97-041 Ordinance - Laserfiche WebLink

Home Browse Search

unacceptable or unusable under Tenant's then current design or engineering specifications for the Antenna Facilities or the Permitted Use or the communications system to which the Antenna Facilities belong. 11. Tenant shall pay personal property taxes attributable to the Antenna Facilities. Landlord shall pay when due all real property taxes, fees anti assessments attributable to the Properly and Premises. Tenant will carry commercial general liability insurance in an aggregated amount of S 1,000,000.00 and name Landlord as an additional insured on the policy or policies. Landlord and Tenant shall look solely to insurance for loss due to any peril which is covered by insurance and neither party's insurance company shall be subrogat~xl to a claim against the other party. Each party shall indemnify, hold harmless and defend the other against loss from their acts and the acts of their employees and agents. The parties shall share in a condemnation award in proportion to their interest in the property taken. 12. All notices and demands shall be in writing and shall be deemed given if personally delivered, mailed by certified mail, return receipt requested, or sent by overnight carrier to the following: LANDLORD: City of North Olmsted 5200 Dover Center Road North Olmsted, OH 44070 Attn: Carolyn Kesler, Safety Director or present Safety Director AT&T Wireless PCS, Inc. AT&T Wireless PCS, Inc. 25000 Great Northern Corporate 25000 Great Northern Corp.Ctr.#1 Center 1-Suite 444 Suite 444 North Olmsted, OH 44070 North Olmsted, OH 44070 Attn: General Counsel Attn: Dir. System Development 13. Tenant represents, warrants a~ covenants that it will conduct its activities on the Property in compliance with all applicabk Bnvl Laws (as defined in attached Exhibit C). To the best of its knowledge, Landlord r+rptrtts that it will m the future concluet its activities on the Property, in compliance with all applicable Envmtr~l Laws, and that the Properly is free of Hazardous Substances (as defined in Exhibit C) as of the date of this Lease. 14. Landlord covenants and warrants to Tenant that (i) Landlord has full right, power, and authority to execute this Lease; (ii) Laadlor~d has goad and unencumbered title m the Property free and clear of any liens or mortgages except those disclosed do Tenant amt net forth in Exlnbit D attached hereto and which will not interfere with Tenant's rights to or use of the Premises; (iii) execution and performance of this Lease will not violate nay laws, ordinances, covenants or the provisions of any mortgage, lease or other agreement binding oa Landlord. Landlord fiuther covenants and warrants that Tenant shall have the quiet enjoyment of the Premises during the term of this Lease or any renewal thereof. Landlord represarts and warnais that it is a municipal c~rporatlan duly qualified do do business in Ohio arul that the person(s) gcecutng this Lease on Landlord's behalf is/are duly authorized and has the full right, title, and authority to execute and deliver this Lease on behalf of the Landlord, and that this Lease is binding upon Landlord in accordance with its terms. Tenant has the right to obtain a true report or commitment for a leasehold title police from a title insurance company of its choice. Iii in the opinion of Tenant, such title report shows any defects of title or any liens or encumbrances which may adversely affect Tenant's use of the Premises or Tenant's ability to obtain lea~hold financing, Tenant shall have the right bo terminate this Lease upon written notice to Landlord.