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2006/04/05 Council Agenda Packet
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2006/04/05 Council Agenda Packet
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Council Agenda Packet
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4/5/2006
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8 <br /> sublicense, transfer or grant, a description of the expected terms of the assignment, delegation or <br /> sublicense or other transfer or grant and a full disclosure of any and all payments and any and all <br /> other consideration of any kind to be received by Licensee. Upon request by Licensor, Licensee <br /> shall provide: <br /> i. a financial statement of the proposed assignee, delegatee, sublicensee, transferee <br /> or grantee; <br /> ii. a copy of the assignment, delegation, sublicense or other transfer or grant <br /> document; <br /> iii. an affidavit from the proposed assignee, delegatee, sublicensee, transferee or <br /> grantee stating it has examined this License, has had the opportunity to consult with legal <br /> counsel regarding the terms of the License and understands all such terms and conditions, agrees <br /> to assume and be bound by all of the Licensee's obligations and covenants under this License as <br /> if it were the original Licensee hereunder; and <br /> iv. any other documents or information requested by Licensor related to the <br /> assignment, delegation, sublicense or other transfer or grant. <br /> C. Approval by Licensor -- Fees. Licensor shall review the request and respond with <br /> either an approval or disapproval of the request not later than thirty(30) days prior to the proposed <br /> date of assignment, delegation, sublicense, transfer or grant. Disapproval of any such request shall <br /> be final and binding on the Licensee. Licensor shall charge to Licensee a reasonable fee for <br /> administrative costs for the review and processing of any assignment, delegation, sublicense or <br /> other transfer or grant. <br /> D. Included Property. "Included Property" shall mean the License improvements <br /> added by the Licensee and any non-removable fixtures purchased by the Licensee attached thereto <br /> that are transferred to the assignee or sublicensee as part of the assignment, sublicense or other <br /> transfer. The value of the included property shall be documented by appropriate appraisals, <br /> financial statements or other business records prepared by an independent and qualified source. <br /> 10. CONDITION OF SITE: It is understood that Licensee has inspected the Site and <br /> Tower and takes "AS IS" without any warranties or representations regarding fitness, condition <br /> or suitability. Neither Licensor nor Landowner is obligated by this License to make any changes, <br /> removals, or repairs of any kind. Licensee has conducted such feasibility analysis and <br /> determinations as it deems necessary and has made its decision as to feasibility and to enter into <br /> this License solely on the basis of its own analysis. <br /> 11. NUISANCE: Licensee 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 Licensee's or any permitted sub-Licensee'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 /> 55 7 <br />
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