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Item 26 - Approve Municipal Facilities License Agreement with T-Mobile West LLC
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11/07/2023 Regular
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Item 26 - Approve Municipal Facilities License Agreement with T-Mobile West LLC
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11/1/2023 2:13:03 PM
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City Clerk
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Agenda Packet
Agency
Public Works
Item #
26
Date
11/7/2023
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Page 10 of 22 <br />(a) Licensee shall bear responsibility for all Make-Ready Work. If <br />Licensee or a Person other than Licensor or Licensee acting on Licensee’s behalf would have to <br />rearrange or adjust any of its facilities in order to accommodate a new Equipment, Licensee shall <br />be responsible, at Licensee’s sole expense, to coordinate such activity. Licensee shall be <br />responsible for directly paying such other Person for its charges for the same. <br />(b) The installation of Licensee’s Equipment shall be conditioned on the <br />completion of all Make-Ready Work needed to establish full compliance with NESC, and with <br />Licensor’s regulatory rules and engineering standards; provided, however, that Licensee shall not <br />be responsible for any third-party or Licensor costs necessary to correct third party or Licensor <br />attachments that are non-compliant at the time of Licensee’s Application. If Licensee is requested <br />by another Person, in comparable circumstances, to relocate or adjust any Equipment to <br />accommodate that Person’s facilities, subject to Licensor’s written approval of such relocation, <br />Licensee shall reasonably cooperate with such request. <br />6.4.2 Notification of Completion of Installation. Within twenty (20) business <br />days of completing the installation of Equipment on each Municipal Facility, Licensee shall notify <br />Licensor of such completion. <br />6.5 Replacement Facilities <br />6.5.1 Ownership of Replacement Facilities <br />Licensor shall own any approved Replacement Facility. Where needed, Licensee shall <br />cooperate with Licensor to transfer ownership and any associated manufacturers’ warranties of <br />any Replacement Facility from Licensee to Licensor. <br />6.5.2 Replacement Facility Provision. <br />Licensee shall be responsible for providing and installing any approved Replacement <br />Facility. <br />6.6 Damage, Maintenance & Repair. <br />6.6.1 Licensee shall, at its sole cost and expense and to the satisfaction of the <br />Licensor: (a) remove, repair or replace any of its Equipment that is damaged or becomes detached; <br />and/or (b) repair any damage to ROW, Municipal Facilities, or other property, whether public or <br />private, caused by Licensee, its agents, employe es or contractors in their actions relating to <br />attachment, operation, repair or maintenance of Equipment. Licensee shall complete such removal, <br />repair, or replacement within thir ty (30) days of written notice, unless time is extended by Licensor <br />in writing, in its discretion, because Licensee has demonstrated that more time is required for the <br />repairs. <br />6.6.2 For every ten (10) Municipal Facilities in use by Licensee, Licensee shall <br />provide Licensor one (1) Replacement Facility for storage by Licensee free of charge at Licensor’s <br />facility, up to a maximum of five (5) Replacement Facilities (“Spare Facilities”). Licensee shall <br />retrieve all Spare Facilities within sixty (60) days of the expiration or earlier termination of this <br />Agreement. <br />DocuSign Envelope ID: C2BC4D90-5342-462C-B1AB-E6E0C7461A47
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