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17-Deliberate and act on a resolution authorizing a lease agreement with NE Radio Operations and Command Inc.
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10-12-2009
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17-Deliberate and act on a resolution authorizing a lease agreement with NE Radio Operations and Command Inc.
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8/22/2012 4:32:06 PM
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10/9/2009 5:48:50 PM
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CITY CLERK
Doc Name
17
Doc Type
Agenda
CITY CLERK - Date
10/12/2009
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LEASE AGREEMENT fWATER TOWERI <br />This Lease Agreement ("Agreement") is entered into by and between the City of <br />Paris, Texas, a home rule municipal corporation, ("Lessor") and Northeast Texas Radio <br />Operations & Command, Inc., a Texas corporation, ("Lessee"), acting by and through their <br />authorized representatives. This Agreement shall become effective upon the date last <br />executed by a party to the Agreement ("Effective Date"). <br />For good and valuable consideration the receipt and sufficiency of which is hereby <br />acknowledged, the parties hereto agree as follows: <br />1. Premises. Lessor is the owner of a parcel of land (the "Land") and a Water Tower <br />(the "Water Tower") located at 635 N. E. 25t" Street in the City of Paris, Lamar County, <br />Texas, (the Water Tower and Land are collectively, the "Property"). The Land is more <br />particularly depicted in an aerial photo attached hereto and incorporated herein by <br />reference as Exhibit "A". Lessor hereby leases to Lessee and Lessee leases from Lessor, <br />approximately Four Hundred (400) square feet of the Land herein referred to as the <br />Building and space on the Water Tower and all necessary access and utility easements, if <br />any, (collectively, the "Premises") as further described and depicted on the drawing <br />attached hereto and incorporated herein as Exhibit "B". <br />2. Use. The Premises may be used by Lessee for any activity in connection with the <br />provision of ham radio communications services. Lessor agrees to cooperate with Lessee, <br />at Lessee's expense, in making application for and obtaining all licenses, permits and any <br />and all other necessary approvals that may be required for Lessee's intended use of the <br />Premises. <br />3. Tests and Construction. Lessee shall have the right at any mutually agreeable time <br />following the effective date of this Agreement to enter upon the Property for the purpose of <br />making appropriate engineering and boundary surveys, inspections, soil test borings, other <br />reasonably necessary tests and constructing Lessee's Facilities. Upon Lessee's request, <br />Lessor agrees to provide to Lessee copies of all plans, specifications, surveys and Water <br />Tower maps for the Property and Premises. The Water Tower map shall include the <br />elevation of all existing antennas on the Water Tower and the frequencies upon which each <br />operates. <br />4. Term. The term of this Agreement shall be for an initial period of five (5) years <br />commencing on the effective date of this Agreement and terminating on the fifth <br />anniversary of the Effective Date (the "Initial Term") unless otherwise terminated earlier as <br />provided herein. Lessee shall have the right to renew this Agreement for up to five (5) <br />additional five (5) year periods (the "Renewal Terms") on the same terms and conditions <br />as set forth herein. This Agreement shall automatically be extended for each Renewal Term <br />unless either Lessor or Lessee notifies the other of its intention not to renew at least sixty <br />(60) days prior to the expiration of the then current term. <br />1 <br />
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