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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 />23 <br />have a reasonable opportunity to contest the validity of the same. The City will provide <br />Licensee with copies of all tax and assessment notices on or including the License Area <br />promptly, along with sufficient written documentation detailing any assessment increases <br />attributable to Licensee’s Equipment, but in no event later than 30 days after receipt by <br />the City. <br />12.2.3 Taxes on Equipment. Licensee shall be responsible for all taxes and <br />assessments levied upon Licensee’s Equipment. Licensee agrees not to allow or suffer a <br />lien for any such taxes to be imposed upon the Equipment without promptly discharging <br />the same, provided that Licensee, if so desiring, will have a reasonable opportunity to <br />contest the validity of the same. <br />12.2.4 Use of City Electricity. For a location where Licensee’s Equipment will be <br />powered from a street light circuit that is currently connected to a City-operated electrical <br />meter, the cost of said electricity is assumed to be included in the License Fee paid to <br />City, and no sub-metering or incremental payment for electricity will be required. <br /> <br />13 COMPLIANCE WITH LAWS <br />13.1 Current and Future Laws. <br />Licensee shall install, use, and maintain the Equipment in strict compliance with Laws <br />and conditions to Regulatory Approvals relating to the use or occupancy of the <br />License Area, including all Laws relating to health, safety, and radio signal <br />transmission. Any work or installations made or performed by or on behalf of Licensee <br />or any person or entity claiming through or under Licensee is subject to applicable <br />Laws. The parties agree that Licensee’s obligation to comply with all Laws is a <br />material part of the bargained-for consideration under this Master License, <br />irrespective of the degree to which such compliance may interfere with Licensee’s use <br />or enjoyment of the License Area, the likelihood that the parties contemplated the <br />particular Law involved and whether the Law involved is related to Licensee’s <br />particular use of the License Area. No occurrence or situation arising during the Term <br />under any current or future Law, whether foreseen or unforeseen and however <br />extraordinary, will relieve Licensee from its obligations under this Master License or <br />give Licensee any right to terminate this Master License or any Pole License in whole <br />or in part or to otherwise seek redress against the City. Licensee waives any rights <br />under any current or future Laws to terminate this Master License or any Pole <br />License, to receive any abatement, diminution, reduction or suspension of payment of <br />any amounts due under this Master License, or to compel the City to waive any rights <br />of City under this Master License <br />13.2 Personnel Safety Training. <br />13.2.1 CPUC Certification. Licensee shall ensure that all persons installing, <br />operating, or maintaining its Equipment are appropriately trained and licensed by the <br />California State Contractors Licensing Board and as required by applicable regulations <br />and rules of the California Public Utilities Commission (the “CPUC”). Licensee shall <br />ensure that these persons are trained in and observe all safety requirements established <br />by the City, the CPUC, and the California Division of Occupational Safety & Health, <br />Department of Industrial Relations, including site orientation, tag-out lock-out de- <br />energization rules, ladder and lift restrictions, and sidewalk and street right-of-way safety <br />requirements. <br />13.2.2 Licensee’s Indemnity. During any period when Licensee or any Agent of <br />Licensee is installing, operating, or maintaining its Equipment, Licensee acknowledges <br />and agrees that the City has delegated control of the License Area to Licensee, which will
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