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Agmt96 Bay Area Cellular Telephone Company-AKA Cingular and AT&T
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Agmt96 Bay Area Cellular Telephone Company-AKA Cingular and AT&T
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Last modified
2/6/2012 10:33:36 AM
Creation date
11/15/2004 11:28:24 AM
Metadata
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Template:
Agreement
Contractor Name
Bay Area Cellular Telephone Company AKA New Cingular Wireless PCS, LLC by AT&T Mobility Corp
PROJECT NAME
communications site
RMP File Number
304
Date
7/29/1996
Reso Ref
12786 12827
Amendment
Yes
Box
5854
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<br />4.03 Prohibited Uses. Lessee shall not use the Leased Premises for any purpose <br />not expressly permitted hereunder. Lessee shall not (a) create, cause, maintain or permit any nuisance in, <br />on or about the Leased Premises or permit or suffer the Leased Premises to be used for any unlawful or <br />immoral purpose, or (b) do or permit to be done anything in any manner which unreasonably disturbs the <br />occupants of neighboring property, or (c) interfere with or disturb in any way (I) the operation of Lessor's <br />system or tank site, (2) radio communication system linked to telemetry controls at various tank and <br />pumping facilities, or (3) subject to the terms of Section 4.07 of this Lease, the use of the Site by other <br />lessees of the Emerald Hills Water Tank Property. Notwithstanding the foregoing, erection and <br />maintenance of Lessee's equipment, including the antennas, and Lessee's operation of its Cell Site as <br />contemplated by this Lease, including the broadcast of signals within the frequencies allotted to Lessee by <br />the Federal Communications Commission, shall not be deemed to constitute a nuisance, disturbance or <br />interference hereunder. <br />4.04 Approval by the City and Other Ai:encies. Prior to use of the Leased <br />Premises, Lessee, at its cost, shall obtain all required permits, licenses and approvals from the City and <br />any other governmental agencies having jurisdiction over Lessee's use of the Leased Premises. As a <br />condition of this Lease, Lessee shall maintain such permits, licenses and approvals in force throughout the <br />term of this Lease, including the Extended Term in the event the Lease is extended. Lessee shall be solely <br />responsible for conducting any environmental review required to be undertaken in association with <br />Lessee's initial leasing of the Leased Premises, provided such review is not required as a result of the <br />activities of Lessor or the activities of third parties, which third party activities Lessor has knowledge of at <br />the time this Lease is entered into, and for any and all costs associated therewith. <br /> Lessor agrees to cooperate with Lessee in applying for local permits and <br />other required governmental approvals, and, without limiting the generality of the foregoing, to execute <br />any applications, maps, certificates, or other documents that may be required in connection with local <br />permits. <br />4.05 Compliance with Laws. Lessee shall not do or permit anything to be done <br />in, on or about the Leased Premises, or bring or keep anything in, on or about the Leased Premises, which <br />will in any way conflict with any law, statute, ordinance or governmental rule or regulation now in force <br />or which may hereafter be enacted or promulgated by any public authority. <br />4.06 ConditiQn. Use and Zonin¡: of Leased Premises. Lessor makes no warranty <br />or representation of any kind concerning the condition of the Leased Premises, or the fitness of the Leased <br />Premises for the use intended by Lessee, or of the applicable zoning regulations to Lessee's proposed use <br /> 4 . <br /> --O'~~"-"".-~."" ...-.'.'_._.._ <br />
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