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5G Consent
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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 13 of 35 <br />30. Surety Bond: <br />a) Lessee may provide Lessor’s staff with a third-party cost estimate for <br />removal of the fiber optic cable and HDPE conduit from the Lease <br />Premises. Upon Lessor’s staff’s approval of the estimate, the Surety Bond <br />amount listed in Section 1 is modified to that estimated removal amount, <br />and Lessee must provide Lessor with a surety bond for the modified amount <br />within 60 days of Lessor’s staff’s approval of that cost estimate. If Lessee <br />does not obtain an estimate by a third-party consultant, the default <br />amount of $5,000,000 applies. Lessor may further modify the surety bond as <br />described in Section 3, Paragraph 10. <br />b) The surety bond required by this Lease may be reviewed and updated for <br />sufficiency by Lessor on each fifth anniversary of this Lease (i.e., the fifth, <br />tenth, fifteenth, etc.) and the amount of the bond may be increased as <br />needed to cover the estimated cost for potential removal of the <br />improvements on the Lease Premises. Lessor’s lack of review at any fifth <br />anniversary shall not waive or prejudice Lessor’s ability to review and update the <br />bond at any subsequent fifth anniversary. <br />31. Lease Management Agreement – Lessee shall reimburse reasonable documented <br />expenses incurred by Lessor or its staff in managing the Lease. The estimated cost <br />of Lessor or its staff in managing this Lease (Estimated Cost) is: <br />• Land Management Review: $10,000 <br />• Mitigation Monitoring Program Review: $30,000 <br />• Engineering Review: $15,000 <br />Lessor will advise Lessee in writing if its actual costs in any given year exceed the <br />Estimated Cost. This does not create an obligation for Lessor to perform any <br />specific work or provide any specific services. Lessor assumes no liability for the <br />work contemplated. The parties agree and acknowledge that this does not <br />create an employment or fiduciary relationship. Any work performed by Lessor <br />shall be done within Lessor’s duties and obligations as a public agency. Lessor <br />retains ownership of any work product created and retains full discretion to act in <br />the best interests of the City in managing and monitoring this Lease. <br />a) Scope of Work – Lessor’s staff shall perform work (as applicable) required to <br />manage the Lease which may include, but shall not be limited to, receiving <br />and reviewing surveys, Mitigation Monitoring Program reports, the 10-year Base <br />Rent adjustment, construction drawings, geotechnical reports, and other <br />engineering materials, hazardous spill contingency plans, fire protection and <br />emergency response plans, as-built drawings, plans for removal of
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