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AgdaPkt 2011-07-11
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AgdaPkt 2011-07-11
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Last modified
7/11/2011 9:40:02 AM
Creation date
7/11/2011 9:34:40 AM
Metadata
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Template:
CC Index
CC Index - Document Type
Agenda Packet
Meeting Type
Joint
Agency Type
City Council and Redevelopment Agency
Date
7/11/2011
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6.3.B. - Page 18 Attachment 3 <br />denominator of which in the Beginning Index. In no case shall the monthly rental during any Extended <br />Term be less than the rental in effect immediately prior to the Adjustment Date in question. Lessor shall <br />notify Lessee of such adjustment by delivering or mailing a written statement setting forth the calculation <br />of the adjustment in rental. If the format or components of the Index shall be changed materially, or if the <br />Index shall be discontinued after the date of this Lease, then Lessor shall substitute an index that is <br />published by the U.S. Department of Labor, Bureau of Labor Statistics or similar agency and which index <br />most nearly is equivalent to the Index in effect on the date of this Lease. Lessor shall notify Lessee of the <br />substituted Index, which Index shall be used to calculate the adjustment to rental unless Lessee objects in <br />writing with fifteen (15) days after its receipt of L=Ws notice, if Lessee objects, then the substitute <br />Index shall be determined in accordance with the rules and regulation of the American Arbitration <br />Association. The cost of such arbitration shall be borne as determined by the American Arbitration <br />Association. <br />4. USE. <br />4.01 Permitted Uses. Lessee shall use the Leased Premises as one of Lessee's <br />communications sites (a "Cell Site') comprising Lessee's system (the "System ") for furnishing all cellular <br />telephone, radio and telecommunications services to the public that Lessee is legally authorized to provide <br />during the term of this Lease. A Cell Site is a site at which radio, telephone and communications <br />equipment and antennas are installed and used to send and receive radio signals to and from cellular <br />telephones and other radio devices and to connect those signals to radio, telephone or other <br />communications facilities either directly, by means of cables, or indirectly, by means of transmitting and <br />receiving facilities (including microwave tliitennas) located at the Cell Site. Lessee shall not use the Leased <br />Premises for any other purposes without the written consent of Lessor. <br />4.02 Access- Lessor hereby grants to Lessee for the duration of this Lease, or <br />any extensions thereof, a non - exclusive right of ingress and egress in and over the common areas at the <br />Emerald Lake Hills Water Tank Property and the access road (the "Access Road ") off "California Way" <br />shown on Exhibit B as "California Way" to or from the-Leased Premises (the "Aces Areas "). The rights <br />granted to Lessee herein are for the purpose of installing, constructing, maintaining, restoring, replacing, <br />and operating Lessee's equipment located within or on the Leased Premises or such Access Areas, <br />including, in the case of an emergency, the right to temporarily install a fuel powered electrical generator.. <br />Such rights shall include the right of ingress and egress, twenty -four (24) hours per day, seven (7) days <br />per week over such Access Areas for access to or from any of Lessee's equipment. <br />3. <br />
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