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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 />37 <br />24.2 Further Deposits. <br />Should the City use any portion of the Security Deposit to cure any default by Licensee <br />under this Master License, Licensee will be required to replenish the Security Deposit in the <br />amount and by the date that the City specifies by notice to Licensee. <br /> <br />25 SURRENDER OF LICENSE AREA <br />25.1 Surrender. <br />25.1.1 Obligations Upon Surrender. No later than 60 days after the Expiration <br />Date or other termination of this Master License or any Pole License, Licensee shall at its <br />sole cost and expense peaceably remove its Equipment from applicable portions of the <br />License Area, repair any damage resulting from the removal, and surrender the poles to <br />the City in good order and condition, normal wear and tear excepted, free of debris and <br />hazards, and free and clear of all liens and encumbrances. Licensee shall not remove <br />any fiber-optic cable to which the City will obtain title under Section 7.9 (Fiber-Optic <br />Cables). Licensee’s obligations under this Article will survive the Expiration Date or other <br />termination of this Master License. <br />25.1.2 Equipment Abandoned After Termination. At its option, the City may deem <br />any items of Licensee’s Equipment that remain in a License Area or other City Property <br />more than 60 days after the Expiration Date of this Master License to be abandoned and <br />in such case the City may dispose of the abandoned Equipment in any lawful manner <br />after expiration of a 60-day period initiated by the City notice to Licensee to remove the <br />Equipment. Licensee agrees that California Civil Code sections 1980 et seq. and similar <br />provisions of the Civil Code addressing abandoned property by residential or commercial <br />tenants do not apply to any abandoned Equipment. <br />25.2 Holding Over. <br />25.2.1 With Consent. Any holding over after the Expiration Date with the express <br />consent of the City will be construed to automatically extend the Term of this Master <br />License for a period of one License Year at a License Fee equal to one hundred fifty <br />percent (150%) of the License Fee in effect immediately before the Expiration Date, and <br />the Master License otherwise will be on its express terms and conditions. <br />25.2.2 Without Consent. Any holding over without the City’s consent will be a <br />default by Licensee and entitle the City to exercise any or all of its remedies, even if the <br />City elects to accept one or more payments of License Fees, Additional Fees, or other <br />amounts payable to the City from Licensee after the Expiration Date. <br /> <br />26 HAZARDOUS MATERIALS <br />26.1 Hazardous Materials in License Area. <br />Licensee covenants and agrees that neither Licensee nor any of its Agents or Invitees <br />shall cause or permit any Hazardous Material to be brought upon, kept, used, stored, generated, <br />disposed of, or released in, on, under, or about the License Area or any other part of City <br />Property, or transported to or from any City Property in violation of Environmental Laws, except <br />that Licensee may use small quantities of Hazardous Materials as needed for routine operation, <br />cleaning, and maintenance of Licensee’s Equipment that are customarily used for routine <br />operation, cleaning, and maintenance of such equipment and so long as all such Hazardous <br />Materials are contained, handled, and used in compliance with Environmental Laws. Licensee <br />shall immediately notify the City if and when Licensee learns or has reason to believe any
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