Resolution - #08-01-019 - 01/08/2008

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7. No signs will be posted on the tower, equipment building or fencing except applicable warning or equipment information signs. 8. The approved landscaping shall be maintained in coordination with the Parks Supervisor and Environmental Coordinator, and shall be replaced if damage or deterioration occurs in the trees or shrubs. 9. The monopole shall be maintained and kept in good condition. The pole shall remain free of wear or paint deterioration and shall be painted upon the City's request. 10. In the event the tower is not removed within 12 months of the cessation of operations at the site, the tower and associated facilities may be removed by the City and the costs of removal assessed against the Permittee. In the event the Permittee fails to remove the tower and associated facilities as required herein, the City shall provide notice to the Permittee of the default condition and establish a thirty (30) day time frame in which the Permittee may remedy the default condition. If the Permittee fails to do so within the 30 day time frame, the City Administrator or his /her designee may order the removal with City day labor and /or by letting contracts for said removal. Only the City Administrator or his /her designee shall have the authority to direct the removal and assess the costs to the Permittee. 11. The Permittee shall be responsible for all City costs incurred in administering and enforcing this conditional use permit. Said expenses shall be paid within 15 days of billing by the City and failure to pay the City's expenses within the 15 day billing period will permit the City to draw upon any of the escrows required by this agreement for payment. 12. The revenue generated from this tower will be dedicated to the Park Trust Fund to be utilized for Alpine Park improvements. 13. That pursuant to that letter, dated October 21, 2008, addressed to the City, T- Mobile has assigned its interest in this Permit to Mobilitie Investments II, LLC and which assignment letter is attached hereto as Exhibit A. 14. That Mobilitie Investments II, LLC hereby accepts and assumes all legal obligations for the terms and conditions of this Permit. 15. The City Administrator and /or his /her designee shall have the right to inspect the premises for compliance and safety purposes annually or at any time upon reasonable request. 16. The Permittee is responsible for obtaining all required permits or licenses from any other regulatory agencies. 17. This conditional use permit is not to be deemed as approval by the City of the subject property without a lease agreement approval.