Agenda - Council - 06/24/2008 - Laserfiche WebLink

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Revised June 18, 2008 paragraph 13. T-Mobile will name Owner as an Additional Insuredonthe Commercial General Liability and Commercial Automobile Liability Policies. The Certificate(s) shall also provide the coverage may notbe cancelled or reduced without thirty (30) days prior written notice to Owner. 14. CONDITION OF PROPERTY. The Leased Premises is public park property, except as otherwise provided in this Agreement, Owner makes no representation as to whether or not the Property and all improvements thereto, including the proposed useofthe Property by T-Mobile pursuant to this Agreement, are in compliance with all building, life/safety, and other laws of any governmental or quasi-governmental authority. 15. TERMINATION a. Events of Termination. Except as otherwise provided herein, this Lease maybe. terminated as follows: 1. By either party upon a default of any covenant or term hereof by the other party, which default is not cured within sixty (60) days of receipt of written notice of default to the-other party (without, however, limiting any other rights of the parties pursuant to any other provisions ofthis Agreement); 11. By T -Mobile for cause immediately upon notice to Owner if T -Mobile is unable to obtain or maintain any license, permit or other governmental approval necessary for the construction and/or operation of the Communications Facility, which termination shall not constitute a waiver of T-Mobile's rights under Paragraph 19 - DEFAULT - ofthis Agreement; 111. By T-Mobile for cause immediately upon notice to Owner if the Leased Premises is or becomes unacceptable for economic or technological reasons, including without limitation, unacceptable RF plan, shadowing or interference, under the Communication's Facility, design or engineering specifications or the communications system to which the Communications Facility belongs; IV. If any portion of the Leased Premises or Communications Facility is damaged . byany casualty and such damage adversely affects T-Mobile's use of the Property, this Agreement shall terminate as of the date of the casualty if T - Mobile gives written notice of the same within thirty (30) days after the date . of the casualty; v. . By Owner, after the first Renewal Term ofthis Agreement and upon one (1) year's prior written notice to T-Mobile if Owner's Councilvotes to redevelop the Property. The redevelopment shall be for a public purpose.. VI. By Owner if it determines that T-Mobile has failed to comply with applicable ordinances or state or federal law, or any conditions attached to government approvals granted hereunder, after a thirty (30) day cure period,-and a public hearing before the Owner's Council. b. Notice of Termination. The parties shall give notice of termination in writing by certified mail, return receipt requested to those persons identified in paragraph 21- Notices. Such notice shall be effective upon receipt as evidenced by the return 6 -263-