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<br />13 <br />Licensee shall not use or occupy any of the License Area in any unlawful manner or for <br />any illegal purpose or in any manner that constitutes a nuisance as determined by the City in its <br />reasonable judgment. Licensee shall take all precautions to eliminate any nuisances or hazards <br />in connection with its use of the License Area. <br /> <br />6 POLE LICENSE APPROVALS <br />6.1 City Approval Required. <br />6.1.1 City Rights Superior. Licensee’s use of any part of the License Area for the <br />Permitted Use is subject to the City’s prior approval in connection with a Pole License <br />application. Subject to any limitations expressly provided in this Master License, the City <br />is not obligated to subordinate its municipal functions or proprietary interests in any way to <br />Licensee’s interest under any Pole License. In determining whether to approve Licensee’s <br />application for any Pole License, including the attached plans and specifications, the City <br />may consider any matter affecting its municipal obligations and proprietary interests. <br />Examples of municipal and proprietary concerns include: <br />6.1.1.1 the resulting total load on the City Pole if the Equipment is installed; <br />6.1.1.2 the impact of the installation on the City’s street light operations, <br />including whether the Equipment would compromise the City’s street light circuits <br />serving City Poles; <br />6.1.1.3 whether the installation complies with electrical codes; <br />6.1.1.4 whether the Equipment would create a hazardous or unsafe condition; <br />6.1.1.5 any impacts the Equipment would have in the vicinity of the City Pole, <br />including size, materials, and visual clutter; <br />6.1.1.6 aesthetic concerns; and municipal plans for the City Pole. <br />6.1.2 Changes in Application. If the City determines for any reason that the <br />Permitted Use at any particular Pole Location would impede its municipal functions, <br />disgruntle a proximate property owner, or otherwise affect its proprietary interests <br />negatively, it will provide notice to Licensee of the City’s concerns as soon as reasonably <br />practicable in the application review process. Licensee will have the opportunity to <br />change the Pole License application to address the City’s concerns for a period ending 14 <br />days after delivery of the City’s notice without affecting the priority of Licensee’s <br />application in relation to other potential licensees. Any other changes that Licensee <br />makes in the Pole License application will cause the date that the application is deemed <br />submitted to be changed to the date that Licensee delivers the proposed changes to the <br />City. <br />6.1.3 Consultation with Community Development. In reviewing a Pole License <br />application, the City’s Engineering and Transportation Department may consult with the <br />City’s Community Development Department to assess whether Licensee’s proposed <br />Equipment is appropriate for a given location or, for historic and decorative Nonstandard <br />City Poles, whether the proposed Equipment poses particular aesthetic concerns. <br />Licensee acknowledges and agrees that any consultation between Engineering and <br />Transportation Department and the Community Development Department in accordance <br />with the preceding sentence and any resulting actions by the City would be in its <br />proprietary capacity as the owner of the City Poles and would not be an exercise of <br />regulatory authority. <br />6.2 Regulatory Approval Required.