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25D - AGMT - WIFI LIGHTS DT
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25D - AGMT - WIFI LIGHTS DT
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10/11/2019 10:10:27 AM
Creation date
10/11/2019 10:09:37 AM
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City Clerk
Doc Type
Agenda Packet
Agency
Public Works
Item #
25D
Date
10/15/2019
Destruction Year
2024
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Exhibit 1 <br />AGREEMENT FOR DEMONSTRATION AND EVALUATION OF <br />This Agreement for Demonstration and Evaluation of WiFi Access Points Streetlight Network <br />("Agreement') is dated as of October 15, 2019, and entered into by and between the City of Santa Ana, a <br />charter city and municipal corporation organized and existing under the Constitution and laws of the state <br />of California ("City'), and Petra Systems, Inc. ("Petra'). <br />RECITALS <br />A. The City is the owner of approximately 20 safety light LED light fixtures located in the <br />City of Santa Ana, County of Orange, California, more specifically in the Downtown area from First Street <br />to Civic Center Drive and from Flower Street to Main Street that is depicted on Exhibit A. These safety <br />light fixures (hereinafter referred to as the `Property') are used to illuminate intersections and are mounted <br />to the top of a traffic signal pole, above the red/yellow/green traffic signal lights. <br />B. Petra is a provider of Smart City Infrastructure that desires to use the Property to <br />temporarily install, operate, and maintain the Petra WiFi Access Points Streetlight Network for evaluation <br />by City for potential implementation, as further described on Exhibit B (the `Project'). Petra has <br />represented its willingness and ability to undertake all activities necessary to help determine the feasibility <br />of the Project on the Property, including the installation of "smart controller devices" on the Property. <br />C. The City has agreed to grant Petra a nonexclusive license to use the Property, on the terms <br />and conditions set forth in this Agreement, including those governing the parties' negotations for a future, <br />separate agreement, if any, governing the potential implementation of the Project in the City, subject to <br />mutually acceptable terms and conditions to be documented in a future agreement. <br />The Parties therefore agree: <br />1. Grant of License and License Term. The City hereby grants to Petra a nonexclusive license <br />for the right to enter and use the Property from October 16, 2019 to October 15, 2020 ("License Term') to <br />the extent reasonably necessary for the Project as mutually determined by the parties, upon the terms and <br />conditions set forth herein ("License'), subject to Petra's performance of all of its obligations under this <br />Agreement. At the sole discretion of the City, the License Term may be extended for one 1-year period <br />upon a writing executed by the City Manager and City Attorney. This Agreement is intended and shall be <br />construed only as a revocable license to use the Property and not as a lease or grant of any possessory or <br />other interest in any property or equipment owned by the City. <br />2. Restoration and Clean Up: No Interference with Streetlight Operations. At its sole cost <br />Petra shall, after use of the Property, or expiration or termination of this Agreement restore the Property to <br />its original condition in which it existed immediately prior to the Agreement, leave the Property in a neat <br />and clean condition to the sole satisfaction of the City, free of trash and debris, and remove all property and <br />materials belonging to Petra. The Project shall not interfere in any way with City's ordinary streetlight <br />operations. <br />3. Compliance with Laws. Petra shall cause all activities of Petra under this Agreement and <br />all activities in and on the Property to be performed in compliance with all applicable federal, state, and <br />local laws, ordinances, and regulations, and permits. <br />4. Damage. In the event that Petra damages any portion of the Property or the improvements <br />therein, Petra shall immediately repair the damage at Petra's sole cost. Alternatively, the City may, at its <br />Page 1 of 7 <br />25D-4 <br />
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