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Reso 2020-125 Verizon Wireless Master Agreement Small Cell Pole
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Reso 2020-125 Verizon Wireless Master Agreement Small Cell Pole
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10/8/2020 3:56:54 PM
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10/8/2020 3:43:01 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Resolution
Document Date (6)
9/28/2020
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PERM
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8E Consent 2020 0928
(Approved by)
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\City Clerk\City Council\Agenda Packets\2020\Packet 2020 0928
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2.5.4 Disclosure. Under California Civil Code section 1938, to the extent <br />applicable to this Master License, Licensee is hereby advised that a Certified Access <br />Specialist (as defined in that Law) has not inspected any License Area to determine <br />whether it meets all applicable construction -related accessibility requirements. <br />TERM <br />3.1 Term of Master License and Pole Licenses. <br />3.1.1 Term. The term of this Master License shall be ten (10) years commencing <br />on the Effective Date and ending at midnight on the last day of the term, unless earlier <br />terminated by City or Licensee pursuant to the express terms of this Master License (the <br />"Term"). Provided that Licensee is not in breach of this Master License, the Term will be <br />extended for one (1) five (5) year period commencing immediately upon the expiration of <br />the Term (the "First Renewal Term"). Following the First Renewal Term, this Master <br />License shall be renewable for one (1) subsequent five (5) year period (the "Second <br />Renewal Term"), subject to each pa ap rty's option to not renew this Master License, <br />for any reason, upon one hundred and eighty (180) days' written notice to the other party. <br />Following the Second Renewal Term, this Master License shall be renewable for one (1) <br />subsequent five (5) year period (the "Third Renewal Term"), subject to each parties' <br />ap rty's option to not renew this Master License, for any reason, upon one hundred and <br />eighty (180) days' written notice to the other party. Following the Third Renewal Term, <br />this Master License shall be renewable for one (1) subsequent five (5) year period (the <br />"Fourth Renewal Term"), subject to each parties ap rty's option to not renew this Master <br />License, for any reason, upon one hundred and eighty (180) days' written notice to the <br />other party. The Term shall include, if exercised, the First Renewal Term, the Second <br />Renewal Term, the Third Renewal Term, and the Fourth Renewal Term. By way of <br />example, upon the expiration of the Term after fifteen (15) years, if the Second Renewal <br />Term takes effect, the Term along with all rights and obligations of the parties shall <br />include the additional five (5) year period under the Second Renewal Term. Each Pole <br />License will be effective the first day of the month after the date the parties have fully <br />executed it and terminate upon the Expiration Date or earlier termination of this Master <br />License, which may result in a partial License Year at the end of the Pole License Term. <br />3.1.2 Minimum Term. The minimum Term for the purpose of establishing the <br />License Fee for each Pole License will be one License Year immediately following the <br />Commencement Date under Section 4.1 (Commencement Date). This minimum Term <br />provision will prevail over any rights of abatement or termination afforded to Licensee <br />under this Master License except as otherwise expressly stated herein. <br />3.1.3 Deadline to Apply for Pole Licenses. Licensee may submit Pole License <br />applications at any time during the Term. All Pole Licenses will end on the Expiration Date, <br />regardless of their effective dates <br />LICENSE FEES; ADDITIONAL FEES; AND OTHER CHARGES <br />4.1 Commencement Date. <br />4.1.1 Definition. Licensee shall pay an annual License Fee under each Pole <br />License beginning on its "Commencement Date," which will be on the first day of the <br />month following the effective date of the Pole License. Each 12-month period (or shorter, <br />for the period immediately preceding the Expiration Date) beginning on the <br />Commencement Date of each Pole License is a "License Year" for that Pole License. <br />4.1.2 Intentionally Omitted. <br />4.1.3 Intentionally Omitted. <br />
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