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SR 05:246
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SR 05:246
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12/1/2005 2:53:49 PM
Creation date
12/1/2005 2:37:24 PM
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CITY CLERK
CITY CLERK - TYPE
STAFF REPORTS
DOCUMENT DATE
12/6/2005
DESTRUCT DATE
15 Y
DOCUMENT NO
SR 05:246
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<br />3. Conditions Precedent: Prior Approvals. The Lessee has obtained prior approval <br />from Alameda County as to the zoning use of this location. This approval is attached to the end of this <br />document. <br /> <br />4. Term. The term of this Lease Agreement ("Term") shall be three (3) years <br />commencing vvith the initiation of construction at the Premises ("Commencement Date"). Lessee shall <br />promptly deliver "Written notice to Lessor of the Commencement Date. Except as other"Wise provided in <br />this Lease Agreement, Lessee shall have the right to extend the Term of this Lease Agreement for five <br />(5) additional terms (each a "Renevval Term") of three (3) years each provided that (a) Lessee notifies <br />Lessor in vvriting at least ninety (90) days prior to the expiration of any Renevval Term of Lessee's <br />intention to extend this Lease Agreement and (b) Lessor notifies Lessee in vvriting at least thirty (30) <br />days prior to the expiration of the first Term or any subsequent Rene"Wal Term that Lessor approves such <br />renevval. The terms and conditions for each Rene"Wal Term shall be the same terms and conditions as in <br />this Lease Agreement unless other"Wise mutually agreed to by the Lessor and Lessee. <br /> <br />5. Rent and Other Consideration. The total square footage of the Premises is stated to <br />be not more than 100 square feet (at ground level). Within ninety (90) days of the Commencement Date, <br />Lessee shall begin to make regular Rent payments to the Lessor, as rent, the sum of Three Hundred <br />Dollars ($300.00) (..Rent") per month. Rent shall be renegotiated "With every subsequent three (3) year <br />term as specified in Section 4, Term. Rent "Will be payable on the first day of each month to Lessor or <br />Lessor's altemate payee specified in Section 22, Notices and Deliveries. Lessee shall pay a full month's <br />Rent on the first day of each calendar month, except that payment shall be prorated for the final <br />fractional month of this Lease Agreement, or if this Lease Agreement is terminated before the expiration <br />of any month for "Which Rent should have been paid. As additional consideration, Lessee shall provide to <br />Lessor, at no cost to Lessor, the option of receiving a single IP based security camera at a location of <br />Lessor's choosing vvithin the City. Lessee shall also provide to Lessor, at no cost to Lessor, the monthly <br />"Wirless lntemet ("IP") backhauI. As further consideration, Lessee shall provide to Lessor, at no cost to <br />Lessor, the option of receiving a single additional "Wireless backhaul service to the Intemet at a location <br />of Lessor's choosing "Within the City. The Intemet throughput for this second service shall be provided at <br />a minimum of 1.0 Mbps (Megabits per second). Should the Lessor "Wish to use this Intemet service at a <br />higher speed, Lessor shall pay Lessee only the difference each billing cycle. The Lessee shall provide <br />additional services to the Lessor for a fee that is 25% less then the commercially provided service fees. <br /> <br />6. Due Dilieence Contineencv and Pre-Commencement Date Access to Premises. <br />Lessee shall have the right (but not the obligation) at any time follo"Wing the full execution of this Lease <br />Agreement and prior to the Commencement Date, to enter the Premises for the purpose of making <br />necessary inspections, taking measurements, clearing brush and debris, and conducting engineering <br />surveys and other reasonably necessary tests to determine the suitability of the Premises for Lessee's <br />Facilities ("Due Diligence"), and for the purpose of preparing the Premises for the installation or <br />construction of Lessee's Facilities. During any Due Diligence activities or pre-construction "Work, Lessee <br />shall have insurance, "Which covers such activities as set forth in Sectionl6, Insurance. Lessee "Will notifY <br />Lessor of any proposed tests, measurements or pre-construction "Work and "Will coordinate the scheduling <br />of such activities "With Lessor. If in the course of its Due Diligence Lessee determines that the Premises <br />are unsuitable for Lessee's contemplated use, then Lessee shall have the right to terminate this Lease <br />Agreement prior to the Commencement Date by delivery of vvritten notice thereof to Lessor as set forth <br />in Section 13, Termination. <br /> <br />COITlITIun1cations Site Lease Agreement <br /> <br />Page 2 of 10 <br />
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