Reso 2020-125 Verizon Wireless Master Agreement Small Cell Pole

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2.1.2 No Competing Licenses. The City will not license to any third party any City Pole that is licensed to Licensee under a Pole License. 2.1.3 Limitation on Scope. This Master License applies only to City Poles identified in final, fully executed Pole Licenses. This Master License does not authorize the Permitted Use on any other City Property except the License Areas specified in the Pole Licenses. 2.1.4 Limitation on Nonstandard City Poles. Licensee acknowledges that: (i) any Pole License application that requests installation of Equipment on a Nonstandard City Pole imposes a greater administrative burden on the City in the Pole License application review and approval process; and (ii) for any other Nonstandard City Pole that is historic or decorative, the City has the right absolute right in its sole discretion to deny for any reason an application for a Pole License solely on aesthetic grounds to the extent permitted by Laws. 2.1.5 Exclusions. Licensee acknowledges that the City will not license any of the following to Licensee for any purpose: (i) Nonstandard City Poles that are concrete; (ii) electrical wires servicing City Poles; and (iii) a City Pole that the City has already licensed to a third party which cannot, in the sole determination of the City, support collocation of additional equipment or meet City's Design Guidelines included in Exhibit B, however all instances of collocation requires agreement from existing third party Licensees. Notwithstanding the preceding sentence, City may approve, in its sole discretion, a Pole License that allows the replacement of a concrete Nonstandard City Pole with a Standard City Pole or Integrated Pole at Licensee's sole cost and expense, subject to the City's prior approval of plans, specifications, cost estimates, materials, and acceptance of completed improvements. 2.1.6 Consideration of Alternative Location. For any Pole License application, Licensee, upon request of City, agrees to use good faith efforts to consider at least one (1) alternative location that can accomplish Licensee's technical requirements for that proposed Pole License. 2.2 No Property Interest in License Area or City Poles. 2.2.1 Limited Interest. Licensee acknowledges and agrees that neither this Master License nor any Pole License issued under it creates a lease, possessory interest, easement, franchise, or any other real property interest in any part of the License Area. Licensee further acknowledges and agrees that in the absence of a fully executed Pole License, Licensee does not have the right to use any City Pole for any purpose. 2.2.2 Limited Rights. Pole Licenses that the City issues under this Master License grant to Licensee only a nonpossessory, revocable license to enter onto and use the License Area for the Permitted Use subject to the terms, conditions, and processes contained herein. which means that: (a) the City retains possession and control of all License Areas and City Poles for City operations, which will at all times be superior to Licensee's interest; (b) the City may terminate a Pole License in whole or in part at any time, but only in accordance with this Master License; (c) except as specifically provided otherwise in this Master License, this Master License does not limit, restrict, or prohibit the City from entering into