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08-1957 Site Lease Communications Agreement - South Water Plant
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08-1957 Site Lease Communications Agreement - South Water Plant
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10/31/2008 3:03:03 PM
Creation date
10/31/2008 3:01:11 PM
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City Clerk
City Clerk - Doc Type
Resolutions
City Clerk - Date
10/27/2008
Doc Number
08-1957
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<br />amendments have been duly approved by both Owner and Lessee. In the event Lessee <br />does not cure said notice requirement and amend this Agreement then Owner shall have <br />the right to terminate this Agreement thirty (30) days after Lessee receives written notice <br />fi'Oln Owner. <br /> <br />4. Use of the Propertv <br /> <br />A. Lessee may use the Premises tor any activity in conncction with the provision of <br />communications services, including, without limitations, a required antenna array and <br />support structures and lor any other uses incidental thereto. Each such antenna or <br />antenna sUPP0l1 structure may be configured as requested by Lessee from time to time, <br />provided Lessee obtains, pursuant to paragraph 4(B), all permits and approvals required <br />by applicable jurisdictions for such requested configuration and provided Lessee <br />obtains prior written approval from Owner. Owner shall have the right to approve plans <br />for any improvements installed by Lessee on the Property, which approval shall not be <br />unreasonably withheld or delayed. Improvement of the property to meet Lessee's needs <br />shall be at the Lessee's sole expense and Lessee shall maintain such improvements to <br />the Property in a reasonable condition throughout the term <br /> <br />B. Owner acknowledges that Lessee's ability to use the Property lor its intended <br />purposes is contingent upon Lessee obtaining and maintaining, both belore and atier <br />the Commencement Date, all of the certificates, permits, licenses and other approvals <br />(collectively, "Governmental Approvals") that may be required by any federal, state or <br />local authority lor the foregoing uses and improvements to the Property desired by <br />Lessee. Owner shall cooperate with Lessee in its efforts to obtain such Governmental <br />Approvals and shall take no action that would adversely alTect Lessee's obtaining or <br />maintaining such Governmental Approvals. <br /> <br />C. Lessee's equipment cabinets shall be the lowest vertical elevation and the smallest <br />size allowed by the most current technology. <br /> <br />D. Lessee hereby agrees to substantially follow industry standards when attaching <br />antennas, cables, and support structures to the water tower. Lessee shall submit, for the <br />City of Casselberry's approval, specifications for all attachments that may be required, <br />which approval shall not be unreasonably withheld, conditioned or delayed. <br /> <br />E. Lessee shall have the right at any time lollowing the full execution of this Agreement <br />to enter upon the Property for the purpose of making appropriate cngineering and <br />boundary surveys, inspections, soil test borings, other reasonably necessary tests, and <br />constructing the Lessee Facilities (as defined in paragraph 4(F) below). Upon Lessee's <br />request, Owner agrees to provide promptly to Lessee copies of all plans, specifications, <br />surveys, and tower maps for the Property and Tower. <br /> <br />F. Lessee has the right to erect, maintain and operate on the Premises radio <br />communications facilities, including, without limitation, utility lines, transmission lines, <br />air-conditioned equipment shelter(s), electronic equipment, radio transmitting and <br /> <br />EXECUTION COPY <br />
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