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<br /> ----- <br /> - . <br /> 1. Landlord acknowledges that it, and not Tenant, shall be responsible for .. <br /> compliance with all tower marking and lighting requirements that may be required . <br /> by the Federal Aviation Administration ("F AA") or the Federal Communications <br /> Commission "(FCC"). Landlord shall indemnifY and hold harmless Tenant and . <br /> its employees, officers and directors from any fines, costs and expenses, or other <br /> liabilities, including reasonable attorney's fees, caused by Landlord's failure to <br /> comply with such requirements. Furthermore, should Landlord be cited by either I <br /> the FCC or FAA because this site is not in compliance and if Landlord does not <br /> cure the conditions of noncompliance within the time frame allowed by the citing <br /> agency, Tenant may terminate this lease immediately upon notice to Landlord and . <br /> no further amowlts shall be due and payable by Tenant to Landlord. <br /> The remainder of the contract is fairly standard and details items such as insurance coverage I <br /> requirements, termination, etc. <br /> Recommendation . <br /> Staff would recommend the City Council approve the lease agreement pending final approval <br /> from Attorney Filla and direct staff to execute all necessary documents and direct the applicant to <br /> work with the City Engineer to assure that all construction plans are reviewed prior to any work . <br /> being undertaken. <br /> BF\jt -. <br /> Enclosure I <br /> . <br /> . <br /> I <br /> . <br /> . <br /> . <br /> -. <br /> I <br />