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02/14/2000 Council Packet
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02/14/2000 Council Packet
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City Council
Council Document Type
Council Packet
Meeting Date
02/14/2000
Council Meeting Type
Regular
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notice on non - renewal to Landlord no later than 90 days prior to the expiration of the <br />Initial Term or any Renewal Term, such notice to be provided in accordance with <br />Paragraph 20 of this Lease. <br />5. Tenant's Use. <br />(a) User Priority. Tenant agrees that the following priorities of use, in <br />descending order, shall apply in the event of communication interference or other <br />conflict while this Lease is in effect, and Tenant's use shall be subordinate accordingly: <br />1. Landlord; <br />2. Public safety agencies which are used by the Landlord for the general welfare of <br />its residents, including, but not limited to, law enforcement, fire, and ambulance <br />services, and public works; <br />3. Government - regulated entities and other governmental agencies not related to <br />public safety whose antennae offer a service to the general public for a fee, in a manner <br />similar to a public utility, such as long distance and cellular telephone, not including <br />radio or television broadcasters. Within this category the Tenant with the earlier <br />effective date of a continuous Site Lease Agreement shall have priority. <br />(b) Purposes. Tenant shall use the Leased Premises only for the purpose of <br />installing, maintaining, and operating a Landlord- approved communications antenna <br />facility, equipment, cabinets and an accessory building, and uses incidental thereto for <br />providing radio and wireless telecommunication services which Tenant is legally <br />authorized to provide to the public. Tenant shall submit all plans and specifications for <br />its Antenna Facilities to the Landlord for approval, which approval shall not be <br />unreasonably withheld or delayed. This use shall be non - exclusive, and Landlord <br />specifically reserves the right to allow the Leased Premises to be used by other parties <br />and to make additions, deletions, or modifications to its own facilities on the Leased <br />Premises. Tenant's communications antenna facility shall consist of antennas at a <br />Landlord- approved location, along with cables and appurtenances connected to an <br />accessory building or cabinet located on the Leased Premises ( "Antenna Facilities "). <br />Tenant shall comply with all applicable ordinances, statutes and regulations of local, <br />state and federal government agencies. Tenant shall not sublease site facility without <br />proper approval of Landlord. <br />(c) Construction. Tenant may erect and operate an antenna array in <br />accordance with its submitted application attached as Exhibit B. If Tenant seeks to <br />increase the number of antennas, it must first pay for an evaluation carried out by a <br />qualified professional engineer, retained by Landlord demonstrating that (i) each <br />additional antenna will not interfere with existing antennas or with proposed antennas <br />with a higher priority and that (ii) any Structure can structurally support the additional <br />antennas. The cost of each evaluation must be paid by the Tenant within 30 days after <br />receiving written notice of the cost. Landlord must consent to installation of additional <br />antennas; such consent will not be unreasonably withheld. If Landlord consents, the <br />3 <br />
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