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25F - AGMT - WIRELESS LICENSE
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25F - AGMT - WIRELESS LICENSE
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5/28/2020 5:17:58 PM
Creation date
5/28/2020 5:12:43 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Public Works
Item #
25F
Date
6/2/2020
Destruction Year
2025
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DocuSign Envelope ID: 7CD73A60-3C9D-4785-9DC5-9A381151512D <br />6.6.3 If a Municipal Facility or Replacement Facility with Licensee Equipment <br />on it needs to be cleared from the ROW (for example, due to an accident), Licensor shall perform <br />or cause to be performed that work. If Licensee does not remove, repair, replace, or otherwise <br />remediate damage to its Equipment, a Replacement Facility, or to the ROW, Municipal Facilities <br />or other property as required in this Section, the Licensor shall have the option to perform or cause <br />to be performed such removal, repair, or replacement on behalf of Licensee and shall charge <br />Licensee for the actual costs incurred by the Licensor. If such damage causes a public health or <br />safety emergency, as reasonably determined by the Licensor, the Licensor may immediately <br />perform reasonable and necessary repair or removal work on behalf of Licensee and will notify <br />Licensee as soon as practicable; provided, such repair work shall not include any technical work <br />on Licensee's Equipment. Licensor shall have no obligation to maintain or safeguard the <br />Equipment. <br />6.6.4 Upon the receipt of a written demand for payment accompanied by <br />supporting documentation for payment by the Licensor pursuant to this Section, Licensee shall <br />within forty-five (45) days of such receipt reimburse the Licensor for such costs. <br />6.7 Change in Equipment. If Licensee desires to install Equipment which is different <br />in any material way from the then -existing and approved Equipment, then Licensee shall first <br />obtain the written approval for the use and installation of such Equipment from an authorized <br />representative of the Licensor. Any such approval shall take the form of an amendment to the <br />applicable Supplement. In addition to any other submittal requirements, and if requested by <br />Licensor, Licensee shall provide "load" (structural) calculations for Equipment changes. <br />Notwithstanding the foregoing, Licensee may maintain, repair, and make like -kind replacements <br />or modifications to any Equipment that do not increase the size, height, and weight of the <br />Equipment or exceed the structural capacity of the Municipal Facility as established in an approved <br />Supplement without requiring additional Applications or Supplements. <br />6.8 Relocation and Displacement of Equipment. <br />6.8.1 This Agreement creates no right in Licensee to receive any relocation <br />assistance or payment for any reason under the Relocation Assistance Act, the Uniform Relocation <br />Assistance Act or under any existing or future law upon any termination of tenancy. <br />6.8.2 Licensee understands and acknowledges that Licensor may require <br />Licensee to relocate one or more of its Equipment installations. Licensee shall at Licensor's <br />direction and upon ninety (90) days' prior written notice to Licensee, relocate such Equipment at <br />Licensee's sole cost and expense whenever Licensor reasonably determines that the relocation is <br />needed for any of the following purposes: (a) if required for the construction, modification, <br />completion, repair, relocation, or maintenance of a Licensor or other public agency project; <br />(b) because the Equipment is interfering with or adversely affecting proper operation of <br />Licensor -owned Municipal Facilities; or (c) to protect or preserve the public health or safety. In <br />any such case, Licensor shall use reasonable efforts to afford Licensee a reasonably equivalent <br />alternate location. If Licensee shall fail to relocate any Equipment as requested by the Licensor <br />within the ninety (90) days, Licensor shall be entitled to remove or relocate the Equipment at <br />Licensee's sole cost and expense, without further notice to Licensee. Licensee shall pay to the <br />Licensor actual costs and expenses incurred by the Licensor in performing any removal work and <br />Page 11 of 23 <br />25F-41 <br />
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