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Packet 20230918
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5G Consent
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3/21/2024 5:55:01 PM
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9/19/2023 5:43:02 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
9/18/2023
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Page 5 of 35 <br />5. The right of occupation granted herein applies only to land actually occupied by <br />the cables and landing pipes, regardless of the Lease Premises described in <br />Exhibit A and depicted in Exhibit B. <br />6. Lessee asserts that it has entered into this Lease as a principal, and not in the <br />capacity of agent for any third party. Furthermore, it is understood and agreed <br />by Lessor and Lessee that no person or entity other than Lessee, and those <br />holding an interest in the premises with the formal approval of Lessor in <br />accordance with Section 3, Paragraph 11 ("Assignment, Encumbrancing, or <br />Subletting"), shall acquire any interest in the Lease Premises or enforceable rights <br />under this Lease. <br />7. In addition to the rights reserved to Lessor under Section 3, Paragraph 6 <br />("Reservations, Encumbrances, and Rights-of-Way"), Lessor expressly reserves the <br />right to lease, convey, or encumber the Lease Premises to third parties for facilities <br />or improvements that may cross over or under Lessee's authorized improvements. <br />Lessee shall cooperate fully to facilitate the installation, operation, maintenance <br />and removal of such third-party facilities. From and after the installation of Lessee's <br />facilities, any agreement entered into by Lessor authorizing third-party use of the <br />Lease Premises for installation of facilities that will cross Lessee's improvements shall <br />provide: (i) that the rights granted thereunder will be exercised so as to minimize, to <br />the fullest extent reasonably possible, interference with Lessee's use of the Lease <br />Premises or damage to Lessee's improvements; (ii) that the third party give notice <br />to Lessee prior to the commencement of construction of the crossing; and (iii) that <br />the third party give Lessee a reasonable opportunity to negotiate and enter into <br />a crossing agreement on such terms and conditions as may address and <br />accommodate the respective rights and uses of each party. The failure of Lessee <br />and any such third party to agree on the terms and conditions of a crossing <br />agreement shall not prevent or unreasonably delay the third party from <br />proceeding with the construction of such crossing. <br />8. Notwithstanding anything contained in Section 3, Paragraphs 5(e) <br />("Enjoyment") and 6(a)(4) ("Reservations") to the contrary, should Lessor lease, <br />convey, or encumber the Lease Premises, in whole or in part, to a third party, <br />and should the proposed installation of any improvements by such third party <br />require the relocation of Lessee's authorized improvements, or any portion <br />thereof, Lessor reserves the right to require Lessee to relocate its improvements, <br />provided however, the relocation shall be at no cost to Lessee. <br />9. Lessee may elect to terminate this Lease prior to the end of the lease term, <br />thereby terminating its rights and obligations from the date of termination through <br />the end of the lease term, provided that a) Lessee notifies Lessor in writing of the <br />date on which this Lease will terminate, which date shall be no sooner than two
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