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05-E StarNet Addendum
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05-E StarNet Addendum
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Last modified
11/8/2005 11:24:41 AM
Creation date
8/7/2003 10:50:32 PM
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Template:
AGENDA
Item Number
5-E
AGENDA - Type
RESOLUTION
Description
StarNet Addendum to provide wireless service to Water Treatment Plant
AGENDA - Date
8/11/2003
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5. USE OF PREMISES. <br /> <br /> a. Use of Site. Tenant shall use the Premises for the installation, operation, and <br /> maintenance of Antennae Facilities as described in Exhibit B hereto, and none other, that are <br /> "personal wireless service facilities" as such term is defined in §704 of the Federal <br /> Telecommunications Act of 1996, Pub. L. No. 104-104, 110 Stat. 56 (1996), partially <br /> codified at 47 U.S.C. § 332(c)(7)(C)(2). Landlord may permit others to use other portions <br /> of the Water Tower if they do not interfere with Tenant or Tenant's transmissions, otherwise, <br /> the provisions of paragraph 14 of this Lease shall apply. <br /> <br /> b. Tenant shall, at its expense, comply with all present and future federal, state, and <br /> local laws, ordinances, rules, and regulations (including laws and ordinances relating to <br /> health, radio frequency emissions, other radiation, and safety) in connection with the use, <br /> operation, maintenance, construction, and/or installation of the Antennae Facilities and/or <br /> the Premises. Landlord agrees to reasonably cooperate with Tenant in obtaining, at Tenant's <br /> expense (including reimbursement of Landlord's reasonable attorney and administrative <br /> fees), any federal licenses and permits required for or substantially required by Tenant's use <br /> of the Premises. <br /> <br /> c. Removal. <br /> <br /> (1) The Tenant shall remove the Antennae Facilities from the Premises upon <br /> termination of the Lease. Such removal shall be done in a workmanlike and careful <br /> manner and without interference or damage to any other equipment, structures, or <br /> operations on the Premises, including use of the Premises by Landlord or any of <br /> Landlord's assignees or lessees. If, however, Tenant requests pennission not to <br /> remove all or a portion of the improvements, and Landlord consents to such non- <br /> removal, title to the affected improvements shall thereupon transfer to Landlord and <br /> the same thereafter shall be the sole and entire property of Landlord, and Tenant shall <br /> be relieved of its duty to otherwise remove same. <br /> <br /> (2) Upon removal of the improvements (or portions thereof) as provided above <br /> in subpart (1), Tenant shall restore the affected area of the Premises to the reasonable <br /> satisfaction of Landlord. <br /> <br /> (3) All costs and expenses for the removal and restoration to be performed by <br /> Tenant pursuant to subparts (I) and (2) above shall be borne by Tenant, and Tenant <br /> shall hold Landlord harmless from any portion thereof. <br /> <br />6. CONSTRUCTION STANDAm>S. The Antennae Facilities shall be installed on the Premises in <br />a good and workmanlike manner without the attachment of any construction liens. Landlord reserves <br />the right to require Tenant to paint the Antennae Facilities in a manner consistent with the color of <br />the Water Tower. <br /> <br /> Page 3 of 18 <br /> <br /> <br />
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