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2007/09/17 OUA Use City Radio TowerUse of City of Okeechobee Tower by Okeechobee Utility Authority WHEREAS, the Okeechobee Utility Authority (OUA), 100 SW 5 Avenue, Okeechobee, Florida, has requested the use of the City of Okeechobee (City) radio tower located at 55 SE 3 Avenue for the installation of a radio antenna, and WHERAS, OUA had an antenna on the previous tower, prior to the hurricanes of 2004, that was destroyed in those hurricanes, and said antenna installation will now improve their communication capability immensely, and WHEREAS, the City has investigated the appropriateness of installing a second antenna on the existing tower and have been told that the tower is structurally capable of same, NOW, THEREFORE, OUA is hereby given the authority to make the requested installation with the following contingencies, agreed by both parties by virtue of their signatures hereon: 1. All costs associated with the installation, operation and maintenance of the second antenna will be born by OUA. 2. Any radio interference issues associated with the addition of the second antenna will immediately cause the use of that antenna to be terminated until such time as that interference can be corrected. 3. In the event that the above radio interference issue cannot be corrected to the City's satisfaction, then OUA will, at its cost, remove the antenna and associated equipment. 4. In the event that the City ever requires exclusive use of the radio tower, which will require OUA to remove their antenna and equipment, OUA will do so, at their cost, within 30 days of a formal, written request rendered by the City. 5. The City assumes no liability for the OUA antenna and associated equipment as a result of damage thereto, either in the installation thereof or the future use of same. Dated and agreed upon this f `7 day of September, 2007 As representative of the City of Okeechobee: As representative of the Okeechobee Utility Authority: Brian White .11 City Adminiā€¢.tra or n F. Hayford Executive Director