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10. <br /> <br />That the Permittee shall make space available on its poles or towers for City fu'e, water <br />utility., police or other City facilities whenever such usc will not interfere with the use of <br />such poles or towers by thc Permittcc, by another electric utility, by a telephone utility, or <br />by any cable television company or other form of communication company. The City or <br />it's degignec shall pay for any added cost incurred by thc Pcrrnittee because of such usc by <br />City under a separate joint usc agreement. <br /> <br />That thc Permittee shall indcnmify, keep and hold thc City free and harmless from any and <br />all liability on account of injury to persons or damage to property occasioned by the <br />consi~u~ etlon, maintenance, repair, inspection, thc issuance of a permit, or the operations of <br />the clecuic facility in thc City of Ramscy. <br /> <br />That if any provision of this Permit shall bc declared void or unenforceable, the other <br />provisions shall not be affected, but shall remain in full force and effect. <br /> <br />That ~this Permit shall not be considered modified, altered, changed or amended in any <br />respect unless in writing and signed by the City and thc Permittcc. <br /> <br />Any rights conferred on the Permittee by this Permit are personal to AMU. The City is <br />issuing this Permit on the basis of the credit and reputation of AMU. AMU shall not assign <br />or transfer this Permit without first obtaining approval of the City which may aI1ow or <br />disallow such transfer in its absolute and sole discretion. In the event of transfer, the <br />Permit shall apply to AMU successors and assigns. In the event the City declines for any <br />reason to allow the transfer of this Permit, AMU shall either continue with operations in <br />full compliance with the terms of this Permit or terminate operations at its option. <br /> <br />11. <br /> <br />For perpetuity commencing Jan, uary 1, 1997, the Permittee shall make a payment to the <br />City, in lieu of taxes, at the City s taxing rate for an original value of the transmission line <br />multiplied by the number of actual miles, adjusted annually by the effective increase or <br />decrease in the City's tax capacity rate and utilizing the State of Minnesota formula for <br />caleu!ating value on transmission lines. Howevers, in no case shall the value of the <br />transmission line be established at less than $ The Permittee shall <br />proVifle a State certified value on an annual basis upon which the City WilI base the annual <br />bill. rFor the payment effective January 1, 1997, the value is hereby determined to be <br />$ .. The t~ansaction of said payment shall be initiated by the City each and <br />every year for perpetuity. <br /> <br />12. <br /> <br />This Permit shall be subject to the right of the City to direct use of steel or wood poles <br />adjacent to the Burlington Northern Railroad, which direction the City shall give no later <br />than iDeeember 15, 1994. By a City Council decision on November 22, 1994, the <br />Pernfittee was directed to utilize either cement or steel poles adjacent to the Burlington <br />Northern Railroad. <br /> <br />The motion fOr the adoption of the foregoing resolution was duly seconded by Mayor Gilbertson <br />and upon vote being taken thereon, the following voted in favor thereof: <br /> <br />MayOr James Gilbertson <br />CounCilmember Glen Hardin <br />Coum:,~ ilmember Kenneth Peterson <br />Councilmember Sheila Beyer <br />Couneilmember Gerald Zimmerman <br /> <br />and the following voted against the same: <br /> <br /> <br />