Laserfiche WebLink
7 <br />may approve, in its sole discretion, a Pole License that allows the replacement of a <br />concrete Nonstandard City Pole with a Standard City Pole or Integrated Pole at <br />Licensee’s sole cost and expense, subject to the City’s prior approval of plans, <br />specifications, cost estimates, materials, and 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 or Associated Facilities License issued under it creates a <br />lease, possessory interest, easement, franchise, or any other real property interest in any <br />part of the License Area. Licensee further acknowledges and agrees that in the absence <br />of a fully executed Pole or Associated Facilities License, Licensee does not have the right <br />to use any License Area for any purpose. <br />2.2.2 Limited Rights. Pole or Associated Facilities Licenses that the City issues <br />under this Master License grant to Licensee only a nonpossessory, revocable license to <br />enter onto and use 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 or Associated Facilities License in <br />whole or in part at any 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, Associated Facilities or other City Property in the vicinity of any <br />License Area; <br />(d)neither this Master License nor any Pole or Associated Facilities <br />License creates a partnership or joint venture between the City and Licensee; and <br />(e)Licensee has no ownership or property right in any Pole or <br />Associated Facilities 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 or Associated Facilities License limits, alters, or <br />waives the City’s right to use any part of the License Area as infrastructure established <br />and maintained for the benefit of the City, and for such purpose, City may require <br />Licensee to relocate its equipment and facilities at Licensee’s sole expense pursuant to <br />Section 27.3.4 of this Master License. <br />2.3 Signs and Advertising. <br />Licensee agrees that its rights under Pole or Associated Facilities Licenses do not <br />authorize Licensee to erect or maintain, or permit to be erected or maintained by anyone under <br />Licensee’s control, any signs (except as provided in Section 7.1.2 (Identification of Licensee’s <br />Equipment)), notices, graphics, or advertising of any kind on any part of the License Area. <br />2.4 Light and Air. <br />Licensee agrees that no diminution of light, air, or signal transmission by any structure <br />(whether or not erected by the City) will entitle Licensee to any reduction of the License Fees or <br />Additional Fees under any Pole or Associated Facilities License, result in any liability of the City <br />to Licensee, or in any other way affect this Master License, any Pole or Associated Facilities <br />License, or Licensee’s obligations, except as specifically provided in this Master License. <br />2.5 As-Is Condition of the License Area.