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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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the 30 -day period, Licensee fails to promptly undertake action to cure such default within <br />such 30 -day period and thereafter fails to use its best efforts to complete such cure within <br />60 days after the City's notice. <br />17.1.8 Abandonment. Licensee removes its Equipment or abandons the <br />License Area for a continuous period of more than 60 days, such that the License Area is <br />no longer being used for the Permitted Use. <br />17.1.9 Insolvency. Any of the following occurs: (i) the appointment of a receiver <br />due to Licensee's insolvency to take possession of all or substantially all of the assets of <br />Licensee; (ii) an assignment by Licensee for the benefit of creditors; or (iii) any action <br />taken by or against Licensee under any insolvency, bankruptcy, reorganization, <br />moratorium, or other debtor relief Law, if any such receiver, assignment, or action is not <br />released, discharged, dismissed, or vacated within 60 days. <br />17.2 City's Remedies. <br />In addition to all other rights and remedies available to the City at law or in equity, the City <br />will have the following remedies following the occurrence of an event of default by Licensee. <br />17.2.1 Continuation of License. Without prejudice to its right to other remedies, <br />the City may continue this Master License and applicable Pole Licenses in effect, with the <br />right to enforce all of its rights and remedies, including the right to payment of License <br />Fees, Additional Fees, and other charges as they become due. <br />17.2.2 Termination of Pole License. If a default specific to one or more Pole <br />Licenses is not cured by Licensee within the applicable cure period, specified in Section <br />17.1 (Events of Default by Licensee), the City may terminate each Pole License in default. <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 Licenses <br />issued under it automatically and without the need for any further action by the City. In <br />either case, the City will deliver notice to Licensee providing 30 -days' notice of termination <br />and specifying whether the termination affects the entire Master License or only certain <br />Pole Licenses as specified in the notice. The City will specify the amount of time Licensee <br />will have to remove its Equipment from any affected City Pole, which will be at least 60 <br />days after the date of the City's notice for up to 50 City Poles and an additional 60 days <br />for more than 50 City Poles. If Licensee does not remove its Equipment within the <br />specified period, the City will be entitled but not obligated to remove Licensee's <br />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 (Pole License <br />30 <br />
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