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10A Action 2010 0210
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10A Action 2010 0210
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Last modified
9/27/2010 9:44:02 AM
Creation date
9/16/2010 5:30:32 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
9/20/2010
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_CC Agenda 2010 0920
(Reference)
Path:
\City Clerk\City Council\Agenda Packets\2010\Packet 2010 0920
Reso 2010-124
(Reference)
Path:
\City Clerk\City Council\Resolutions\2010
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• <br /> ARTICLE II <br /> OPERATION OF THE FACILITIES <br /> Section 2.01. Operation of the Project: Title. <br /> • <br /> The Authority has or will enter into purchase orders and contracts to supervise and <br /> provide for, or cause to be supervised and provided for, the complete planning, design, <br /> construction, acquisition, financing, improvement, repair, modification and installation of the <br /> Project. The Authority covenants to obtain such land use permits as are required for acquisition <br /> and installation of the Project. In the event any such permit cannot be reasonably obtained, the <br /> Authority will use its best efforts to pursue alternate sites for such component of the Project. The <br /> Authority agrees that it will cause the work under said contracts to be diligently performed and <br /> that the Project will be constructed, improved, repaired modified, acquired and installed in <br /> accordance with the specifications approved by the Authority. In connection therewith, the <br /> Authority hereby agrees to operate the Project for the duration of this Operating Agreement. <br /> The Project shall be used for radio service for public safety and other governmental uses <br /> for the benefit and convenience of the Users, which shall have the right to use the Project at all <br /> times herein mentioned at rates and charges established by the Authority, except as otherwise <br /> provided pursuant to Article V hereof. In order to effectively operate the Project, the Authority <br /> hereby agrees to maintain and preserve the Project in good repair and working order at all times <br /> • and to operate the Project in an efficient and economical manner, and will pay all maintenance <br /> • and operation costs of the Project as they become due and payable from available revenues. <br /> At all times during the term of this Operating Agreement the Authority shall hold title to <br /> the Project, including all additions which comprise fixtures, repairs, replacements or <br /> modifications thereto, except for such equipment as is owned by one or more Users or other <br /> governmental agencies and licensed to the Authority. Upon the termination of this Operating <br /> Agreement, all right, title and interest in and to the Project shall be retained by the Authority <br /> except as may be otherwise provided pursuant to licensing or other agreements. <br /> The Users recognize and acknowledge that the operation, control, ownership and <br /> management of the Project is at the complete and sole discretion of the Authority. Nothing in <br /> this Operating Agreement shall be construed to limit the Authority's discretion in management <br /> and operation of the Project. In connection therewith, User hereby consents to all steps or <br /> actions Authority has taken or may take which are necessary or appropriate for the authorization, <br /> issuance, sale and delivery of the Bonds and the acquisition and construction of the Project. The <br /> • Bonds shall be issued, sold and delivered on such terms and conditions as the Authority, in its <br /> reasonable discretion, deems necessary or desirable. User hereby agrees to cooperate with the <br /> Authority and its designated representatives, and to provide all reasonably requested material <br /> • relating to the User, in order to timely accomplish such authorization, issuance, sale and delivery <br /> of the Bonds; provided that such cooperation does not constitute an agreement to issue any land <br /> use permits. However, User covenants to promptly process all applications of the Authority for <br /> necessary land use permits. <br /> • <br /> Project Operating Agreement 082710 <br />
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