Laserfiche WebLink
6 <br />review and approval process; and (ii) for any other Nonstandard City Pole that is historic <br />or decorative, the City has the right the absolute right in its sole discretion to deny for any <br />reason an application for a Pole License solely on aesthetic grounds to the extent <br />permitted by Laws. <br />2.1.5 Exclusions. Licensee acknowledges that the City will not license any of the <br />following to Licensee for any purpose: (i) Nonstandard City Poles that are concrete; (ii) <br />electrical wires servicing City Poles; and (iii) a City Pole that the City has already licensed <br />to a third party. Notwithstanding the preceding sentence, City may approve, in its sole <br />discretion, a Pole License that allows the replacement of a concrete Nonstandard City <br />Pole with a Standard City Pole or Integrated Pole at Licensee’s sole cost and expense, <br />subject to the City’s prior approval of plans, specifications, cost estimates, materials, and <br />acceptance of completed improvements. <br />2.2 No Property Interest in License Area or City Poles. <br />2.2.1 Limited Interest. Licensee acknowledges and agrees that neither this <br />Master License nor any Pole License issued under it creates a lease, possessory interest, <br />easement, franchise, or any other real property interest in any part of the License Area. <br />Licensee further acknowledges and agrees that in the absence of a fully executed Pole <br />License, Licensee does not have the right to use any City Pole for any purpose. <br />2.2.2 Limited Rights. Pole Licenses that the City issues under this Master <br />License grant to Licensee only a nonpossessory, revocable license to enter onto and use <br />the License Area for the Permitted Use, which means that: <br />(a)the City retains possession and control of all License Areas and <br />City Poles for City operations, which will at all times be superior to Licensee’s <br />interest; <br />(b)the City may terminate a Pole License in whole or in part at any <br />time, but only in accordance with this Master License; <br />(c)except as specifically provided otherwise in this Master License, <br />this Master License does not limit, restrict, or prohibit the City from entering into <br />agreements with third parties regarding the use of other City facilities, including <br />City Poles or other City Property in the vicinity of any License Area; <br />(d)neither this Master License nor any Pole License creates a <br />partnership or joint venture between the City and Licensee; and <br />(e)Licensee has no ownership or property right in any Pole <br />whatsoever. <br />2.2.3 No Impediment to Municipal Use. Except as limited in this Master License, <br />neither this Master License nor any Pole License limits, alters, or waives the City’s right to <br />use any part of the License Area as infrastructure established and maintained for the <br />benefit of the City, and for such purpose, City may require Licensee to relocate its <br />equipment and facilities at Licensee’s sole expense pursuant to Section 27.3.4 of this <br />Agreement. <br />2.3 Signs and Advertising. <br />Licensee agrees that its rights under Pole Licenses do not authorize Licensee to erect or <br />maintain, or permit to be erected or maintained by anyone under Licensee’s control, any signs <br />(except as provided in Section 7.1.2 (Identification of Licensee’s Equipment)), notices, graphics, <br />or advertising of any kind on any part of the License Area. <br />2.4 Light and Air.