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I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br /> I <br /> I <br /> I <br /> I <br /> i. <br /> I <br /> I <br /> I <br /> <br />3. <br /> <br />4. <br /> <br />5. <br /> <br />6. <br /> <br />7. <br /> <br />8. <br /> <br />9. <br /> <br />10. <br /> <br />City owned property is hereby granted to Verizon Wireless, hereinafter referred to as <br />"Permittee". <br /> <br />The development of the equipment and storage building shall be constructed in <br />accordance with the site plan dated March 12, 2001 prepared by Design. 1 and building <br />elevation plan dated March 23,2001 prepared by Design 1. <br /> <br />The landscaping shall be installed in accordance with the landscaping plan dated April 3, <br />200 lprepared by Design 1. <br /> <br />The Permittee agrees to be responsible for the perpetual upkeep and maintenance of the <br />area surrounding the equipment building and the landscaping installed on the Subject <br />Property. <br /> <br />This Permit is perpetual in its duration so long as the .terms imposed herein are complied <br />with, or until the lease agreement between the City and the Permittee expires. <br /> <br />It is herein agreed that the City may order the removal of the antennae and related <br />equipment upon ninety (90) days notice to the Permittee. Further, 'if there is an <br />interruption of antenna operations for 12 consecutive months, the antenna and related <br />equipment shall be removed fi:om the property. The Permittee shall provide theCity with <br />a letter of credit, performance bond, or another form of security that is acceptable to the <br />City, in the amount of One Thousand Dollars and no cents ($1,000.00), to insure timely <br />removal of the antennae and any related equipment. In the event the antennae and related <br />equipment are not removed in accordance with the City's instructions, the City shall <br />provide notice to the Permittee of the default condition and establish a 'thirty (30) day <br />time frame in which the Permittee may remedy the default condition. If the Permittee <br />fails to do so within the 30 day time frame, the City Administrator or his/her designee- <br />may order the removal with City day labor and/or by letting contracts for said completion <br />and draw upon the financial surety for payment.. Only the City Administrator or his/her <br />designee shall have the authority to direct the removal and withdraw from the escrow <br />account. Upon completion of the removal, as determined by the City Engineer, the <br />financial surety shall be released to the Permittee. <br /> <br />No part of the antennas and related equipment shall at any time extend across or over any <br />part of the public right-of-way, public street, highway, sidewalk, or recreational trail. <br /> <br />The antennas shall not be illuminated by artificial means and shall not display strobe <br />lights. ~ <br /> <br />No signs shall be posted on the water tower or equipment cabinets except applicable <br />warning or equipment information signs. <br /> <br />The Permittee shall be responsible for maintaining current liability insurance in <br />accordance with terms of the lease agreement entered into with the City. <br /> <br />-197- <br /> <br /> <br />