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City of Pleasanton
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2008
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8/13/2008 3:16:56 PM
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CITY CLERK
CITY CLERK - TYPE
STAFF REPORTS
DOCUMENT DATE
8/19/2008
DESTRUCT DATE
15 Y
DOCUMENT NO
03
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Zone 7's Equipment cannot be resolved, Zone 7 will have the option to relocate to a new <br />location on the Tower, if available and not currently occupied or needed by the City or <br />Pleasanton, and to recover any from the interfering party any costs associated with such <br />relocation or, to terminate this Lease Agreement. <br />7.8 Radio Freauencv Radiation Exposure. Zone 7 shall, at its own cost and expense: <br />(a) Comply with the most current regulatory and operational standards, including <br />but not limited to radio frequency (RF) radiation exposure standards, adopted by the <br />Federal Communications Commission (FCC); <br />(b) Serve City with copies of all reports and filings Zone 7 submits to the FCC <br />regarding the operation of the Antenna and Equipment and compliance with FCC <br />regulations applicable to RF emissions; <br />(c) File an annual report with City certifying that the Antenna and Equipment are <br />operated in accordance with all applicable FCC regulations including, but not limited to <br />radio frequency (RF) emissions limitations. Prior to implementing any proposed increase <br />of at least ten percent in the effective radiated power, or any proposed change in frequency <br />use, Zone 7 shall submit to City an updated report certifying the increased power or <br />frequency use complies with all applicable FCC regulations. However, the obligation to <br />provide the reports required by this subsection shall be satisfied by Zone 7 providing City <br />with a report or filing with the FCC containing the requested certifications. City has right to <br />retain a qualified independent radio frequency engineer to review said certifications for <br />compliance with FCC regulations. If the event the engineer's report reveals Zone 7's <br />certifications are incorrect, or the Antenna and Equipment are not operated in with all <br />applicable FCC regulations, Zone 7 shall be responsible for the costs incurred by City for <br />the review and report, and shall immediately bring its operations into compliance; and, <br />(d) Comply with all workplace safety requirements applicable to the operation of <br />the Antenna and Equipment, including state and Federal OSHA requirements, the Injury <br />and Illness Prevention Plans for both the City and Pleasanton, and shall including the <br />designation and appropriate marking and labeling of those areas which meet or exceed the <br />maximum permissible exposure limits for RF radiation for the public/uncontrolled <br />population. <br />8. Construction and Repair <br />8.1 Maintenance. Except as provided in the sections 9 and 10 dealing with destruction <br />and condemnation, Zone 7 shall, at its own cost and expense, maintain the Leased Areas, <br />Equipment, and Antenna, and every part thereof, in good and sanitary order, condition, and <br />repair. City shall have no obligation to alter, maintain or repair the Leased Areas, or Zone <br />7's Equipment and Antenna. <br />Zone 7 may repair, but shall not modify, alter, ~epfase, upgrade, or otherwise change any <br />Equipment Antenna without City's prior written consent as provided in section 3.3 above. <br />Lease Agreement -Zone 7 Page 9 <br />
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