Resolution - #01-10-383 - 10/09/2001

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t 3 Pru 00./ 4. The amount of spaced leased upon the ground floor will be 1 square fee Any future 6r� expansions to the equipment area shall be accommodated 6n the 2n floor mezzanine if U required to do so by the City. • 5. Upon termination of the Lease and this Permit, the City may order the removal of the antennae and related equipment upon ninety (90) days notice to the Permittee. Further, if there is an interruption of antenna operations for 12 consecutive months, the antenna and related equipment shall be removed from the property. The Permittee shall provide the City with a letter of credit, performance bond, or another form of security that is acceptable to the City, in the amount of One Thousand Dollars and no cents ($1,000.00), to insure timely removal of the antennae and any related equipment. In the event the antennae and related equipment are not removed in accordance with the City's instructions, 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 completion and draw upon the financial surety for payment. Only the City Administrator or his/her designee shall have the authority to direct the removal and withdraw from the escrow account. Upon completion of the removal, as determined by the City Engineer, the financial surety shall be released to the Permittee. 6. No part of the antennas shall at any time extend across or over any part of the public right -of -way, public street, highway, sidewalk, or recreational trail. 7. The antennas shall not be illuminated by artificial means and shall not display strobe lights. 8. No signs shall be posted on the water tower or equipment cabinets except applicable warning or equipment information signs. 9. The Permittee shall be responsible for maintaining current liability insurance in accordance with terms of the lease agreement entered into with the City. 10. The Permittee shall be responsible for all City costs incurred because of the presence of the antennae and /or related equipment and 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. 11. 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. 12. This Permit shall automatically be voided if the use is not initiated by August 31, 2002 and issuance of a building permit for the equipment building shall constitute initiation. RESOLUTION #01 -10 -383 Page 2 of 4 U k