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REV: 10-26-21 SK <br />with Disabilities Act of 1990, 42 U.S.C. Sections 12101 et seq., as amended, covenants <br />and restrictions of record, life and fire safety and similar requirements, including those of <br />the State of California, the County of San Mateo, City, or other applicable public agency <br />("Laws") which apply to the Licensee's operation and use of radio antenna equipment at <br />the Site or any portion thereof, including those requiring additions to be made to, or safety <br />appliances or devices to be maintained or installed in, on or about the Site or any portion <br />thereof under any Laws now or hereafter adopted, enacted or made and applicable to the <br />Site or any portion thereof, and payment of any fees, charges or assessments arising out <br />of or in any way related to the Site or any portion thereof as a source of adverse <br />environmental impacts or effects. Licensee shall not permit or suffer any mechanic's lien <br />to be filed against the Site, or any interest of City or Licensee therein, and shall <br />immediately discharge any such lien. <br />12. Exercise of Due Care. Licensee shall ensure that Licensee and its agents, <br />representatives, employees, or subcontractors observe and exercise all necessary <br />caution and discretion so as to avoid personal injuries and property damage. <br />13. Impact to City Operations and Site Conditions. Licensee use of the Site <br />shall not interfere with any City operations. <br />a. The exterior coating of the water reservoir shall not be disturbed. The <br />Licensee shall be responsible for repairs to the water tank coating if damage <br />occurs while installing, maintaining, and/or removing Licensee’s equipment. <br />Repairs shall be made by licensed contractors in compliance with applicable <br />standards of the American Water Works Association, California Code of <br />Regulations Title 22, and as approved by the City Engineer. <br />b. The foundation of the water reservoir shall not be disturbed. <br />c. In the event the installed equipment causes interference with existing <br />City radio communications systems located at the Site, which includes, but is not <br />limited to, the City’s Advanced Metering Infrastructure, the Licensee shall turn off <br />their equipment, adjust the frequency, and perform any other actions at their own <br />expense to mitigate the cause of the interference to the satisfaction of the City. If <br />interference cannot be mitigated to the satisfaction of the City, the Licensee shall <br />remove the equipment or relocate the equipment to another location that does not <br />interfere with the City’s radio communications equipment. <br />d. If the frequency assigned by the Federal Communications <br />Commission (FCC) for the MotoTrbo radios causes interference with City’s radio, <br />Licensee may be required to remove their equipment at their own cost. <br />e. Licensee must notify the City in advance of any changes to radio <br />frequency of Licensee’s equipment, and the final radio frequency shall be <br />approved by the City. <br />ATTY/AGR.2021.270/Citizens for Emergency Response and Preparedness Program, Inc. (Page 4 of 41)