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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
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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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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 32 of 35 <br />13.RESTORATION OF LEASE PREMISES AND ENVIRONMENTAL MATTERS <br />(a) Restoration of Lease Premises <br />(1)Upon expiration or sooner termination of this Lease, Lessee must immediately <br />surrender possession of the Lease Premises to Lessor. Prior to the time of surrender, <br />Lessee must remove all or any Improvements together with the debris and all parts of <br />any such Improvements at its sole expense and risk, regardless of whether Lessee <br />actually constructed or placed the Improvements on the Lease Premises; or Lessor, at <br />its sole and absolute discretion, may itself remove or have removed all or any portion <br />of such Improvements at Lessee's sole expense. Lessor may waive all or any part of this <br />obligation in its sole discretion if doing so is in the best interests of the State. <br />(2)As a separate and related obligation, Lessee shall restore the Lease Premises as <br />nearly as possible to the conditions existing prior to the installation or construction of <br />any Improvements. For purposes of this Lease, restoration includes removal of any <br />landscaping; removal of any Hazardous Materials; and to the extent possible, undoing <br />any grading, fill, excavation, or similar alterations of the natural features of the Lease <br />Premises. Lessor may waive all or any part of this obligation in its sole and absolute <br />discretion. <br />(3)Unless otherwise provided for in this Lease, Lessee shall submit to Lessor no later than <br />one (1) year prior to the expiration of this Lease either: (a) an application and minimum <br />expense deposit for a new lease for the continued use of the Lease Premises, or (b) a <br />plan for the restoration of the Lease Premises to be completed prior to the expiration of <br />the lease term together with a timeline for obtaining all necessary permits and <br />conducting the work prior to the expiration of this Lease. <br />(4)In removing any or all Improvements, or conducting any restoration work, Lessee <br />shall be required to obtain any permits or other governmental approvals as may then <br />be required by any Regulatory Agency, including, without limitation, any <br />Environmental Law. <br />(5)Lessor may, upon written notice, in its sole and absolute discretion, accept title to <br />any or all Improvements at the termination of this Lease. Lessor shall notify Lessee that <br />Lessor intends to take title to any or all Improvements within six (6) months of Lessee <br />submitting a plan for restoration under Paragraph 13(a)(3)(b) above. If Lessor elects <br />to take title to any such Improvements, Lessee shall deliver to Lessor such <br />documentation as may be necessary to convey title to such Improvements to Lessor <br />free and clear of any liens, mortgages, loans, or any other encumbrances. Lessor shall <br />not pay, and Lessee shall not be entitled to compensation for Lessor’s taking title to <br />such property. <br />DocuSign Envelope ID: 8D8CF2E2-DF6D-4A11-B610-2B1544DD7C30
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