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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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11/26/2013 11:39:40 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 /> the Livermore Police Department to enter the Property, the individual will then be notified by the <br /> Water Resources Division. On the day of entry to the site, the individual will sign the visitor's log <br /> book at Water Resources Division and will be provided a temporary electronic key and P.I.N. <br /> number to access the site. When the individual is finished, they will return the electronic key to <br /> the Water Resources Division and sign out of the log book. Access to the Property shall be <br /> available between 8:30 am to 3:30 pm Monday through Friday. In case of an emergency, the <br /> 24-hour notice requirement shall be waived and access shall be provided as soon as possible <br /> by the City of Livermore Water Resources Division or Police Department. The parties to this <br /> agreement acknowledge that the City may make such changes to the access procedure set <br /> forth above that it finds necessary to implement the security protocols to protect the City of <br /> Livermore's municipal water system in order to comply with Federal and State security rules. <br /> Lessee agrees to comply with such changes upon the receipt of written notice. <br /> Any access by any person(s) not cleared pursuant to the terms of this Lease Agreement <br /> is a material breach of the Agreement and, may be cause for termination of the Lease <br /> Agreement in the event that such material breach is not cured by Lessee following receipt of <br /> written notice from the City and the reasonable opportunity to cure the material breach in <br /> accordance with the default provisions set forth in Section 28 of this Lease Agreement. <br /> 9. Pre-Conditions. Lessee agrees that prior to construction of the Wireless <br /> Telecommunication Facility or demolition, repair, removal or alteration of existing facilities, <br /> details of the proposed scope of work must be submitted in advance and in writing to City for <br /> review and approval, such review and approval not to be unreasonably withheld, conditioned or <br /> delayed. Lessee will reimburse Cities for any reasonable or required permit costs incurred by <br /> Cities in reviewing Lessee's work plan and for Cities' inspection of construction activities. <br /> Lessee shall comply with all of the terms of any building or encroachment permits issued by <br /> City. Once Lessee's Antenna and Equipment are installed, Lessee will not make any material <br /> alterations to them without obtaining the prior written approval of Cities; provided, however, that <br /> the approval of Pleasanton shall only be required for alterations on the Tower. Cities' approval <br /> or disapproval shall not be unreasonably withheld conditioned or delayed.ln connection with <br /> work pertaining to relocation of Lessee's Antennas on the Tower as part of such work scope, <br /> Lessee shall concurrently undertake certain structural upgrades to the Tower pursuant to a <br /> building permit procured by Lessee from the City. <br /> (a) Removal of unused equipment and shelter. Lessee agrees that concurrent with <br /> installation of and prior to completion of the installation of the Wireless Telecommunication <br /> Facility, Lessee shall completely remove from the Leased Areas and properly dispose of (i) the <br /> existing unused shelter, and (H) the existing unused microwave equipment and gold omni <br /> antenna (collectively, the "Unused Equipment"), both as shown on Attachment B, at Lessee's <br /> cost. Upon removal by Lessee of the Unused Equipment, Lessee shall have no further <br /> obligation to remove any equipment or improvements from the Property except to the extent <br /> provided pursuant to the terms and conditions of Section 28 below. Cities hereby affirm and <br /> agree that Lessee shall have the right to remove any such equipment or improvements from the <br /> Property and hereby quitclaim all right, title and interest in and to the Unused Equipment as of <br /> the Effective Date. <br /> (b) Transfer of City-owned Generator: As of the Effective Date, City hereby transfers <br /> all right, title and interest in and to the on-site generator ("Generator"), as further shown on <br /> Attachment B, to Lessee. The Generator is no longer in use by the City and except for the <br /> Lease for Installation of Telecommunications Equipment-Final Page 6 <br />
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