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Res 2011-049
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Res 2011-049
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Last modified
5/11/2011 2:15:11 PM
Creation date
4/26/2011 1:35:33 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Lease
Number
2011-49
Date
4/19/2011
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telecommunication lines to the premises; and unless herein described otherwise, to be <br />by routes reasonably determined and agreed by the parties. <br />(b) And the right to make reasonable alterations to the premises necessary to support the <br />ITT radio site equipment, after concurrence by the Lessor as to the site design details <br />prior to start of construction and prior to any alterations during the life of this lease. <br />All work performed by Lessee shall be done in a good and workmanlike manner and <br />shall meet or exceed all industry standards as well as any applicable FAA regulations, <br />rules and guidelines, and other applicable laws including but not limited to the City of <br />San Marcos codes. <br />(c) Additional Alterations. After the initial installation of ITT's equipment, ITT may not <br />make any alterations, improvements, or other modifications of any kind to the Leased <br />Premises without Lessor's written consent. Requests for same shall be in writing and <br />shall be detailed to Lessor's reasonable satisfaction. The foregoing shall be done only <br />by ITT's contractors or employees or by third parties approved by Lessor in writing. <br />(d) Property Condition Disclaimer <br />AS A MATERIAL PART OF THE CONSIDERATION FOR THIS <br />AGREEMENT, ITT AND LESSOR AGREE THAT ITT IS TAKING THE <br />LEASED PREMISES "AS IS" AND WITH ANY AND ALL FAULTS, AND <br />ANY AND ALL LATENT AND PATENT DEFECTS AND THERE IS NO <br />WARRANTY BY LESSOR THAT THE PROPERTY IS FIT FOR A <br />PARTICULAR PURPOSE. ITT ACKNOWLEDGES THAT IT IS NOT <br />RELYING UPON ANY REPRESENTATION, STATEMENT OR OTHER <br />ASSERTION WITH RESPECT TO THE PROPERTY CONDITION, BUT IS <br />RELYING UPON ITS INDEPENDENT EXAMINATION OF THE <br />PROPERTY. ITT TAKES THE LEASED PREMISES UNDER THE <br />EXPRESS UNDERSTANDING THAT THERE ARE NO EXPRESS OR <br />IMPLIED WARRANTIES EXCEPT FOR THOSE EXPRESSLY STATED <br />HEREIN AND NO WARRANTIES REGARDING SOIL, GEOLOGICAL OR <br />ENVIRONMENTAL CONDITIONS. <br />(e) Repairs and Care of Premises by Lessee. ITT shall promptly reimburse Lessor for <br />the cost of repairing or replacing damage that is caused by ITT, its agents, employees, <br />contractors or licensees. Lessor may require advance payment therefore prior to <br />repair or replacement. Lessee shall not damage or allow others to damage any <br />portion of the Leased Premises. <br />2 <br />
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