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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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8E Consent 2020 0928
(Approved by)
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\City Clerk\City Council\Agenda Packets\2020\Packet 2020 0928
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Licensee must pay all parking fees and citation fines incurred by Licensee and its contractors for <br />vehicle parking. The City will not pay or void any citations or reimburse Licensee for traffic <br />citations or fines. <br />7.10 Fiber -Optic Cables, Conduits, and Pull Boxes. The City understands that <br />Licensee's Equipment on the License Area may include fiber-optic cables and associated <br />conduits. By entering into this Master License, Licensee agrees that if it proposes the installation <br />of conduits in a License Area, then Licensee shall have an obligation to engage in good faith <br />negotiations for the installation of conduit for the exclusive use of the City for municipal use. <br />Nothing in this agreement requires Licensee or the City to reach agreement on the terms of such <br />installation. <br />ALTERATIONS <br />8.1 Licensee's Alterations. <br />Other than installation in accordance with Approved Plans or modifications which <br />otherwise do not require City approval, Licensee shall not make or permit any alterations to the <br />License Area or anything that is part of, installed on, or appurtenant to the License Area, except <br />with the City's prior consent in each instance, which the City may grant or withhold in its sole <br />discretion. The City may condition its consent reasonably in each instance based on the scope <br />and nature of the alterations to be made. All alterations must be at Licensee's sole expense in <br />accordance with plans and specifications approved by the City and be performed only by duly <br />licensed and bonded contractors or mechanics. <br />8.2 Title to Improvements and Removal of Licensee's Equipment <br />Except as otherwise provided in this Master License, the City has no claim of ownership <br />of Licensee's Equipment installed on the License Area, but any structural improvements to a City <br />Pole, replacement of a City Pole, installation of an Integrated Pole, made by Licensee will <br />become City Property without the requirement of an additional deed AS -IS, WHERE -IS, AND <br />WITH ALL FAULTS. Any replacement City Pole or Integrated Pole will remain on the Pole <br />Location should Licensee vacate or abandon use of the replacement City Pole or Integrated <br />Pole. Licensee may remove all of its Equipment (which excludes structural improvements to or <br />replacement of any City Pole) from the License Area after 30 days' prior notice to the City, <br />subject to Article 25 (Surrender of License Area), and Article 27 (Special Provisions). <br />CITY WORK ON POLES OR LICENSE AREA <br />9.1 Repairs, Maintenance, and Alterations. <br />City will: (a) maintain and repair the City Poles as needed, in its sole judgment, for its <br />street light, utility, or municipal operations; and (b) correct any immediately life -threatening or <br />hazardous condition. Except as specified in Article 27 (Special Provisions), neither City work on <br />the City Poles, nor the condition of the City Poles, will entitle Licensee to any damages, relieve <br />Licensee of the obligation to pay the License Fees and Additional Fees or perform each of its <br />other covenants under this Master License, or constitute or be construed as a constructive <br />termination of this Master License. <br />9.2 Notice to Licensee. <br />The City reserves the right at any time to make alterations, additions, repairs, removals, <br />and improvements to all or any part of the License Area for any operational purpose, including <br />19 <br />
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