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Agenda - Council - 09/25/2007
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Agenda - Council - 09/25/2007
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3/19/2025 1:33:47 PM
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9/20/2007 2:36:45 PM
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Meetings
Meeting Document Type
Agenda
Meeting Type
Council
Document Date
09/25/2007
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<br />21. CO-LOCATION. T-Mobile shall have the right at any time during the Initial Lease Term <br />or and subsequent term thereafter to sublease any portion of the Premises andlor <br />easements set forth in Exhibit B to another wireless service provider. As compensation to <br />the Owner for T-Mobile's right to sublease, T-mobile shall pay to Owner ten percent <br />(10%) of the revenue derived from said sublease(s). T-Mobile shall not unreasonably <br />refuse to allow another Wireless service provider to co-locate on the Property. T -Mobile <br />shall reserve one co-location position for use by Owner at no cost to Owner. <br /> <br />22. NOTICES. All notices hereunder must be in writing and shall be deemed validly given if <br />delivered personally or if sent by certified mail, return receipt requested, addressed as <br />follows (ot any other address that the party to be notified may have designated to the <br />sender by like notice). <br /> <br />Ifto Owner, to: Ramsey City Administrator <br />7550 Sunwood Drive NW <br />Ramsey, MN 55303 <br /> <br />If to T-Mobile, to:T-Mobile Central, LLC, <br />8550 W. Bryn Mawr Avenue <br />Suite 100 <br />Chicago, IL 60631 <br />Attn: Lease Administration <br /> <br />With a Copy To <br />V oiceStream Minneapolis, Inc. <br />c/o T -Mobile <br />12920 SE 38th Street <br />Bellevue, W A 98006 <br />Attn: PCS Lease Administration <br /> <br />23. MISCELLANEOUS. <br />a. Owner represents and warrants that OWIier has full authority to enter into this <br />Agreement and that it has good and marketable title to the Property. <br />b. This Agreement supersedes all prior discussions and negotiations and contains all <br />agreements and understandings between Owner and T-Mobile. <br />c. This Agreement may only be amended in writing signed by all parties. Exhibits <br />"A" and "B" are incorporated into this Agreement by reference. . <br />d. This Agreement may be signed in counterparts by the parties hereto. <br />e. The terms and conditions of this Agreementshall run with the land and shall <br />extend to and bind the heirs, personal, representatives, successors and assigns of <br />Owner and T-Mobile. <br />f. The prevailing party in any action or proceeding in court to enforce the terms of <br />this Agreement shall be entitled to receive its reasonable attorneys' fees and other <br />reasonable enforcement costs and expenses from the non-prevailing party. <br /> <br />-246- <br /> <br />8 <br />
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