Reso 2020-125 Verizon Wireless Master Agreement Small Cell Pole

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the City agrees. The applicable Pole License will terminate as to the identified City Pole upon expiration of the 72-hour period. 27.3.3 City Pole Removal. The City has the right to remove any City Pole that it determines in its sole judgment is unnecessary for its street light operations. If the City decides to remove a City Pole, it will make reasonable efforts to provide at least 90 days' notice to Licensee., but the City's rights under this Subparagraph will not be affected by its failure to provide less than 90 days' notice. Upon removal of a City Pole, either party will have the right to terminate the Pole License as to the affected City Pole as of the last day of the month of removal. The City will endeavor to accommodate a request by Licensee to relocate the Pole License and related Equipment, at Licensee's sole cost and expense, to another City Pole mutually acceptable to Licensee and City. 27.3.4 Replacement, Relocation, or Upgrading of City Poles. The City has the right to replace, relocate, or add City equipment to, and remove Licensee's Equipment from, any City Pole or License Area that the City determines in its sole judgment is necessary for its municipal operations, including, but not limited to, LED conversion or installation of solar capabilities. If the City decides to replace or relocate a City Pole or add equipment requiring the removal of Licensee's Equipment, the City will make reasonable efforts to provide at least 90 days' notice to Licensee, but the City's rights under this Subparagraph will not be affected by its failure to provide less than 90 days' notice. Licensee may choose either to terminate the applicable Pole License as to the replacement, relocated, or upgraded City Pole or, only if feasible in the discretion of the City's Engineering and Transportation Department, install Licensee's Equipment on the replacement, relocated, or upgraded City Pole at Licensee's sole cost. The City will endeavor to accommodate a request by Licensee to relocate the Pole License and related Equipment, at Licensee's sole cost and expense, to another City Pole mutually acceptable to Licensee and City. 27.3.5 Future Use of Existing City Conduit. 27.3.5.1 If City conduit space is part of a License Area, and the City needs to use such City conduit space for future upgrade and expansion of its street light system, the City may require Licensee's wiring to be removed from the City's conduit. The City will use reasonable efforts to give Licensee at least 90 days' notice that the wiring will be removed , but the City's failure to give notice or delivery of less than 90 days' notice will not affect the City's rights under this Subsection. In either case, the City will provide Licensee with a date by which its wiring must be removed. 27.3.5.2 Unless Licensee notifies the City within the time specified in the City's notice under Subsection (a) above that Licensee has identified an alternative to using City conduit to enable its Equipment without using the City conduit, the Pole License as to the affected City Pole will terminate automatically as of the last day of the month specified in the notice. 27.4 Licensee's Rights after Termination. Promptly after the effective date of any termination of any Pole License under Subsection 27.2.4 (Interference caused by City Work) or Section 27.3 (City's Termination Rights), the City will refund the portion of any previously -paid License Fee attributable to the terminated portion of the License Year, subject to Section 3.1.2 (Minimum Term). In addition, if Licensee wishes to replace the City Pole with a different Pole Location, the City will give priority to Licensee's Pole License applications for an equal portion of replacement City Poles, but the grant of priority will not affect Licensee's obligations under this Master License, including the requirement to obtain all Regulatory Approvals for the replacement City Poles. 40