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a. ETSB and CIRDC shall use 2650 N.Jasper Street,Decatur,Illinois(PIN 04-12-02- <br /> 278-001) ("Premises") for the purpose of constructing,maintaining, and operating <br /> a 350 foot communications tower("Tower"). Upon completion of construction of <br /> the Tower,ETSB shall remove the tower currently located on and in operation from <br /> Premises and ETSB or its agent(s) shall restore or replace at their sole cost and <br /> expense any pavement, sidewalk, curb, gutter, grass, landscaping material, or <br /> structure altered or damaged in the course of its work to the satisfaction of City. <br /> b. ETSB shall construct the Tower upon a location so as not to interfere with the <br /> current and existing uses of the Premises by City, said location set forth in Exhibit <br /> 1, attached hereto and incorporated by reference. Upon completion of construction <br /> of the Tower,City shall not construct,or allow any third party authorized to possess <br /> the Premises to construct,any improvement on the Premises that interferes with the <br /> operation of the Tower. <br /> c. ETSB, CIRDC, and all parties that utilize the Tower, shall comply with all <br /> applicable Federal, State, and local laws,regulations and ordinances, including but <br /> not limited to the Rules and Regulations as set forth by the Federal Communications <br /> Commission. <br /> d. ETSB and CIRDC may utilize electrical utility infrastructure on the Premises for <br /> the operation of the Tower. Any costs incurred for the use of said electrical utilities <br /> shall be paid by City. <br /> 2. City Use of the Tower. The City may continue to use the new Tower for its tornado alert <br /> siren system and the water meter reading system. If City desires to utilize the Tower for <br /> any additional corporate purpose,City shall submit a written request to ETSB detailing the <br /> proposed use. ETSB and CIRDC shall not unreasonably deny or delay granting City's use <br /> of the Tower. ETSB and CIRDC shall not be obligated to grant City's use of the Tower if <br /> such use would interfere with ETSB and CIRDC or any other entity's use of the Tower. <br /> 3. Term. This Agreement shall commence on the date of execution by the parties and shall <br /> remain in effect for ninety-nine years; or for as long as ETSB and CIRDC owns and <br /> operates the Tower on the Premises. <br /> 4. Fees and Maintenance. <br /> a. City shall not charge ETSB and/or CIRDC a fee for the use of the Premises as <br /> described in this Agreement. <br /> b. ETSB and/or CIRDC shall not charge City a fee for use of the Tower as described <br /> in this Agreement. <br /> c. ETSB and CIRDC shall maintain the Tower in a good and workmanlike condition <br /> during the Term of this Agreement. ETSB and/or CIRDC agrees to improve, <br /> 2 <br />