <br /> expiration date of the Initial Term. Lessee, shall have the right to terminate this Lease upon 90 <br /> days written notice to Cities, if the approval of any agency, board, court, or other governmental <br /> authority necessary for the construction and/or operation of the Wireless Telecommunication <br /> Facility is revoked or withdrawn so long as the Lessee pays Cities a termination fee equal to <br /> nine (9) months' Base Rent, at the then-current rate. <br /> 29. Removal, Restoration and Surrender of Leased Areas. <br /> (a) All portions of the Wireless Telecommunication Facility brought onto the Property by <br /> Lessee will be and remain Lessee's personal property and, at Lessee's option, may be removed <br /> by Lessee at any time during the Term subject to the termination section. Cities covenant and <br /> agree that no part of the Wireless Telecommunication Facility constructed, erected or placed on <br /> the Leased Areas by Lessee will become, or be considered a part of, the Property, it being the <br /> specific intention of Cities that all improvements of every kind and nature constructed, erected <br /> or placed by Lessee on the Leased Areas will be and remain the property of Lessee. Within <br /> one hundred twenty (120) days of the termination of this Lease Agreement, Lessee will <br /> surrender the Leased Areas to the Cities, remove all of Lessee's improvements and Lessee will, <br /> to the extent reasonable, restore the Leased Areas to their conditions on the Effective Date, <br /> reasonable wear and tear and loss by casualty or other causes beyond Lessee's control <br /> Lease for Installation of Telecommunications Equipment-Final Page 15 <br />
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