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Last modified
10/26/2007 11:55:45 AM
Creation date
12/9/2004 7:23:15 AM
Metadata
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Template:
Planning Files
Planning Files - Planning File #
3303
Planning Files - Type
Conditional Use Permit
Address
2335 DALE ST N
Applicant
Qwest
Status
Approved
Date Final City Council Action
6/26/2001
Planning Files - Resolution #
9906
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<br />14. Termination. Except as otherwise provided herein, this Lease may be terminated <br />by either pat1y upon sixty (60) days' written notice of default to the other pat1yas follows: (a) <br />by either party upon a default of any covenant or term hereof by the other party, which default is <br />not cured within sixty (60) days of receipt of written notice of default to the other party (without, <br />however, limiting any other rights of the parties at law, in equity, or pursuant to any other <br />provisions hereof); (b) by Lessee if it is unable to obtain or maintain any license, permit, or other <br />governmental approval necessary for the construction and/or operation of the Antenna Facilities <br />or Lessee's business; (c) by Lessee ifthe Property is or becomes unacceptable under the Lessee's <br />design or engineering specifications for its Antenna Facilities; (d) by Owner, upon ten (l0} day( <br />written notice to Lessee, if Lessee is in any way interfering with Owner's Fire Department <br />operations and same is not cured within ten (0) days of Lessee's receipt of notice from Owner; , <br />ef (e) bv Owner, upon one hundred eighty (80) days' written notice to Lessee ifit decides~ in its <br />sole discretion and for any reason, to expand or alter its Fire Department facilities and/or <br />discontinue use of the Property for its current all purposes or detennines that it should sell the <br />property; (fe) by an independent structural engineer if it determines that the Property is <br />structurally unsound for use as a tower, including but not limited to consideration of age of the <br />structure, damage or destruction of all or part of the Property from any source, or factors relating <br />to condition of the Property; or (f) if the FCC determines~ in its sole discretion~ that continued <br />occupancy of Property by Lessee is in fact a threat to health, safety or welfare. <br /> <br />Upon the written request of Owner at the termination of this Lease for any reason, Lessee <br />shall remove its tower, equipment, personal property, Antenna Facilities, and leasehold <br />improvements from the Property on or before date within sixty (60) days of termination, weather <br />pemlitting, and shall repair any damage to the Owner's Property caused by such equipment, <br />normal wear and tear and casualty excepted~t all at Lessee's sole cost and expense and to <br />reasonable satisfaction of the Owner. Any such property or facilities which are not removed by <br />the end of lease period within the time period set [011h above shall become the property of <br />Owner. <br /> <br />Notwithstanding the foregoing, Owner shall have the right to request that title to the <br />tower be transferred to it upon the termination of this Lease. Within thirty (30) days of Tenant's <br />receipt of written notice of Owner's exercise of this option. Tenant shall cause a bill of sale for <br />the tower to be given to Owner and Tenant's obligations for tower removal as aforesaid shall be <br />terminated. However, in the event that this Lease shall tenllinate prior to twenty (20) years from <br />the commencement of this Lease and Owner requests that title be transferred to it, Owner shall <br />pay to Qwest the unamortized (based on a straight-line amortization over twenty (20) years) <br />costs incurred by Tenant in constructing the tower simultaneously with its receipt of the hill of <br />sale for the tower. <br /> <br />15. Insurance. <br /> <br />(a) Lessee and Owner shall carry adequate insurance to protect the parties <br />against any and all claims, demands, actions, judgments, expenses, and liabilities which may <br />arise out of or result directly or indirectly from Lessee's use of the Property and Owner's use of <br />the tower. Any applicable policy shall list the Owner as an additional insured and shall provide <br /> <br />83831 <br /> <br />6 <br />
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