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pf_02882
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Last modified
7/17/2007 12:19:54 PM
Creation date
12/8/2004 1:24:50 PM
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Template:
Planning Files
Planning Files - Planning File #
2882
Planning Files - Type
Conditional Use Permit
Address
2233 HAMLINE AVE N
Applicant
SPINT PCS
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<br />approvals that may be required by any federal, state or local authority (Engineering study, radio <br />frequency interference study, etc.). Lessee's Antenna Facilities and any other facilities shall be <br />erected, maintained and operated in accordance with site standards, state statutes, rules and <br />regulations now in effect or that thereafter may be issued by the FCC and related governing <br />bodies. <br /> <br />12. Interference <br /> <br />a) Lessee's installation, operation, and maintenance of its transmission facilities shall <br />not damage or interfere in any way with Owner's tower operations including <br />repair and maintenance activities. Owner's tower operations take priority over <br />Lessee's operations and Owner reserves the right to take any action it deems <br />necessary, in its sole discretion, to repair, maintain, alter or improve the property <br />in connection with tower operations as may be necessary, after giving notice as <br />described in paragraph 7(d). The Owner agrees to give twenty-four (24) hours <br />advance notice of any such activities to the Lessee and to reasonably cooperate <br />with the Lessee to carry out such activities with a minimum amount of <br />interference with Lessee's transmission operations. Nonetheless, if Owner's use <br />of the tower does cause interference with Lessee's operation, the Owner shall not <br />be responsible, and, at Lessee's choice, it may terminate this lease under the <br />notice provisions and conditions as contained elsewhere in this lease. <br /> <br />b) Owner in no way guarantees to Lessee noninterference with Lessee's transmission <br />operations, provided, however, that in the event any other party requests <br />permission to place any type of additional antenna or transmission facility on the <br />Property, the procedures of this Paragraph shall govern to determine whether <br />such antenna or transmission facility will interfere with Lessee's transmission <br />operations. Owner hereby covenants to use its best efforts to afford Lessee <br />protection from interference which may be caused by the operations of subsequent <br />additional property uses. <br /> <br />If Owner receives any such request, Owner shall submit the proposal complete <br />with all technical specifications reasonably requested by lessee to Lessee for <br />review for noninterference. Lessee shall have thirty (30) days following receipt <br />of said proposal to make any objections thereto, and failure to make any objection <br />with said thirty (30) day period shall be deemed consent by Lessee to the <br />installation of antennas or transmission facilities pursuant to said proposal. <br />However, if Lessee gives notice of objection for interference in such 30 day <br />period, owner will not proceed with proposal. The entities requesting an <br />additional lease shall be responsible for the expenses incurred in any independent <br />validation of Lessee's interference objections. If the independent analysis <br />validates Lessee's interference objections, Owner shall not lease space to the <br />other party. If Lessee's interference objections are invalid, owner may allow <br />installation of requesting parties antennas and transmission facilities. <br /> <br />5 <br />
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