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Agmt 2019 MLA for Small Cell Pole Attachment
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Agmt 2019 MLA for Small Cell Pole Attachment
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Last modified
6/5/2019 7:14:27 AM
Creation date
2/21/2019 4:31:33 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
1/7/2019
Retention
PERM
Document Relationships
10.A. Action 2019 0107
(Attachment)
Path:
\City Clerk\City Council\Agenda Packets\2019\Packet 2019 0107
Ord 2019-001 PAD
(Amended)
Path:
\City Clerk\City Council\Ordinances\2019
Reso 2019-002
(Approved)
Path:
\City Clerk\City Council\Resolutions\2019
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PURPOSE, DEFINITIONS, AND BASIC LICENSE INFORMATION <br />1.1 Purpose. <br />1.1.1 Master License. This Master License: (i) establishes the legal relationship <br />and framework under which Licensee may apply to the City for and obtain a revocable, <br />nonpossessory license to use the License Area identified in Pole Licenses issued under <br />this Master License for the Permitted Use-, (ii) governs the fees' oha[gea, procedures, <br />requirements, terms, and conditions by which the City will issue Pole License(s) to <br />Licensee; and (iii) authorizes Licensee tOengage in the Permitted Use only after Pole <br />Licenses are issued under this Master License. <br />1.1.2 Pole Licenses.Pole Licenses that the City issues under this Master <br />License will: (i) authorize Licensee tOengage in the Permitted Use; (ii) specify approved <br />Pole Locations, any site constraints, and any additional installation, operation, 8CDeSS' <br />and no8inteD8Ooe requirements specific tothose PO|8 Locations; (iii) grant |iQ8DSe, but <br />not a leasehold interest, to Licensee only as a part of and subject to the terms and <br />conditions of this Master License; and (iv) not amend any term or condition of this Master <br />License. <br />1.1.3 . The parties agree that Licensee may Seek to install <br />Equipment On poles owned by any other public or private party. or as OthGmviSR permitted <br />by Lovva. as long as Licensee obtains all necessary permits for such inSt8U8UOn, <br />including, vviLhnUt limitation, 8 City -issued Encroachment Permit. <br />1.2 Basic License Information. <br />The Basic License Information in the preceding pages is intended to provide a summary <br />of certain provisions relating to the licenses that the City will grant to Licensee in accordance with <br />this Master License and is for the parties' reference only. If any information in the Basic License <br />Information conflicts with any more specific provision of this Master License Or any Pole License <br />issued under it, the more specific provision will control. <br />1.3 Definitions. <br />Capitalized and other defined terms used in this Master License and all exhibits have the <br />meanings given to them in this Section or in the text where indicated be|ow. subject to the rules <br />of interpretation set forth in Section 28.5 (Interpretation of Licenses). <br />"Acknowledgment Letter" iedefined in Subsection 4.1.2. <br />"Additional Fees" iadefined inSubsection 4.8.1. <br />"Adjustment Date" is defined in Section 4.3. <br />"Administrative Payments" is defined in Section 4.7. <br />"Affiliate" means an entity that directly or indirectly controls, is controlled by, or is under <br />the common control with Licensee. <br />"Agents" when used with respect to either party includes the agents, employees, officers, <br />contractors, subcontractors, and representatives of that p8dv in relation to this Master License and <br />the License Area. <br />"Approved Plans" iSdefined iO Subsection 7.1.1. <br />"Amsignee'iadefined iO Section 16.2. <br />"Assignment" means any ofthe following: (G) @ merger, acquisition, or other transfer of <br />controlling interest in Licensee, voluntarily or by operation of Law; (b) Licensee's sale, <br />K <br />
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