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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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<br />9 <br /> <br />Owner in no way guarantees to Tenant subsequent noninterference with Tenant's <br />Equipment by Owner; provided, however, that in the event any third party, except a <br />higher priority user, requests permission to place any type of additional antenna or <br />Equipment on the water tower, Owner will ensure that the procedures of this paragraph <br />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 <br />terminate 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 <br />will submit the Requester's proposal, complete with all technical specifications <br />reasonably requested by Tenant, to Tenant for review for noninterference. Tenant will <br />have thirty (30) days following receipt of said proposal to make any objections thereto, <br />and failure to make any objection within said thirty (30) day period will be deemed <br />consent by Tenant to the installation of antennas or equipment pursuant to said proposal. <br />If Tenant gives notice of objection due to concerns of interference during such thirty (30) <br />day period, then Owner will not proceed with such proposal. The Requester will be <br />responsible for the expenses incurred in any independent validation of Tenant's <br />interference objections; provided, however, should the independent analysis conclude <br />that Tenant's interference objections are invalid, Tenant will be responsible for any <br />independent validation fees. A higher priority user may be allowed to place antenna or <br />other communications facilities on the water tower regardless of potential or actual <br />interference with Tenant's use.
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