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8D Consent Calendar 2018 0917
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8D Consent Calendar 2018 0917
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agenda
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9/17/2018
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<br />18 <br />7.8 Project Manager. <br />The City and Licensee each has designated the person listed in the Basic License <br />Information as its project manager to coordinate the design and installation of Licensee’s <br />Equipment and to serve as the respective primary point of contact between the City and <br />Licensee for all engineering, construction, and installation issues. Licensee acknowledges that <br />the City project manager is not exclusively assigned to this Master License, and the authority <br />delegated to the project manager is limited to the administration of this Master License, Pole <br />Licenses, and approved Encroachment Permits. Licensee shall be fully responsible for obtaining <br />and satisfying the requirements of all required Regulatory Approvals necessary for installation of <br />Equipment on the License Area, and Licensee shall not rely upon the City or the City’s project <br />manager to do so. Either party may change the name and contact information of its project <br />manager by providing written notice thereof in the manner provided in this Master License. <br />Licensee shall be the City’s point of contact for all Equipment installation and except in case of <br />emergency, all communications concerning all engineering, construction, and installation issues <br />relating to the Equipment. <br />7.9 Coordination of Work. <br />Licensee shall be responsible for coordination of its installation work to avoid any <br />interference with existing utilities, substructures, facilities, street light operations, or routine <br />maintenance. During installation, alteration, repair, and maintenance of Equipment, Licensee <br />must abide by all City construction regulations, including, but not limited to construction hours, <br />waste management, noise abatement, and traffic management ordinances and regulations. <br />Licensee must pay all parking fees and citation fines incurred by Licensee and its contractors for <br />vehicle parking. The City will not pay or void any citations or reimburse Licensee for traffic <br />citations or fines. <br />7.10 Fiber-Optic Cables, Conduits, and Pull Boxes <br />In the event that Licensee’s Equipment on the License Area includes any fiber-optic <br />cables owned by Licensee, Licensee will reserve a minimum of 4 strands of fiber, and up to 6 <br />strands, if existing, throughout its entire network in the City’s rights-of-way, including up to and on <br />City poles and along aerial routes, as well as underground conduits, for the City’s exclusive <br />noncommercial use as partial consideration paid to the City for this Master License.Fiber strands <br />owned by Licensee shall consist of a contiguous route or routes of dark fiber that create an <br />infrastructure that can be used as a network and system to effectively transport broadband <br />between points of connection throughout the City. Licensee shall grant the City the right to use all <br />related infrastructure to access, manage and maintain the fiber strands owned by Licensee, <br />including conduit, pull boxes, vaults, splice cases and other such access points. The City shall <br />have the right to splice the fibers to new or other fibers as it deems necessary. Such license shall <br />be automatically effective upon Licensee’s installation of any fiber-optic cables on the License <br />Area that are owned by Licensee, and Licensee shall designate and mark the four or six fiber <br />strands in any conduit that serves the License Area for the City’s use at the time it installs such <br />fiber-optic cables. Licensee further agrees that, at the time this Master Agreement expires or <br />terminates, Licensee shall transfer to the City title and ownership of any fiber stands that are <br />owned by Licensee and that the City uses by quitclaim or bill for sale at no cost to the City. <br /> <br />8 ALTERATIONS <br />8.1 Licensee’s Alterations. <br />Other than installation in accordance with Approved Plans, Licensee shall not make or <br />permit any alterations to the License Area or anything that is part of, installed on, or appurtenant <br />to the License Area, except with the City’s prior consent in each instance, which the City may <br />grant or withhold in its sole discretion. The City may condition its consent reasonably in each
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