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Agenda - Council - 02/08/2005
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Agenda - Council - 02/08/2005
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3/21/2025 1:40:16 PM
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2/7/2005 7:58:24 AM
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Meetings
Meeting Document Type
Agenda
Meeting Type
Council
Document Date
02/08/2005
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Site Name: Ramsey DysprosiUm Water Tower Sprint PCS Site ID #: MS60XC333A <br /> <br />(e) <br /> <br />3l. <br /> <br />32. <br /> <br />any governmental aUthorities regulating or imposing standards of liability or <br />standards of conduct with regard to any environmental or industrial hygiene <br />concerns or conditions as': may now or at any time hereafter be in effect, unless <br />such compliance results from conditions caused by the~,~vl~o~,,~,* ~r~r,r ~,,,.. and b) <br />any environmental oi' indUStrial hygiene conditions arising out-of or in any way <br />related to the cOndition of the Leased Premises or activities conducted thereon, <br />unless such environmental fonditions are cauSed by the LessorLESS©R. <br />Lesse ~ ..... represents :an warrants that its use of the Leased Premises will not <br />generate and LesseeLE£$EE will not store or dispose of on the Leased Premises, <br />nor transport to or Over the Leased Premises, any hazardous materials, unless <br />LesseeLE££EE.SpecificallY informs LessorLE$$OR thereof in writing twenty-four <br />hours Prior to such: storage, disposal or transport, or otherwise as soon as <br />LesseeLE¢~g,~EE becomes aware of the existence of hazardous materials on the <br />LeasedlPremises: The obligations of this representation and warranty shall survive <br />the expiration or Other termination of this Lease Agreement. <br /> <br />CAsuALTy. In the event of damage by fire or other casualty to the Leased <br />Premises that cannot reasonably be expected to be repaired' within forty-five (45) <br />days foilowing same or, if the Leased Premises is damaged by fire or other casualty <br />so that: such damage:maY: reasonably be expected to disrupt Lessee'sLESSEE's <br />operations at the Leased premises for more than forty-five (45) days, then <br />Lessee~E£SEE may .at any time following such fire or other casualty, provided <br />LessorLE$8OR has not completed the restoration required to permit <br />Lessee~ ..... to resume its operation at the Leased Premises, either install, erect <br />and operate a temporary communication facility (cell on Wheels) "C:O_.W" at <br />L ..... ,~r ~e~.,e s01e cOst and expense until such time that ~,~,,,4 ~ec~r~ has <br />restored the Leased Pi:emises to Lessee sL .... ~ S satisfaction, or terminate this <br />Lease Agreement upon fifteen (t5) days 'written notice to LessorLE£$OR. Any <br />such notice ofterminarti.on shall cause this Lease Agreement to expire with the same <br />force and effect as though the date set forth in such notice were the date originally <br />set as the expiration date Of this :Lease Agreement and the parties shall make an <br />appropriate adjustmen[, as 0fsuch termination date, with respect to payments due to <br />the other under this Lease Agreement. Notwithstanding the foregoing, all rent shall <br />abate during the Period of such fire or other casualty. <br /> <br />CONDE..MNATION. In the event of any condemnation of the Leased Premises, <br />LesseeLESSEE may terminate this Lease Agreement upon fifteen (15) days written <br />notice to LessorLESSOR if such condenmation may reasonably be expected to <br />disrupt LESSEE's :LeSSee's operations at the Leased Premises for more than forty- <br />five (45) days. Less. eeLES£EE may on its own behalf make a claim in any <br />condemnation proceeding involving the Leased Premises for losses related to the <br />antennas, equipment, its relocation costs and its damages and losses (but not for the <br /> <br />419033/2 <br /> <br />13 <br /> <br /> <br />
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