|
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 /> excepted. Lessee shall perform all restoration made necessary by the improvements or
<br /> alterations or by the removal the Equipment, Antenna, connections, and other components of
<br /> the Wireless Telecommunication Facility within the time periods stated in this Section. Lessee
<br /> shall be liable to City and Pleasanton for costs for storing, removing, and disposing of any
<br /> improvements, alterations, Equipment, or Antenna that are not removed within the 120 day
<br /> period.
<br /> (b) Cities may agree in writing to allow the Lessee to satisfy its obligation to remove
<br /> the Equipment, Antenna, connections, and other components of the Wireless Antenna Facility
<br /> by abandoning them in place. The Cities' written approval for the abandonment, if exercised,
<br /> will be contingent upon Lessee satisfying such other terms and conditions as the Cities may
<br /> impose, which at a minimum must include:
<br /> (1) The Equipment. Antenna. connections and other components of the
<br /> Wireless Telecommunication Facility are abandoned in the manner prescribed by the
<br /> Community Development Director; and,
<br /> (2) Lessee submits to Cities an instrument in writing, approved by Cities'
<br /> Attorneys, transferring ownership of the Equipment, connections, and other components
<br /> of the Wireless Communication Facility in their AS IS and WHERE IS condition without
<br /> representation or warranty of any kind or nature whereupon Lessee shall have no further
<br /> responsibility for the maintenance, repair or removal related thereto.
<br /> Lessee waives all claims against Cities for any damage to Lessee resulting from Cities'
<br /> retention or disposition of any such improvements, alterations, Equipment, Antenna,
<br /> connections, or portion of the Wireless Telecommunication Facility.
<br /> (c) City and Pleasanton each waive any and all lien rights it may have, statutory or
<br /> otherwise, concerning the Equipment and the Antenna and any portion of the Wireless
<br /> Telecommunication Facility, all of which shall be deemed personal property for purposes of this
<br /> Lease Agreement, regardless of whether any portion is deemed real or personal property under
<br /> applicable law.
<br /> 30. Warranties
<br /> (a) City represents, warrants and agrees that: (i) City solely owns the Property as a legal
<br /> lot in fee simple, or controls the Property by lease or license and (ii) the Property is not and will
<br /> not be encumbered by any liens, restrictions, mortgages, covenants, conditions, easements,
<br /> leases, or any other agreements of record or not of record, which would adversely affect
<br /> Lessee's permitted use and enjoyment of the Leased Areas under this Lease Agreement.
<br /> (b) City and Pleasanton represent, warrant and agree that (i) City and Pleasanton jointly
<br /> own the Tower, and as long as Lessee is not in default then City and Pleasanton grants to
<br /> Lessee sole, actual, quiet and peaceful use, enjoyment and possession of the Premises and the
<br /> Tower; (H) the execution and performance of this Agreement by City and Pleasanton will not
<br /> violate any laws, ordinances, covenants or the provisions of any mortgage, lease or other
<br /> agreement binding on either or both of them; and (iii) the Tower is not and will not be
<br /> encumbered by any liens, restrictions, mortgages, covenants, conditions, easements, leases, or
<br /> Lease for Installation of Telecommunications Equipment-Final Page 16
<br />
|