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Bandwidth Lease Agreement 20231024
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Bandwidth Lease Agreement 20231024
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Last modified
12/27/2023 4:06:02 PM
Creation date
12/27/2023 4:05:36 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
10/24/2023
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PERM
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5D Consent
(Amended by)
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\City Clerk\City Council\Agenda Packets\2023\Packet 20231120
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Form51.16 (Rev. 10/14) <br />Page 21 of 35 <br />(2)All demolition, construction, remodeling, reconstruction, maintenance, repairs, <br />removal, or remediation performed on the Lease Premises at any time by Lessee shall <br />first be authorized by all appropriate Regulatory Agencies. Lessee is solely responsible <br />for determining what approvals, authorizations, or certifications are required, and shall <br />be solely responsible for all costs incurred thereby. In addition, Lessee shall obtain and <br />compl y with preventative or remedial measures required by any environmental reports, <br />assessments, or inspections, including, but not limited to those required by the California <br />Environmental Quality Act and/or the National Environmental Policy Act, or as <br />otherwise required by law or reasonably requested by Lessor. Nothing in this Lease shall <br />be interpreted as a pre-approval of any permit, certification, or any other precondition <br />required for the use of the Lease Premises. <br />(b)Continuous Use <br />Lessee's use of the Lease Premises shall be continuous from commencement of the <br />Lease until its expiration. Lessee's discontinuance of such use for a period of ninety (90) <br />days shall be presumed to be an abandonment unless Lessee demonstrates to Lessor’s <br />satisfaction that Lessee’s use of the Lease Premises is consistent with similarly situated <br />properties. In the event of an abandonment, Lessor may elect to terminate the Lease as <br />provided in Paragraph 12(a)(3). Abandonment of the Lease Premises shall not relieve <br />Lessee of any obligations under this Lease. <br />(c)Repairs and Maintenance <br />(1)Lessor shall not be required to make any Repairs in, on, or about all or part of the <br />Lease Premises. Lessee shall, at all times during the term of this Lease and without any <br />cost or expense to Lessor, keep and maintain the Lease Premises, including all <br />Improvements, in good order and repair and in a clean, safe, sanitary, and orderly <br />condition. <br />(2)Lessee shall make, or cause to be made, any Repairs which may be required by any <br />Regulatory Agency. Lessee shall observe and comply with, any law, statute, <br />ordinance, plan, regulation, resolution, or policy applicable to the Lease Premises in <br />making such Repairs. All work shall be performed with reasonable diligence, <br />completed within a reasonable time, and performed at the sole cost and expense of <br />Lessee. <br />(3)Lessee expressly accepts the Lease Premises “as is” and expressly acknowledges <br />that: <br />(i)Lessor has made no representations or warranties as to the suitability of the Lease <br />Premises for any Improvements. Lessee shall conduct all tests necessary to <br />determine the suitability of the Lease Premises for any proposed use or <br />DocuSign Envelope ID: 8D8CF2E2-DF6D-4A11-B610-2B1544DD7C30
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