05-28-1997 Council Agenda - Laserfiche WebLink

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4. The License herein granted shall be limited to the use by Licensee of the above described property for the pur- pose of constructing, maintaining and replacing, if nee- essary, thereon a building of a height (including stacks, ventilators or other appurtenances on the roofs thereof) not to exceed, in the encroachment area only, an elevation of 905 feet mean sea level datum, 1929 adjustment. Licensee agrees, and it is an express condition upon which this License is granted, that the building within the area covered by the encroachment License only, shall be constructed of fire.re- sistant materials and the roof of said building within said area shall be constructed so as to carry a two hour fire rating. Licensee further agrees that no substantial quantities of flammable, explosive, or other hazardous materials or substances, or substances the fumes from which would adversely affect the efficient or effective operation of NSP's insulators or other equipment appurtenant to its aforesaid transmission lines, shall ever be used or stored in or about the portion of such structure falling within the aforesaid easement of NSP. The provisions of this paragraph shall not apply to the use or storage of fuels in trucks, storage tanks, boilers or unit heaters. S. Licensee accepts the above premises in their present condition without any promises, agreements or obligations on the part of NSP to make any improvements or repairs thereon, and in the event any interference arises whereby NSP is re- quired to rebuild or relocate its facilities due to the con- struction of said building, the costs for any relocation or rebuilding, only in the encroachment area, shall be borne by the Licensee. Page 91