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2020/09/23 Council Agenda Packet
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2020/09/23 Council Agenda Packet
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Council Agenda Packet
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9/23/2020
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17. REMOVAL OF IMPROVEMENTS: Lessee shall have the right at any time <br />during Lessee's occupancy of the leased property, and the obligation within sixty (60) days after <br />expiration or earlier termination of this Lease, to remove in a workmanlike and careful manner <br />and without interference or damage to any other equipment, structures, or operations on the Site, <br />any and all buildings, structures, improvements, fixtures, equipment, including antennas, fittings, <br />and lines, owned or placed by Lessee, in, under or upon the leased property, or acquired by <br />Lessee whether before or during the term of this Lease, and restore the Site to its condition prior <br />to the commencement of the Lease, reasonable wear and tear excepted. Restoration of leased <br />property shall include, but shall not be limited to, removal of antennas, removal of lines and <br />equipment, and removal of rubble and debris. <br />Furthermore, should Lessee fail to remove said properly or improvements as required by <br />above, Lessee hereby grants Lessor the absolute right and title to the affected improvements upon <br />ninety (90) days written notice to Lessee, to keep, convey, destroy, or otherwise dispose of the <br />improvements in any manner Lessor chooses, and, in addition, Lessee agrees to pay any costs <br />incurred by Lessor in doing so, within thirty (30) days of receipt of Lessor's statement therefor. <br />All costs and expenses for removal of Lessee's facilities and restoration of the Site shall be <br />borne by the Lessee, and Lessee shall hold Lessor harmless from any portion thereof. <br />The provisions of this Section shall survive the termination of this Lease. <br />18. CONDEMNATION: If the Site or any part thereof shall be taken for public <br />purposes by condemnation as a result of any action or proceeding in eminent domain or shall be <br />transferred in lieu of condemnation to any authority entitled to exercise the power of eminent <br />domain, the effect of the taking or transfer upon this Lease shall be as follows. <br />A. If only a part of the Site is taken or transferred leaving the remainder of said Site <br />in such location and in such form, shape and size so that, in the sole opinion of Lessee, it is still <br />practical to conduct business thereon, the monthly rental required to be paid by Lessee to Lessor <br />by Section 4 of this Lease shall remain unaffected. If Lessee determines in its sole discretion that <br />it is not practical to conduct business on the Site, Lessee may terminate the Lease immediately. <br />B If the whole of the leased Site is taken or transferred, Lessee may at any time <br />thereafter terminate this Lease by giving Lessor ten (10) days notice in writing of such <br />termination. If the Site is taken or transferred under the circumstances described above, Lessee <br />shall be entitled to any award or compensation from the condemning authority for or attributable <br />to the taking or relocation of the buildings, improvements, fixtures and equipment owned by <br />Lessee. Lessor agrees to return any unearned rent to Lessee. Lessee agrees that it is not entitled to <br />and hereby disclaims any other award for such taking. <br />19. RELOCATION: Lessee agrees that the Lessee and its successors or assigns are <br />not subject to nor entitled to any relocation assistance as provided in the Uniform Relocation and <br />Real Property Acquisition Regulations. <br />Page 13 of 22 <br />
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