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8G Consent Calendar 2018 1203
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8G Consent Calendar 2018 1203
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11/27/2018 8:01:01 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agenda
Document Date (6)
12/3/2018
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21 <br />10 LICENSEE’S MAINTENANCE AND REPAIR OBLIGATIONS <br />10.1 Damage to City Property. <br />If the acts, omissions, or negligence of Licensee or its Agents or Invitees when installing <br />or removing Equipment damages any City Pole, License Area, or other City Property, the City will <br />provide notice describing the damage and 30 days’ opportunity to cure. If Licensee fails to repair <br />or replace the damaged City Pole in accordance with the requirements of Section 8.1 <br />(Licensee’s Alterations) within the 30-day cure period, or any longer period to which the City <br />agrees in its reasonable discretion, the City may do so at Licensee’s expense. Failure to act after <br />60 days’ notice will subject Licensee to the Default provisions in Article 17 (Default). Licensee <br />shall reimburse the City for its costs of repair or replacement within 20 days after receipt of the <br />City’s demand for payment, together with copies of invoices or other evidence of its costs. <br />10.2 Alterations to City Property <br />If Licensee or any of its Agents or Invitees alters or removes any City Property without the <br />City’s express prior approval, Licensee shall restore the City Property to the condition existing <br />before the damage or alteration, unless the City directs otherwise. The City may condition its <br />approval of any alteration to City Property on restoration in accordance with this Section. <br />10.3 No Right to Repair City Property. <br />Absent notice from the City providing an opportunity to repair damage to City Property, <br />Licensee is not authorized to make any repairs to City Property. In all cases, Licensee waives <br />any right it may have to make repairs at the City’s expense under any applicable Law. <br />10.4 Notice of Damage to City Property. <br />Licensee agrees to give the City notice of the need for any repair to any City Pole, <br />License Area, or other City Property promptly after Licensee’s discovery of damage from any <br />cause. Licensee’s agreement to provide notice is not an assumption of liability for any life- <br />threatening or hazardous conditions unless caused by the negligent or reckless acts or <br />omissions or willful misconduct of Licensee or its Agents or Invitees. <br />10.5 Licensee’s Equipment. <br />10.5.1 Maintenance and Repair. Licensee shall at its sole expense install, <br />maintain, and promptly repair any damage to Equipment installed on the License Area <br />whenever repair or maintenance is required, subject to the City’s prior approval if required <br />under Article 8 (Alterations). <br />10.5.2 City Approval. Licensee is not required to seek the City’s approval for any <br />repair, maintenance, replacement, or other installation of Equipment or signage in a <br />License Area if: (i) the Equipment or signage in question was in the Approved Plans; (ii) <br />the repair, replacement, or installation involves only the substitution of internal <br />components, or does not result in any change to the external appearance, dimensions, or <br />weight of the Equipment in the Approved Plans; (iii) the City in its reasonable judgment <br />concurs with Licensee that the repair, maintenance, replacement, or other installation of <br />Equipment is reasonably consistent with the Approved Plans, taking into consideration <br />availability of the specific Equipment and advancements in technology, or (iv) requires no <br />temporary traffic control within the roadway or closure of a public sidewalk. In no event, <br />however, will Licensee be authorized to install larger, different, or additional Equipment on <br />a City Pole without the City’s express prior consent, or erect temporary traffic control for <br />either the roadway or sidewalk in a manner that endangers the public. In this regard, <br />Licensee acknowledges that section 6409(a) of the Middle Class Tax Relief and Job <br />Creation Act of 2012 (codified at 47 U.S.C. § 1455) does not apply to this Master License <br />or any Pole License because the City is granting rights to Licensee in its proprietary <br />capacity as the owner of the City Poles. Any work on Licensee’s Equipment installed on
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