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1997 007 Ordinance
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1997 007 Ordinance
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Last modified
11/19/2018 4:04:38 PM
Creation date
9/4/2018 8:46:54 AM
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Template:
Legislation-Meeting Minutes
Document Type
Ordinance
Number
007
Date
2/17/1997
Year
1997
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Option and Tower Lease Agreement <br />Page No. 4 <br />during the Lease to park one vehicle (1) upon the Property, outside of and adjacent to the <br />Premises. <br />10. Tenant may terminate this Lease, without further liability, on 30 days written notice <br />provided, however, that such termination does not interfere with the rights of other Tenants <br />or Licencees of Landlord if: (a) Tenant is unable to obtain or loses any governmental <br />approval necessary to construct or use the Antenna Facilities in Tenant's business. Tenant <br />shall have no obligation to appeal or seek renewal of such governmental approvals; or (b) the <br />Premises, in Tenant's good faith judgment, are or become unacceptable or unusable under <br />Tenant's then current design or engineering specifications for the Antenna Facilities or the <br />Permitted Use or the communications system to which the Antenna Facilities belong. <br />11. Tenant shall pay personal property taxes attributable to the Antenna Facilities. Landlord <br />shall pay when due all real property taxes, fees and assessments attributable to the Property <br />and Premises. Tenant will carry commercial general liability insurance in an aggregated <br />amount of $2,000,000.00 and name Landlord as an additional insured on the policy or <br />policies. Landlord and Tenant shall look solely to insurance for loss due to any peril which is <br />covered by insurance and neither party's insurance company shall be subrogated to a claim <br />against the other party. Each party shall indemnify, hold harmless and defend the other <br />against loss from the their acts and the acts of their employees and agents. The parties shall <br />share in a condemnation award in proportion to their interest in the property taken. <br />12. All notices and demands shall be in writing and shall be deemed given if personally <br />delivered, mailed by certified mail, return receipt requested, or sent by overnight carrier to <br />the following: <br />TENANT: <br />AT&T Wireless PCS, Inc. <br />25000 Great Northern Corp. <br />AT&T Wireless PCS, Inc. <br />25000 Great Northern Corp. Ctr I <br />Center 1-Suite 444 Suite 444 <br />North Olmsted, OH 44070 N. Olmsted, OH 44070 <br />Attn: Director, System Development Attn: General Counsel <br />LANDLORD: <br />Village of Mayfield Village of Mayfield Village of Mayfield <br />6621 Wilson Mills Rd. 6621 Wilson Mills Rd 6621 Wilson Mills Rd <br />Mayfield Village, Ohio Mayfield Village, Ohio Mayfield Village, Ohio <br />44143 44143 44143 <br />Attn: Mayor Attn: Director of Finance Attn: Law Director <br />13. Tenant represents, warrants and covenants that it will conduct its activities on the Property in <br />compliance with all applicable Environmental Laws (as defined in attached Exhibit C). <br />4 <br />
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