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CCR1982200e RESOLUTION #200-82 (As Amended) APPROVAL OF AGREEMENT AND LW\SE BETWEEN THE CITY OF MUSKEG0 AND RVS CABLEVISION (Re: Tower) WHEReAS, the City of Muskego has granted to RVS Cablevision Corporation a franchise to operate and maintain a cmunicy antenna cable television system in the city, and .* . WtIEREcIs, it ha8 been determined that if a new tower would be constructed adjacent to the police building it could be utilized by the police and fFre departments, the public uorka department as well as by RVS Cablevision, and WHERWS, the necessary public hearing has been held and the Plan Coarniseion of the city has granted a conditional use grant to permit construction of the 199 ft. television tower adjacent to the police building, and WHEREAS, RVS CablevFsFon Corporation has agreed to assume the expense and responsibility to remove the exist.ing tower fran Ita site, and WS, the Public Welfare Conanittee has recommended that the attached agreement and lease between the city and RVS Cablevision b8 executed, THENFORE, BE IT RESOLVED that the Cmon Council of the City Of Muekego, upon the recommendation of the Public Welfare CQmPittee, does hereby authorize the Mayor and Clerk to execute the attached agreement and lease relating to the construction of a 199 ft. television tower in the name of the city. 0 DATED THIS 26th MY OF October - , 1982. PUBLIA WELFARE COMMITTEE Ala. Blenda Treba Ald. Mitchel Penovich AGREEMENT AND LEASE THIS AGREEMENT entered into this 297 day Ofa7°4'L;f 19 1, by and between the CITY OF MUS G+ municipal corporatcon, Wau esha County, Wisconsin, hereinafter called Lessor, and RVS CABLEVISION CORPORATION, a business corporation, Elm Grove, Wisconsin, hereinafter called Lessee. Cor oration a franchise to operate and maintain a community antenna cab P e television system in the City, and +- , WHEREAS, the City of Muskego has granted to RVS Cablevision above-mentioned franchise, desires to construct an antenna in the City of Muskego in order to provide cable television service to residents of the City, and to a height of 199 feet so that it may use said tower for the City's camnunication needs. WHEREAS, RVS Cablevision Corporation, in furtherance of the WHEREAS, the City is desirous of having the tower constructed NOW, l'liEREFORE, IT IS AGREED AS FOLLOWS : The Lessor hereby leases to the Lessee the following described real estate: Part of the Southeast 1/4 Northwest 1/4 of Section 16, Town 5 North, Range 20 East, City of Muskego, Waukesha County, Wisconsin, described as follows: Conunencing at the southeast corner of the Municipal Police Department building and creating an area 50 feet by 100 feet east and parallel to said building. for $1.00 and other good and valuable consideration, said sum payable at the date of signing this agreement. The lease shall be for fifteen (15) years from the date of the granting of the cable television franchise or until termination of said cable television franchise, whichever comes first, The Lessee shall have the right to install and maintain, at its Own expense, subject to the requirements and any restrictions of all governmental laws, ordinances, rules, etc., a 199 foot tower for receiving cable television signals and shall be responsible for the maintenance of such facilities. its expense the existing police tower at this site. without charge, to install upon the tower its communication equipment and make use of said tower and related equipment at no charge to Lessor. Immediately upon the lessor's request lessee shall remove at The Lessor and others with its consent shall have the right, or otherwise comes to an end, the Lessee shall leave the tower and The Lessor and Lessee agree that if this lease is terminated, accessory equipment installed by it on the leased premises and it then becomes the property of the City. the date first above written, IN WITNESS WHEREOF, we have hereunto set our hands and seals .. .. . . .- - -. CITY OF MUSKEGO