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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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City Council
Council Document Type
Council Packet
Meeting Date
09/25/2023
Council Meeting Type
Regular
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8 <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; <br />provided, however, that Owner will use reasonable efforts to ensure that the higher pr iority <br />user’s equipment is installed in a manner and location that will not interfere with Tenant’s use to <br />the extent possible under the circumstances. <br />Tenant's use and operation of its facilities must not interfere with the use and operation of <br />other communication facilities on the Water Tower which have a higher priority use or which <br />preexisted Tenant's Equipment. <br />12.C ondition of Water Tower and Property. Owner intends to continue the use of the <br />Property as a Water Tower for an indefinite period of time. During the term of this Agreement, <br />Owner will keep the Water Tower in good condition and repair as required by all applicable <br />laws, rules and regulations. Owner will also comply with all rules and regulations enforced by <br />the Federal Communications Commission with regard to the lighting, marking and painting of <br />towers. If Owner fails to make such repairs, including maintenance, the Tenant may make the <br />repairs and the costs thereof will be payable to the Tenant by Owner. Such costs will be <br />reimbursed to Tenant within thirty (30) days following receipt of an invoice together with <br />reasonable supporting documentation evidencing such costs. <br />13.D iscontinued Communication Equipment Space; Water Tower Maintenance . <br />a.In the event Owner determines that the Water Tower may no longer be used for <br />telecommunication purposes by Tenant or any third parties equipment space on the Water Tower <br />at this location for any reason, as may be determined by Owner in its sole discretion, Owner will <br />have the right to terminate this Agreement by giving notice thereof to Tenant in writing by
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