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2004-061
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2004-061
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Last modified
8/25/2016 12:31:25 PM
Creation date
9/30/2015 7:23:22 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
03/23/2004
Control Number
2004-061
Agenda Item Number
7.I.
Entity Name
Omnipoint Holdings, Inc.
Subject
Elevated Water Tank Space License Elevated Water Tank Space
Archived Roll/Disk#
3209
Supplemental fields
SmeadsoftID
3671
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4. ANTENNA INSTALLATION, <br /> (a) Licensee may install, operate, and maintain on the Premises wireless antenna systems and <br /> associated equipment to be mounted on the Elevated Tank, an equipment shelter on the ground and <br /> flexible coaxial transmission lines between the antennas on the Elevated Tank and the radio <br /> equipment located in the equipment shelter ("Licensee Facilities") , as more fully described in <br /> Exhibit "D". In connection therewith, Licensee may install up to Nine (9) panel type antennas with <br /> dimensions no larger than 2 ' x 8 ' . All of Licensee's construction and installation work shall be <br /> performed at Licensee's sole cost and expense and in a good and workmanlike manner. Provided <br /> that Licensee is not in default under any covenant or agreement contained in this Agreement, <br /> Licensee may remove all Licensee Facilities at its sole expense on or before the expiration or earlier <br /> termination of the Agreement. At Licensor' s option, Licensee shall repair or pay for any damage to <br /> the Premises or to the property caused by the removal of the Licensee Facilities . <br /> (b) Licensee shall pay for the electricity it consumes in its operations . Licensee shall obtain <br /> separate utility service and install a separate meter from any utility company that will provide <br /> service to the Property (including any standby power generator for Licensee's exclusive use) . <br /> Licensor agrees to sign such documents or easements as may reasonably be required by said utility <br /> companies to provide such service to the Premises, including the grant to Licensee or to the <br /> servicing utility company at no cost to the Licensee, of an non-exclusive easement in, over across or <br /> through the Land as reasonably required by such servicing utility company to provide utility <br /> services as provided herein. <br /> (c) Licensee, Licensee's employees, agents, and subcontractors may reasonably access the <br /> Premises for installation, repair, or maintenance of Licensee ' s Facilities following notice to <br /> Licensor' s Utility Services Director or his designee twenty-four (24) hours a day, seven (7) days a <br /> week, at no charge. In the event of an emergency, Licensee or its authorized agent(s) may access <br /> the Premises without prior notice but Licensee agrees to give notice to Licensor' s Utility Services <br /> Director within twenty-four hours of such access . Licensor grants to Licensee, and its agents, <br /> employees, and contractors, a non-exclusive right and license for pedestrian and vehicular ingress <br /> and egress across that portion of the Land described in Exhibit ` B" . <br /> (d) Licensor shall maintain all access roadways from the nearest public roadway to the <br /> Premises as customarily maintained for Licensor' s ordinary use . Licensor shall be responsible for <br /> maintaining and repairing such roadway, at its sole expense, except for any damage caused by <br /> Licensee ' s use of such roadways the repairs of which shall be paid by Licensee. <br /> (e) Before commencing operation of the Licensee Facilities Licensee shall provide to Licensor <br /> certification by a professional engineer licensed in the State of Florida that the design <br />and <br /> installation of the Licensee Facilities meet or exceed AWWA standard D100 and all applicable <br /> building codes . <br /> (f) Upon completion of the Licensee Facilities Licensee shall provide to Licensor as-built <br /> drawings of the Licensee Facilities showing the location and details of the Licensee Facilities . <br /> Licensee shall be solely responsible for obtaining all federal, state, and county approvals, licenses, <br /> certificates, and permits, including an Indian River utility construction permit, for the construction <br /> operation and maintenance of the Licensee Facilities . <br /> (g) Licensee covenants and agrees that the Licensee Facilities and the installation, operation, <br /> and maintenance thereof shall not damage or impair the strength of the Elevated Tank and the <br /> Page 2 of 15 <br /> F:\Utilitim\UTILITY - ENGrNEERING\WTP - South RO\Cellular Antennas and Wireless Info\T-Mobile 001 - Gifford Water Tank License to Occupy March 12, 2004.DOC <br />
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