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Regular City Council Meeting Monday,April 8, 2019 Page 9 City Attorney Gaughan stated that was correct. He thought Councilmember Willmus was talking about the interplay between the new rent guarantee and the hundred and fifty percent kicker. He thought the City would have an argument to make with that kicker would apply but, that rent guarantee, the more he thinks about it, the business is on the hook to pay that specific amount for that ten-year period so it is not a true termination of the lease because the City is not out that rent. He thought that kicker would still apply after that ten-year rent guarantee. Councilmember Etten stated in that same section on the original lease, section six- teen, item four, talks about expanding or altering the Fire Department facilities or discontinuing use of the property for all purposes. Obviously, the City is looking at a potential sale of the Fire Department facilities and he wondered if that was relevant at any point in this piece or because the City is not talking about the spe- cific land space for the water tower and the space the company is using, then it is not relevant. City Attorney Gaughan did not think it was relevant because that provision dis- cusses the City's ability to get out of this lease if the leasee interferes with the City's operations. By the City no longer having those operations there, that pro- vision is not going to come into play. Councilmember Willmus asked what if the City sells this property and someone builds a building of height that inhibits the tower in height. Mayor Roe thought that might actually be considered a default because the City is not maintaining the lessee's ability to use it. Councilmember Willmus asked if there were limitations on the future use of this property in terms of potential density that someone may be able to build some- thing in overall height and scale on the property. Mayor Roe stated from a technical point of view, one of the reasons people put wireless facilities on water towers is because those towers are among the tallest buildings around. But certainly, if the City is considering anything that might be proposed on the fire station property, the Council would have to be conscious of height relative to any impact that might have on the lessee's tower. City Attorney Gaughan pointed out under paragraph sixteen of the original lease, #3, the agreement can be terminated by the lessee if the property is or becomes unacceptable under owner's design or engineering specifications for its intended facilities or the communication system to which it belongs. He stated potentially that provision would come into play if the property becomes not operationally feasible by some conduct on the part of the City. That is certainly something the