Agmt 2019 MLA for Small Cell Pole Attachment

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The City and Licensee intend this Master License and any Pole License to cover only "small cell" and/or distributed antenna system installations, as those terms are commonly understood to mean small, low-power, low -elevation, unobtrusive wireless facilities intended to cover relatively small geographic areas. Licensee expressly acknowledges and agrees that the Permitted Use under this Master License does not include the right to use any Pole as a support structure for a "macro cell" or a traditional wireless tower typically constructed on private property. The City may, in its sole and absolute discretion, approve "macro cell" facilities on its Poles on a case-by-case basis. 5.3 No Illegal Uses or Nuisances. Licensee shall not use or occupy any of the License Area in any unlawful manner or for any illegal purpose or in any manner that constitutes a nuisance as determined by the City in its reasonable judgment. Licensee shall take all precautions to eliminate any nuisances or hazards in connection with its use of the License Area. 6 POLE LICENSE APPROVALS 6.1 City Approval Required. 6.1.1 City Rights Superior. Licensee's use of any part of the License Area for the Permitted Use is subject to the City's prior approval in connection with a Pole License application. Subject to any limitations expressly provided in this Master License, the City is not obligated to subordinate its municipal functions or proprietary interests in any way to Licensee's interest under any Pole License. In determining whether to approve Licensee's application for any Pole License, including the attached plans and specifications, the City may consider any matter affecting its municipal obligations and proprietary interests. Examples of municipal and proprietary concerns include: 6.1.1.1 the resulting total load on the City Pole if the Equipment is installed; 6.1.1.2 the impact of the installation on the City's street light operations, including whether the Equipment would compromise the City's street light circuits serving City Poles; 6.1.1.3 whether the installation complies with electrical codes; 6.1.1.4 whether the Equipment would create a hazardous or unsafe condition; 6.1.1.5 any impacts the Equipment would have in the vicinity of the City Pole, including size, materials, and visual clutter; 6.1.1.6 aesthetic concerns; and municipal plans for the City Pole. 6.1.2 Changes in Application. If the City determines for any reason that the Permitted Use at any particular Pole Location would impede its municipal functions, disgruntle a proximate property owner, or otherwise affect its proprietary interests negatively, including resultinq in the inability of third parties to utilize an area of the City for a Pole License, it will provide notice to Licensee of the City's concerns as soon as reasonably practicable in the application review process. Licensee will have the opportunity to change the Pole License application to address the City's concerns for a period ending 14 days after delivery of the City's notice, or such longer period as to which the City and Licensee may agree in writing, without affecting the priority of Licensee's application in relation to other potential licensees. Any other changes that Licensee makes in the Pole License application will cause the date that the application is deemed submitted to be changed to the date that Licensee delivers the proposed changes to the City. If Licensee fails to address City's concerns, as determined in the City's sole 13