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10.A. Action 2019 0107
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10.A. Action 2019 0107
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agenda
Document Date (6)
1/7/2019
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Agmt 2019 MLA for Small Cell Pole Attachment
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\City Clerk\City Council\Agreements\2019
Ord 2019-001 PAD
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\City Clerk\City Council\Ordinances\2019
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24 <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, if Licensee elects to pay the Associated License Fee, electricity will be included as <br />part of said Fee. Otherwise, the estimated cost of said electricity will be added as an <br />additional cost to the Pole License Fee paid to City, to be charged on an annual basis in <br />conjunction with the Pole License Fee. Licensee may also elect to install a separate <br />meter. <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 or Associated <br />Facilities License in whole or in part or to otherwise seek redress against the City. <br />Licensee waives any rights under any current or future Laws to terminate this Master <br />License or any Pole or Associated Facilities License, to receive any abatement, <br />diminution, reduction or suspension of payment of any amounts due under this Master <br />License, or to compel the City to waive any rights 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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