Sec. 122.458. - Termination.

A communication tower or antenna lease may be terminated as follows: (a) By Lessee or the City if Lessee is unable to obtain or maintain any license, permit, or other governmental approval necessary for the construction, installation, or operation of the Telecommunication Facility or lessee's business within 120 days from the execution of this Lease; (b) By Lessee, upon 30 days prior written notice to the City, if the Leased Premises is not appropriate for Lessee's operations for economic or technological reasons, including, but not limited to signal interference; (c) By Lessee upon 30 days prior, written notice to the City if Lessee is unable to operate the Wireless Telecommunication Facility on the Leased Premises due to the action of the FCC, including withdrawing channels or changing frequencies; (d) By Lessee upon default of the City as set forth in the Master Tower Lease Agreement; (e) By the City upon default of the Lessee as set forth in the Master Tower Lease Agreement; (f) By the City if it determines that the communication tower is structurally unsound or otherwise not suitable for Lessee's use, including, but not limited to, consideration of age of the structure, damage, or destruction of all or part of the Tower from any source, or factors relating to condition of the Tower, however, Lessee shall first be afforded an opportunity to improve the Tower; (g) By the City if it determines that continued use of the communication tower is a threat to the public health, safety, or welfare or violates applicable laws or ordinances; (h) By the City, upon one year's prior, written notice to Lessee in the event that, as a result of the City's permitting of the communication tower, any court, regulatory or governmental entity, including, without being limited to, the Florida Public Service Commission, issues any final order to the effect that the City is a "telecommunications company," as defined in the Florida Statutes, as amended; (i) By the City, upon 120 days prior, written notice to Lessee if the existence of the lease creates an adverse impact upon the City's tax-exempt bond status; (j) By the City, upon 180 days prior, written notice to Lessee if the communication tower or antenna ceases to be used for communication purposes for a period of 180 consecutive days and the permit holder does not recommence using the communication tower for communication purposes prior to expiration of such notice period; (k) By either the City or Lessee, at any time during the third five-year extension term, upon at least two years prior, written notice to the other party. (Ord. 2005-1374-E, § 1)