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10.A. Action 2019 0107
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10.A. Action 2019 0107
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12/21/2018 7:57:16 PM
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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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PERM
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Agmt 2019 MLA for Small Cell Pole Attachment
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Path:
\City Clerk\City Council\Agreements\2019
Ord 2019-001 PAD
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Path:
\City Clerk\City Council\Ordinances\2019
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31 <br />17.2.3 Termination of Master License. If Licensee’s default is of such a serious <br />nature in the City’s sole judgment that the default materially affects the purposes of this <br />Master License, the City may terminate this Master License in whole or in part. <br />Termination of this Master License in whole will affect the termination of all Pole or <br />Associated Facilities Licenses issued under it automatically and without the need for any <br />further action by the City. In either case, the City will deliver notice to Licensee providing <br />30-days’ notice of termination and specifying whether the termination affects the entire <br />Master License or only certain Pole and Associated Facilities Licenses as specified in the <br />notice. The City will specify the amount of time Licensee will have to remove its <br />Equipment from any affected City Pole or Associated Facility, which will be at least 60 <br />days after the date of the City’s notice for up to 50 City Poles or Associated Facilities and <br />an additional 60 days for more than 50 City Poles or Associated Facilities. If Licensee <br />does not remove its Equipment within the specified period, the City will be entitled but not <br />obligated to remove Licensee’s Equipment from the License Areas. <br />17.2.4 Default Fees. Without limiting the City’s other rights and remedies under <br />this Master License, the City may require Licensee to pay Additional Fees for the City’s <br />administrative costs in providing notice or performing inspections for the events described <br />below (each, a “Default Fee”), by giving notice of the City’s demand that Licensee cure <br />the default and specifying the cure period. The Default Fee for the initial notice from the <br />City will be due and payable to the City 10 days after delivery of notice to Licensee. In <br />addition, if Licensee fails to cure the condition within the cure period set forth in the initial <br />notice, and the City then delivers to Licensee a follow-up notice requesting compliance, <br />then the Default Fee for the follow-up notice will be due and payable to the City 10 days <br />after delivery of the follow-up notice to Licensee. Default Fees will apply to any of the <br />following events: <br />17.2.4.1 Licensee constructs or installs any alteration or improvement <br />without the City’s prior approval as required by Article 6 (License <br />Approvals), Article 7 (Installation of Equipment), or Article 8 (Alterations) of <br />this Master License. <br />17.2.4.2 Licensee fails to make a repair required by Article 10 <br />(Licensee’s Maintenance and Repair Obligations) on a timely basis. <br />17.2.4.3 Licensee fails to notify the City, through its project manager, <br />before accessing the License Area or following the plan approval procedures <br />as set forth in Article 7 (Installation of Equipment). <br />17.2.4.4 Licensee fails to provide evidence of the required bonds and <br />insurance coverage described in Article 19 (Insurance) on a timely basis. <br />17.3 Licensee’s Remedy for City Defaults. <br />Licensee’s sole remedy for the City’s breach or threatened breach of this Master License <br />or any Pole or Associated Facilities License issued under it will be termination of this Master <br />Agreement or any Pole or Associated Facilities License issued under it and/or an action for <br />damages, subject to Article 20 (Limitation of City’s Liability). <br />17.4 Cumulative Rights and Remedies. <br />All rights and remedies under this Master License are cumulative, except as otherwise <br />provided. <br />18 LICENSEE’S INDEMNITY <br />18.1 Scope of Licensee’s Indemnity.
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