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2003/07/30 Council Agenda Packet
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2003/07/30 Council Agenda Packet
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Council Agenda Packet
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7/30/2003
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13 <br /> C. Approval by Lessor--Fees. Lessor shall review the request and respond with either <br /> an approval or disapproval of the request not later than ten (10) days prior to the proposed date of <br /> assignment, delegation, sublease, transfer or grant. Disapproval of any such request shall be final <br /> and binding on the Lessee. Lessor shall charge to Lessee a reasonable fee for administrative costs <br /> for the review and processing of any assignment,delegation,sublease or other transfer or grant. <br /> D. Included Property. "Included Property" shall mean the leasehold improvements <br /> added by the Lessee and any non-removable fixtures purchased by the Lessee attached thereto that <br /> are transferred to the assignee or sublessee as part of the assignment, sublease or other transfer. The <br /> value of the included property shall be documented by appropriate appraisals, financial statements <br /> or other business records prepared by an independent and qualified source. <br /> 10. CONDITION OF SITE: It is understood that Lessee has inspected the Site and <br /> Tower and takes "AS IS" without any warranties or representations regarding fitness, condition <br /> or suitability. Neither Lessor nor Third Party is obligated by this Lease to make any changes, <br /> removals,or repairs of any kind. <br /> 11. NUISANCE: Lessee shall not permit the existence of any nuisance on the Site <br /> including the Tower; shall keep the same in clean and safe condition and free of any explosive, <br /> flammable or combustible material which would increase the risk of fire, except such material <br /> necessary to Lessee's or any permitted sub-Lessee's business; shall not handle or store any <br /> dangerous or potentially dangerous materials or any hazardous or toxic materials, as defined <br /> under state or federal laws; and shall not permit the accumulation of junk, noxious weeds, debris <br /> or other unsightly materials. Lessee shall, at its sole expense, keep the Lessee's portion of the <br /> Site, Tower and any improvements in good repair. <br /> 12. HAZARDOUS MATERIALS AND ENVIRONMENTAL COMPLIANCE: <br /> A. Definitions. "Hazardous Materials" as used in this Lease shall mean: <br /> i. Any toxic substances or waste, sewage, petroleum products, radioactive substances, <br /> heavy metals, medical, corrosive, noxious, acidic, bacteriological or disease-producing substances; <br /> or <br /> ii. Any dangerous waste or hazardous waste as defined in: <br /> a. Washington Hazardous Waste Management Act as now existing or hereafter <br /> amended(RCW Ch. 70.105); or <br /> b. Resource Conservation and Recovery Act as now existing or hereafter <br /> amended (42 U.S.C. Sec. 6901 et seq.); or <br /> iii. Any hazardous substance as defined in: <br /> a. Comprehensive Environmental Response, Compensation and Liability Act <br /> as now existing or hereafter amended(42 U.S.C. Sec. 9601 et seq.); or <br /> `j 8 <br /> Page 7 of 30 <br />
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