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CC_Minutes_2013_0325
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CC_Minutes_2013_0325
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4/25/2013 1:26:28 PM
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Roseville City Council
Document Type
Council Minutes
Meeting Date
3/25/2013
Meeting Type
Regular
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LESSEE is permitted to return to its original location from the temporary location <br /> with all costs for the same being paid by LESSOR. <br /> 15. INTERFERENCE. LESSEE agrees to install equipment of the type and <br /> frequency which will not cause harmful interference which is measurable in accordance with <br /> then existing industry standards to any equipment of LESSOR or other lessees of the Property <br /> which existed on the Property prior to the date this Agreement is executed by the Parties. In the <br /> event any after-installed LESSEE's equipment causes such interference, and after LESSOR has <br /> notified LESSEE in writing of such interference, LESSEE will take all commercially reasonable <br /> steps necessary to correct and eliminate the interference, including but not limited to, at <br /> LESSEE's option, powering down such equipment and later powering up such equipment for <br /> intermittent testing. In no event will LESSOR be entitled to terminate this Agreement or relocate <br /> the equipment as long as LESSEE is making a good faith effort to remedy the interference issue. <br /> LESSOR agrees that LESSOR and/or any other tenants of the Property who currently have or in <br /> the future take possession of the Property will be permitted to install only such equipment that is <br /> of the type and frequency which will not cause harmful interference which is measurable in <br /> accordance with then existing industry standards to the then existing equipment of LESSEE. <br /> The Parties acknowledge that there will not be an adequate remedy at law for noncompliance <br /> with the provisions of this Paragraph and therefore, either Party shall have the right to equitable <br /> remedies, such as, without limitation, injunctive relief and specific performance. <br /> 16. REMOVAL AT END OF TERM. LESSEE shall, upon expiration of the Term, or <br /> within ninety (90) days after any earlier termination of the Agreement, remove its building(s), <br /> antenna(s), equipment, conduits, fixtures and all personal property and restore the Premises to its <br /> original condition, reasonable wear and tear and casualty damage excepted. LESSOR agrees and <br /> acknowledges that all of the equipment, conduits, fixtures and personal property of LESSEE <br /> shall remain the personal property of LESSEE and LESSEE shall have the right to remove the <br /> same at any time during the Term, whether or not said items are considered fixtures and <br /> attachments to real property under applicable Laws. If such time for removal causes LESSEE to <br /> remain on the Premises after termination of this Agreement, LESSEE shall pay rent at the then <br /> existing monthly rate or on the existing monthly pro-rata basis if based upon a longer payment <br /> term, until such time as the removal of the building, antenna structure, fixtures and all personal <br /> property are completed. <br /> 17. HOLDOVER. LESSEE has no right to retain possession of the Premises or any <br /> part thereof beyond the expiration of that removal period set forth in Paragraph 16 herein, unless <br /> the Parties are negotiating a new lease or lease extension in good faith. In the event that the <br /> Parties are not in the process of negotiating a new lease or lease extension in good faith, LESSEE <br /> holds over in violation of Paragraph 16 and this Paragraph 17, then the rent then in effect payable <br /> from and after the time of the expiration or earlier removal period set forth in Paragraph 16 shall <br /> be equal to the rent applicable during the month immediately preceding such expiration or earlier <br /> termination. <br /> 18. RIGHT OF FIRST REFUSAL. If LESSOR elects, during the Term (i) to sell or <br /> otherwise transfer all or any portion of the Property, whether separately or as part of a larger <br /> parcel of which the Property is a part, for the purpose of operating and maintaining <br /> communications facilities or the management thereof, with or without an assignment of this <br /> MINC Rosey <br /> Tower Lease Agreement 8 <br /> 2201205v6 <br />
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