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02/28/2000 Council Packet
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02/28/2000 Council Packet
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City Council
Council Document Type
Council Packet
Meeting Date
02/28/2000
Council Meeting Type
Regular
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• <br />applicable ordinances, statutes and regulations of local, state and federal <br />government agencies. Tenant shall not sublease site facility without proper <br />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 <br />seeks to increase the number of antennas, It must first pay for an evaluation <br />carried out by a qualified professional engineer, retained by Landlord <br />demonstrating that (i) each additional antenna will not Interfere with existing <br />antennas or with proposed antennas with a higher priority and that (ii) any <br />Structure can structurally support the additional antennas. The cost of each <br />evaluation must be paid by the Tenant within 30 days after receiving written <br />notice of the cost. Landlord must consent to installation of additional <br />antennas; such consent will not be unreasonably withheld. If Landlord <br />consents, the parties will negotiate the amount of additional rental for the <br />antennas based on the rent currently being paid for each existing antenna at <br />similar capacity. <br />(d) Operation. Tenant shall have the right, at its sole cost and expense, to <br />operate and maintain the Antenna Facilities on the Leased Premises in <br />accordance with good engineering practices, with all applicable FCC rules <br />and regulations. Tenant's installation of all Antenna Facilities shall be done <br />according to plans approved by Landlord. which approval shall not be <br />unreasonably withheld. Any damage done to the Leased Premises or other <br />Landlord property including the Structure during installation or during <br />operations, shall be repaired at Tenant's expense within 30 days after <br />notification of damage. The Antenna Facilities shall remain the exclusive <br />property of the Tenant. <br />(e) Maintenance, Improvement Expenses. All modifications to the Leased <br />Premises and all improvements made for Tenant's benefit shall be at the <br />Tenant's expense and such improvements, including antenna, facilities and <br />equipment, shall be maintained in a good state of repair, at least equal to the <br />standard of maintenance of the Landlord's facilities on or adjacent to the <br />Leased Premises, and secured by Tenant. It Tenant's Antenna Facilities are <br />mounted on the Structure they shall, at all times, be painted, at Tenant's <br />expense, the same color as the Structure. <br />(f) Replacements. Before the Tenant may update or replace the Antenna <br />Facilities shown on Exhibit B, Tenant must notify and provide a detailed <br />proposal to Landlord. Tenant shall submit to Landlord a detailed proposal for <br />any such replacement facilities and any other information reasonably <br />requested by Landlord of such requested update or replacement, including <br />but not limited to a technical study, carried out at Tenant's expense. Landlord <br />may not unreasonably withhold approval. <br />
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