Reso 2020-125 Verizon Wireless Master Agreement Small Cell Pole

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City's use and operation of any portion of the License Area or any other City Property for any purpose. Each Pole License will be subject to and conditioned upon Licensee obtaining and maintaining throughout the Term all Regulatory Approvals to use the License Area for the Permitted Use. Licensee acknowledges that City Laws and Regulatory Approvals include design review, engineering, radio interference, and zoning or telecommunications ordinances which shall all be in accordance with applicable State and Federal Law. 5.1.1 Licensee may use the License Area solely for the installation, operation, maintenance, modification, and addition of Equipment for transmission and reception of wireless communications signals (the "Permitted Use") in compliance with all applicable Laws and any conditions in any Regulatory Approvals and for no other use whatsoever without the City's prior written consent, which the City may withhold in its sole and absolute discretion for any or no reason. Licensee may lease, license or otherwise allow its Invitees to use capacity on Licensee's Equipment; provided, however, that any such third parties shall not be permitted to perform any physical work on any Pole without the City's prior written consent, which the City may reasonably withhold or condition as the City deems necessary to protect the Pole or public health safety and/or welfare. 5.2 Prohibition on "Macro Cell" Uses. 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; 13