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09-24-2018 Council Meeting Packet
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09-24-2018 Council Meeting Packet
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10/30/2021 1:05:49 PM
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City Council
Council Document Type
Council Packet
Meeting Date
09/24/2018
Council Meeting Type
Regular
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7 <br /> <br /> Before placement of additional equipment after the initial installation, Tenant must <br />provide an interference study acceptable to Owner, indicating that Tenant's intended use will not <br />interfere with any user having a higher priority as set forth above, or with any existing user <br />having an equal priority with the Tenant on the water tower. Owner in no way guarantees to <br />Tenant subsequent noninterference with Tenant's Equipment by Owner; provided, however, that <br />in the event any third party, except a higher priority user, requests permission to place any type <br />of additional antenna or Equipment on the water tower, Owner will ensure that the procedures of <br />this paragraph 11 will govern to determine whether such antenna or equipment will interfere with <br />Tenant's operations. In the event that such interference occurs, Tenant has a right to terminate <br />this Agreement at any time. <br /> If Owner receives a request from any entity having the same or lesser priority than <br />Tenant to use the Leased Property for communication purposes (the "Requestor"), Owner will <br />submit the Requester's proposal, complete with all technical specifications reasonably requested <br />by Tenant, to Tenant for review for noninterference. Tenant will have thirty (30) days following <br />receipt of said proposal to make any objections thereto, and failure to make any objection within <br />said thirty (30) day period will be deemed consent by Tenant to the installation of antennas or <br />equipment pursuant to said proposal. If Tenant gives notice of objection due to concerns of <br />interference during such thirty (30) day period, then Owner will not proceed with such proposal. <br />The Requester will be responsible for the expenses incurred in any independent validation of <br />Tenant's interference objections; provided, however, should the independent analysis conclude <br />that Tenant's interference objections are invalid, Tenant will be responsible for any independent <br />validation fees. A higher priority user may be allowed to place antenna or other communications <br />facilities on the water tower regardless of potential or actual interference with Tenant's use.
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