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CC PACKET 02122013
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CC PACKET 02122013
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7/30/2015 9:08:51 AM
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4/30/2014 4:40:38 PM
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City Council
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City Code Chapter Amendment
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80 <br />during such time as LESSEE's antennas are removed from the Tower, and shall be extended to <br />cover LESSEE's activities on the Property, specifically including but not limited to, the presence <br />and operation of LESSEE's temporary antenna support structure. In addition, upon prior written <br />notice from LESSOR, LESSEE agrees to promptly pay to LESSOR all additional LESSOR <br />expenses incurred in maintaining the Premises, including painting or other maintenance of the <br />Tower, that are caused by LESSEE's occupancy of the Premises. Upon prior written notice from <br />LESSOR, LESSEE further agrees to cooperate with LESSOR in the performance of any <br />maintenance of the Tower, including turning down the cell site when maintenance workers are in <br />the immediate vicinity of the antennas; provided, however, that LESSEE has the right to leave its <br />antennas in place during any such maintenance of the Tower, which maintenance does not <br />including painting. <br />15. INTERFERENCE. <br />a. Interference Generally. LESSEE shall, at its own expense, maintain its <br />equipment on or attached to the Premises in a manner suitable to LESSOR so as not to conflict <br />with the use of the surrounding premises by LESSOR. LESSEE shall not unreasonably interfere <br />with the operations of any prior tenant using the Tower, and shall not interfere with the working <br />use of the Tower and water storage facilities on the Property or to be placed on the Property by <br />LESSOR. <br />b. Interference Study. Before obtaining a building permit, at LESSOR's <br />request, LESSEE must pay for the cost of (i) a radio frequency interference study carried out by <br />an independent and qualified professional selected by the LESSOR showing that LESSEE's <br />intended use will not interfere with any existing communications facilities and (ii) an <br />engineering study showing that the Tower is able to support the LESSEE's equipment, without <br />prejudice to the LESSOR's use of the Tower. If the study finds that there is a potential for <br />interference that cannot be reasonably remedied or for prejudice to the Tower, LESSOR may <br />terminate the Agreement immediately and refund any amounts previously paid by LESSEE. <br />C. With Tower. LESSEE shall not interfere with LESSOR's use of the <br />"Cower and agrees to cease all such actions which unreasonably and materially interfere with <br />LESSOR's use thereof no later than 48 hours after receipt of written notice of the interference <br />from LESSOR. In the event that LESSEE's cessation of action is material to LESSEE's use of <br />the Premises and such cessation frustrates LESSEE's use of the Premises, within LESSEE's sole <br />discretion, LESSEE shall have the immediate right to terminate the Agreement. <br />d. With Higher Priority Uses. If LESSEE's equipment causes <br />impermissible interference with higher priority users as set forth in Paragraph 38 below or with <br />pre-existing tenants, LESSEE shall take all measures necessary to correct and eliminate the <br />interference. If the interference cannot be eliminated within 48 hours after receiving LESSOR's <br />written notice of the interference, LESSEE shall immediately cease operating its equipment and <br />shall not reactivate operation, except intermittent operation for the purpose of testing, until the <br />interference has been eliminated. If the interference cannot be eliminated within 30 days after <br />LESSEE received LESSOR's written notice, LESSOR may at its option terminate the <br />Agreement immediately without paying liquidated damages to LESSEE. In lieu of termination, <br />upon receipt of LESSOR's prior written approval, LESSEE may relocate its facilities to another <br />MING Central <br />Water Tower Lease Agreement 8 <br />22276800 <br />
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