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17-Deliberate and act on a resolution authorizing a lease agreement with NE Radio Operations and Command Inc.
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17-Deliberate and act on a resolution authorizing a lease agreement with NE Radio Operations and Command Inc.
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CITY CLERK
Doc Name
17
Doc Type
Agenda
CITY CLERK - Date
10/12/2009
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such roadway, at its sole expense, except for any damage caused by Lessee's use of such <br />roadways. <br />(e) It is understood and agreed by the Parities that the primary use and purpose <br />of the Premises is to provide water storage and transmission of water to the City of Paris and <br />its customers, and that periodic maintenance and repair of the Lessor's facilities on the <br />Premises is necessary. The Lessee acknowledges and agrees that Lessor's operation, <br />maintenance and repair of the Water Tower Facilities supersedes Lessee's use of the <br />Premises for communication services, and that this Lease Agreement is subservient to the <br />needs of Lessor to maintain and operate a Water Tower and water transmission system. <br />7. Interference. All operations by Lessee shall be in compliance with all Federal <br />Communications Commission ("FCC") rules and regulations. Lessee shall not cause radio <br />frequency interference to Lessor or to any other lessee who is using the Premises at the <br />time of Lessee's installation or operation of its equipment. Should such interference occur, <br />Lessee will take all steps necessary to correct such interference and, if such interference <br />cannot be corrected within thirty (30) days of notice to Lessee of such interference, Lessee <br />will cease its operations from the Premises until such time as such interference can be <br />corrected, or, at Lessee's option, this Agreement shall be terminated. Lessor shall not allow <br />the installation of new equipment on the Property if such equipment is likely to cause radio <br />frequency interference with Lessee's operations. The Lessor will not grant a lease to any <br />other party for the use of the Lessor's property without including in that lease a provision <br />stating that the party's use will not adversely affect or interfere with the Lessee's operation <br />of its communication system. Furthermore, the Lessee shall have the right to pursue any <br />remedies available under this Agreement, at law, and/or at equity, or terminate this <br />Agreement upon thirty (30) days notice to the Lessor if another user of the facilities causes <br />significant interference with Lessee's operations, and such interference is not corrected <br />within thirty (30) days following the notice. Lessee shall have the sole burden of, and be <br />responsible for all costs associated with alleging and proving that another user of the <br />Premises is causing significant interference, or for otherwise enforcing Lessee's rights <br />under this Agreement. The Lessor shall not be responsible for the costs associated with the <br />resolution of any dispute between users of the Premises, or enforcement of any of Lessee's <br />rights under this Agreement. <br />8. Tax . Lessee shall be responsible for and pay any taxes directly attributable to the <br />Lessee Facilities or Lessee's use of the Property. <br />9. Condition of Site. Lessee accepts the Premises as is, in its current condition, and the <br />Lessor makes no representations or warranties, and hereby disclaims any and all such <br />representations or warranties, express or implied, of any kind or nature, with regard to the <br />facilities and the Premises, other than those representations and warranties set forth in this <br />Agreement. The Lessor shall maintain the Premises in compliance with all applicable <br />statutes, regulations and rules, and in a manner which will not interfere with Lessee's <br />reasonable use of the site. Lessee may remove the Lessee Facilities at any time prior to the <br />termination of this Agreement provided Lessee repairs any damage to the Premises caused <br />thereby. Upon expiration or termination for any reason of the Agreement, Lessee shall, <br />within thirty (30) days thereof, remove Lessee Facilities and any other property (other <br />3 <br />_ ■ . 0 ~ <br />
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