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11 - Ground & Tower Lease with T-Mobile-East Water Tower-Bonham Street
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11 - Ground & Tower Lease with T-Mobile-East Water Tower-Bonham Street
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11/9/2017 2:39:37 PM
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AGENDA
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substance located on or about the OWNER's Property, nor will OWNER allow any such <br />substance or hazardous condition to exist. <br />16. CONDEMNATION <br />A. In the event the whole of OWNER's Property, including without limitation the <br />Leased Site and the Tower, shall be taken or condemned, either temporarily or <br />permanently, for public purposes, or sold to a condemning authority under threat of <br />condemnation to prevent taking, then this Lease shall forthwith automatically cease and <br />terminate. <br />B. In the event any portion of the Leased Site or the Tower shall be taken or <br />condemned, either temporarily or permanently, for public purposes, or sold to a <br />condemning authority under threat of condemnation to prevent taking, then OWNER <br />agrees that TENANT may use and/or construct upon an alternative portion of OWNER's <br />Property, as selected by OWNER, which is equally suitable for TENANT's purposes, <br />provided such space is available. The exact site to which TENANT may relocate will be <br />determined by OWNER, and it may be upon any portion of OWNER's Property (or other <br />property owned or controlled by OWNER), provided that TENANT reasonably approves the <br />site as equally suitable for TENANT's intended uses. OWNER will designate a site to which <br />TENANT may relocate prior to the taking, condemnation or sale. In the event no <br />alternative portion of the OWNER's Property (or other property owned or controlled by <br />OWNER) is equally suitable for the purposes of TENANT, then this Lease shall forthwith <br />automatically cease and terminate. <br />C. OWNER shall receive the entire condemnation award for land, the Tower and <br />such other improvements as are paid for by OWNER, and TENANT hereby expressly <br />assigns to OWNER any and all right, title and interest of TENANT now or hereafter arising <br />in and to any such award. TENANT shall have the right to recover from such authority, <br />but not from OWNER (unless OWNER is the condemning authority), any compensation as <br />may be awarded to TENANT on account of the leasehold interest, moving and <br />relocation expenses, and depreciation to and removal of the personal property and <br />fixtures of TENANT. <br />17. LIENS <br />TENANT shall keep the Leased Site free from any mechanic's, material provider's or other <br />liens arising out of any work performed, materials furnished, or obligations incurred by or for <br />TENANT. TENANT shall, within twenty (20) days following notice of the imposition of any <br />such lien, cause the same to be released of record by payment or posting of a proper bond. <br />No work which OWNER permits TENANT to perform on the Leased Site shall be deemed to <br />be for the use and benefit of OWNER so that no mechanic's or other lien shall be allowed <br />against the estate of OWNER by reason of its consent to such work. OWNER shall have the <br />right to post notices that it is not responsible for payment for any such work. If TENANT in <br />good faith determines that any such lien should be contested, TENANT shall furnish such <br />security, surety bond or otherwise as may be necessary or prescribed by law to release the <br />same as a lien. If TENANT shall fail to vacate or release such lien, OWNER may, but shall <br />not be obligated to, vacate or release the same. TENANT shall repay to OWNER, on <br />demand, all sums disbursed or deposited by OWNER pursuant to the foregoing provisions of <br />131Page <br />
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