Agenda - Council - 02/08/2005 - Laserfiche WebLink

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Site Name: Ramsey Dysprosium water Tower Sprint PCS Site ID #: MS60XC333A default to the other Party (without, however, limiting any other rights of the Parties pursuant to any other provisions hereof) unless such default may not reasonably be cured within a sixty (60) day period in which case this Lease may not be terminated if the defaulting party commences action to cure the default within such sixty (60)day: period 'and proceeds with due diligence .to fully cure the default; (b) By~.,.vo,~.,~,,....,r,-~,-,'T ~e~v upon 180 days' prior wfi~en notice to ............ , Co~cil decides, for my re~°n, to redevelop the Leased Premses ~ a m~er inconsistent wi~ continued me of the Leased Presses by LesseeLECeV~ anWor discontinue use of the Tower for all p~oses; (c) By LessorLESSOR if it detem~es that the Tower is stmc~ally unsold, ~cluding, but not l~ted to, consideration of age of the Tower, dmage or des~Ction of all or pa~ of the TOwer on ~e Le~ed Presses from any source, or factors relating to condition of~e Le~ed Pre~ses; (d) By LessorLESSOR i(it dete~ that a potemial user with a h~er priority ~der subpara~aph 6(a)above c~ot ~d ~other adequate locmion, or the ~te~a facilities ~e~onablY ~teffere ~ another user with a ~er priority, regardless of whe~er or not such ~ ~teffer~ce w~ predicted ~ the ~tial ~tefference study that w~ p~ of the apPDcationprOcess, provided ~at for a one ye~ period ager te~ination under ths~ subp~a~aph, LessorLESSOR shall not le~e the Leased Premises to another p~y With equal or lesser priority for the sine use as that of LE~Lessee. (e) By Less0r* ..... ~ee~., if Lessee' 's~ooE~ ~ -~ee .~,~o ~te~ cause hazel radio interference wi~:~h~er pdoffiy mers, LessorLESSEE shall take all measures necess~ to coxect and eli~nate the ~terference. If the interference ca~ot be eliminated wit~n fo~,ei~t (48):hours a~er receiving Lessor's wfi~en notice of the interference, LesseeLESSEE shall i~ediately cease operating its ~te~as and shall not reactivate oPeration, except inte~igent operation for the pu~ose of testing, Until the ~terferenee'has been eliminated. If the interference ca~ot be eliminated wit~ 60 days after LesseeLESSEE received City's written notice, Lessor.~ .....or Lessee t ~ec~ .... ~ : ..... ~ ..... j at its option resinate t~s A~eement immediately for Cause' and Without pa~ent of ~y damages. Lessar.LE .... ~ if it detemes that LesseeLEEEEE has failed to comply with applicable ord~cesl or state or federal law, or any conditions a~ached to gove~ent apprOVals ~ted ~e~der, after a public being before the Lessor's Council ~including revocation of the conditional use pe~t issued by the Lessor's 419033/2 4