Resolution - #99-02-036 - 02/09/1999

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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 property owner. The Permittee hereby grants permission and a license to the City and/or its contractors and assigns to enter upon the Subject Property for the purpose of removing structures and equipment in the event of the Permittee's default. No part of the proposed use will at any time extend across or over any part of the public right-of-way, public street, highway, sidewalk, or recreational trail. The tower and related equipment will meet the Commercial (Business) district's setback requirements, unless a variance is granted by the City's Board of Adjustment. The tower and related equipment will not be located between a principal structure and a public street. The tower will not exceed the Commercial (Business) district's height limit for towers, 165 feet. 10. The tower will not be illuminated by artificial means and shall not display strobe lights. 11. No signs will be posted on the tower, equipment building or fencing except applicable warning or equipment information signs. 12. The Permittee assumes all responsibility for ensuring that the site operations do not interfere with public safety telecommunications. 13. 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. 14. 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. The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Hendriksen, and upon vote being taken thereon, the following voted in favor thereof: RESOLUTION #99-02-036 Page 2 of 4