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2017-140 Council Resolution
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2017-140 Council Resolution
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12/19/2017 8:25:39 AM
Creation date
12/18/2017 3:54:39 PM
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City Council
Council Document Type
Resolutions
Meeting Date
12/11/2017
Council Meeting Type
Regular
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caused by Tenant's Equipment must be paid promptly by Tenant to Owner upon Owner's notice <br />to Tenant of an invoice together with reasonable supporting documentation evidencing such <br />additional costs. In addition, if deemed necessary by Owner, Tenant will temporarily remove its <br />Equipment at Tenant's cost upon reasonable notice to allow necessary maintenance, repair, <br />repainting, reconditioning, restoration, or other activity as required by Owner. Except in the case <br />of an emergency, Owner will give Tenant at least thirty (30) days' notice of repair, repainting, or <br />restoration. In case of emergency, Owner may remove Tenant's Equipment, but must notify <br />Tenant by telephone within a reasonable time. An "emergency" will be deemed to exist only in <br />those situations which constitute an immediate threat to the health or safety of the public. Tenant <br />agrees that Owner will not be responsible to Tenant for temporary cessation of use pursuant to <br />this paragraph, provided that rentals due hereunder will be suspended during any cessation of <br />use. During any such removal or powering down of Tenant's Equipment, Tenant may install and <br />operate a mobile communications facility, or "COW", on the Tower Property. Tenant will <br />remove the COW within seventy-two (72) hours after Tenant recommences commercial <br />operation of its Equipment on the water tower. <br />14. Liability and Indemnity. Tenant will indemnify and hold Owner harmless against <br />any claim of liability or loss from personal injury or property damage resulting from or arising <br />out of the use and occupancy of the Leased Property by Tenant. To the extent allowed by law, <br />Owner will indemnify and hold Tenant harmless against any claim of liability or loss from <br />personal injury or property damage resulting from or arising out of the use and occupancy of the <br />Leased Property by Owner. Tenant shall maintain commercial general liability insurance on the <br />property with minimum limits of $1,000,000 each occurrence and $2,000,000 aggregate. If such <br />insurance contains a general aggregate limit, it shall apply separately to this Agreement. The <br />9 <br />
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