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2000_0627_packet
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2000_0627_packet
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Roseville City Council
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Council Agenda/Packets
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own expense install noise mitigating equipment or a buffer to meet State noise <br />standards. <br />� All modifications to the Premises and all improvements made for Lessee's benefit <br />shall be at the Lessee's expense and such improvements, including antenna, <br />facilities and equipment shall be maintained in a good state of repair, at least <br />equal to the standard of maintenance of the Owner's facilities on or adjacent to the <br />Premises, and secured by Less�e. <br />5. Governmental Approval Contin�encv. <br />a) Lessee Application. Lessee's right to use the Premises is expressly made <br />contingent upon its obtaining all the certificates, permits, zoning and other <br />approvals that may be required by any federal, state, or local authority. Owner <br />sha11 cooperate with Lessee in its efforts to obtain and retain such approvals and <br />shall take no action which would adversely affect the status of the Premises with <br />respect to the Lessee's proposed use thereof. <br />b) Interference Studv. Before initial installation of any structure or facilities, Lessee <br />must pay for the reasonable cost of a radio frequency interference study carried <br />out by the City's communications consultant showing that Lessee's intended use <br />will not interfere with any existing communications facilities. If the study finds <br />that there is potential for interference that cannot be reasonably remedied or for <br />prejudice to the City's use of the Property, Owner may terminate this Lease <br />immediately and refund Rent paid for any months Lessee did not occupy the <br />Premises. <br />c) Non-approval. In the event that any application necessary under Subparagraph <br />5(a) above is finally rejected or any certificate, permit, license or approval issued <br />to Lessee is cancelled, expires, lapses, or is otherwise withdrawn or terminated by <br />governmental authority so that Lessee, in its sole discretion, will be unable to-use <br />the Premises for its intended purposes, Lessee shall have the right to terminate this <br />Lease and be reimbursed for the rental payment if made pursuant to Subparagraph <br />3(a) above. Notice of Lessee's exercise of its right to terminate shall be given to <br />dwner. Except as required under Subparagraph 16(d) below, upon such <br />termination, this Lease shah become null and void and the parties shall have no <br />further obligations to each other. <br />6. Installation of Equipment and Leasehold Itnnrovements. <br />a) Lessee shall have the right, at its sole cost and expense, to erect, install, operate, <br />and maintain in accordance with good engineering practices, with all applicable <br />FCC rules and regulations, on the property, the necessary tower, equipment, <br />personal property, and facilities which include radio transmitting and receiving <br />antennas not to exceed that designated in Exhibit C(the "Antenna Facilities"). <br />K3 <br />
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