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02
City of Pleasanton
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CITY CLERK
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2013
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120313
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11/26/2013 11:39:46 AM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
12/3/2013
DESTRUCT DATE
15Y
DOCUMENT NO
02
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Market:Northern California <br /> Cell Site Number:CNU0413 <br /> Search Ring Name:Livermore <br /> Cell Site Name:Livermore(CA) <br /> Fixed Asset Number:10087959 <br /> contamination of the Property with hazardous substances prior to the Effective Date of this <br /> Lease Agreement or from such contamination caused by the acts or omissions of the City <br /> during the Term except to the extent that Lessee's operations on the Property directly <br /> exacerbate such contamination . <br /> (d) The indemnification of the City by Lessee in this Section 15 specifically includes <br /> reasonable costs, expenses and fees incurred in connection with any investigation of Property <br /> conditions or any clean-up, remediation, removal or restoration work required by any <br /> governmental authority. The provisions of this Section 15 will survive the expiration or <br /> termination of this Lease Agreement. <br /> (e) In the event Lessee becomes aware of any hazardous materials on the Property, <br /> or any environmental, health or safety condition or matter relating to the Property, that, in <br /> Lessee's sole determination, renders the condition of the Leased Areas or Property unsuitable <br /> for Lessee's use, or if Lessee believes that the leasing or continued leasing of the Leased Areas <br /> would expose Lessee to undue risks of liability to a government agency or third party, Lessee will <br /> have the right, in addition to any other rights it may have at law or in equity, to terminate this <br /> Lease Agreement upon written notice to City. <br /> 16. Frequency Compatibility and Interference. Lessee's operation of the Wireless <br /> Telecommunication Facility, including its use of the Leased Areas and the operation of its <br /> Equipment and Antenna, shall not: (a) interfere with the operation by Cities of any existing or <br /> future equipment, antenna, structures, or facilities on the Property or Tower, provided that such <br /> operation is installed and operating in compliance with Laws; and, (b) interfere with the <br /> telecommunications system of other lessee's on the Tower or Property installed prior to the <br /> Effective Date, provided that such telecommunication system is installed and operating in <br /> compliance with Laws. <br /> Lessee shall provide for complete frequency compatibility with all other radio transmitting <br /> equipment currently existing at the site and any future equipment owned and installed by Cities. <br /> In the event an interference problem arises which creates a bona fide emergency with the <br /> essential communications for public safety communication and data retrieval functions for the <br /> Cities, which interference problem cannot be eliminated by Lessee no more than twenty-four <br /> (24) hours after Lessee's receipt of notification to do so by City or Pleasanton, then the Lessee <br /> must take the suspected portion of the Wireless Telecommunication Facility out of service until <br /> the problem is corrected to the affected city's satisfaction, at Lessee's sole expense. <br /> If interference from Lessee's Equipment or Antenna is suspected in violation of this <br /> section then the City will contract with a technical consultant who will provide determinations <br /> evaluating the interference, at Lessee's sole expense. If the technical consultant finds, after <br /> thorough conclusive diagnostics that Lessee's Equipment, Antenna or operation of the Wireless <br /> Telecommunication Facility is interfering with the Cities' equipment or antennas which have <br /> been installed and are operating in compliance with Laws, or the equipment or antennas of <br /> other lessee's on the Tower or Property which have been installed and are operating in <br /> compliance with Laws, Lessee shall implement a solution in coordination with Cities. Cities shall <br /> have the right to terminate this Lease Agreement upon written notice in the event Lessee's <br /> Antenna or Equipment incurably interferes with the reception or transmission of City's <br /> communication system or other lessee's antennas or equipment. Lessee shall also reimburse <br /> Cities for time and costs of Cities' staff expended to correct any interference. <br /> Lease for Installation of Telecommunications Equipment-Final Page 10 <br />
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