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09-25-2023 Council Meeting Packet
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09-25-2023 Council Meeting Packet
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9/22/2023 11:10:06 AM
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9/22/2023 11:04:19 AM
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City Council
Council Document Type
Council Packet
Meeting Date
09/25/2023
Council Meeting Type
Regular
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3 <br />(iii) In the event of an emergency power outage, and for the duration of such <br />outage, Tenant may install a temporary portable generator to be located adjacent <br />to the communications Water Tower. The fuel tank for the generator shall be self - <br />contained (gasoline or diesel) and must be used in accordance with all applicable <br />fire and health codes. <br />The equipment listed in this paragraph is collectively referred to as the "Equipment". <br />4.Equipment Installation. <br />a.Owner approves the installation of the Equipment described herein as of the <br />Effective Date of this Agreement. Tenant's subsequent installation and/or maintenance of such <br />Equipment must be done according to plans approved by Owner’s engineering consultant (the <br />"Engineer") and inspected by the Engineer or an agent selected by the Engineer, which approval <br />will not be unreasonably withheld, conditioned or delayed and which approval shall be deemed <br />granted if the Engineer fails to approve or deny Tenant’s plans within twenty (20) day of request <br />for approval. Tenant will be responsible for the cost of the inspection; provided, however, that <br />Owner shall obtain an estimate of such costs and Tenant’s prior written approval shall be <br />required if the estimate exceeds the then current escrow balance by more than $2,000 or if the <br />estimate exceeds the Original Escrow Balance (as hereinafter defined). <br />b.Any damage done to the Leased Property, Owner’s Property, and/or Water Tower <br />itself by Tenant or its employees or agents, save normal wear and tear, during installation and/or <br />during operation, must be repaired or repla ced within thirty (30) days after written notification <br />by the Engineer, at Tenant's expense, and to the Engineer's reasonable satisfaction. All work <br />performed on the Water Tower must be constructed according to applicable federal, state and <br />local laws, inc luding, but not limited to, OSHA safety rules and regulations. All materials used <br />on the Water Tower will not rust or cause the Water Tower structure to rust. In the event of such <br />rust to Tenant’s Equipment, Tenant must replace rusting Equipment. To the e xtent that Tenant’s <br />Equipment causes any portion of the Water Tower to rust, Tenant shall be responsible for the <br />reasonable cost to remove and repair the rusted portion of the Water Tower structure, as near as <br />practicable, to its pre-rust condition. <br />c.Notwithstanding the foregoing, without Owner’s consent but with notice as <br />required hereinbelow, Tenant may perform add, remove, modify, maintain, repair, and replace
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