Agmt 2019 MLA for Small Cell Pole Attachment

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maintenance. During installation, alteration, repair, and maintenance of Equipment, Licensee must abide by all City construction regulations, including, but not limited to construction hours, waste management, noise abatement, and traffic management ordinances and regulations. Licensee must pay all parking fees and citation fines incurred by Licensee and its contractors for vehicle parking. The City will not pay or void any citations or reimburse Licensee for traffic citations or fines. 7.10 Fiber -Optic Cables, Conduits, and Pull Boxes In the event that Licensee's Equipment on the License Area includes any fiber-optic cables, Licensee will reserve a minimum of 6 strands of fiber, if existing, throughout its entire network in the City's rights-of-way, including up to and on City poles and along aerial routes, as well as underground conduits, for the City's exclusive noncommercial use as partial consideration paid to the City for this Master License pursuant to the Dark Fiber License Agreement attached as Exhibit C. Licensee's fiber strands shall consist of a contiguous route or routes of dark fiber that create an infrastructure that can be used as a network and system to effectively transport broadband between points of connection throughout the City. Licensee shall grant the City the right to use all related infrastructure to access, manage and maintain the fiber strands, including conduit, pull boxes, vaults, splice cases and other such access points. The City shall have the right to splice the fibers to new or other fibers as it deems necessary. The Dark Fiber License Agreement shall be automatically effective upon Licensee's installation of any fiber-optic cables on the License Area, and Licensee shall designate and mark the six fiber strands in any conduit that serves the License Area for the City's use at the time it installs such fiber-optic cables. Licensee further agrees that, at the time this Master Agreement expires or terminates, Licensee shall transfer to the City title and ownership of any fiber stands marked for use by the City by quitclaim or bill for sale at no cost to the City and in addition, shall continue to grant the City the right to use all related infrastructure, as described above. 8 ALTERATIONS 8.1 Licensee's Alterations. Other than installation in accordance with Approved Plans, Licensee shall not make or permit any alterations to the License Area or anything that is part of, installed on, or appurtenant to the License Area, except with the City's prior consent in each instance, which the City may grant or withhold in its sole discretion. The City may condition its consent reasonably in each instance based on the scope and nature of the alterations to be made. All alterations must be at Licensee's sole expense in accordance with plans and specifications approved by the City and be performed only by duly licensed and bonded contractors or mechanics. 8.2 Title to Improvements and Removal of Licensee's Equipment. Except as otherwise provided in this Master License, the City has no claim of ownership of Licensee's Equipment installed on the License Area, but any structural improvements to a City Pole, replacement of a City Pole, installation of an Integrated Pole, or installation of fiber-optic cable owned by Licensee, as approved by the City, made by Licensee will become City Property and remain on the Pole Location should Licensee vacate or abandon use of the City Pole. Licensee may remove all of its Equipment (which excludes structural improvements to or replacement of any City Pole) from the License Area after 30 days' prior notice to the City, subject to Section 7.10 (Fiber -Optic Cables), Article 25 (Surrender of License Area), and Article 27 (Special Provisions), unless the City has previously elected to require Licensee to remove at Licensee's sole expense all or part of any structural improvements to the License Area or City Pole, whether made by the City or Licensee. 19