My WebLink
|
Help
|
About
|
Sign Out
Home
Browse
Search
Item 26 - Approve Municipal Facilities License Agreement with T-Mobile West LLC
Clerk
>
Agenda Packets / Staff Reports
>
City Council (2004 - Present)
>
2023
>
11/07/2023 Regular
>
Item 26 - Approve Municipal Facilities License Agreement with T-Mobile West LLC
Metadata
Thumbnails
Annotations
Entry Properties
Last modified
11/1/2023 2:13:03 PM
Creation date
11/1/2023 1:42:53 PM
Metadata
Fields
Template:
City Clerk
Doc Type
Agenda Packet
Agency
Public Works
Item #
26
Date
11/7/2023
There are no annotations on this page.
Document management portal powered by Laserfiche WebLink 9 © 1998-2015
Laserfiche.
All rights reserved.
/
29
PDF
Print
Pages to print
Enter page numbers and/or page ranges separated by commas. For example, 1,3,5-12.
After downloading, print the document using a PDF reader (e.g. Adobe Reader).
View images
View plain text
Page 21 of 22 <br />understandings (whether oral or written) between or among the parties relating to the subject <br />matter of this Agreement which are not fully expressed herein. <br />14.11 Non-Exclusive Remedies. No provision in this Agreement made for the purpose <br />of securing enforcement of the terms and conditions of this Agreement shall be deemed an <br />exclusive remedy or to afford the exclusive procedure for the enforcement of said terms and <br />conditions, but the remedies herein provided are deemed to be cumulative. <br />14.12 No Third -Party Beneficiaries. It is not intended by any of the provisions of this <br />Agreement to create for the public, or any member thereof, a third-party beneficiary right or <br />remedy, or to authorize anyone to maintain a suit for personal injuries or property damage pursuant <br />to the provisions of this Agreement. The duties, obligations, and responsibilities of the Licensor <br />with respect to third parties shall remain as imposed by state law. <br />14.13 Construction of Agreement. The terms and provisions of this Agreement shall <br />not be construed strictly in favor of or against either party, regardless of which party drafted any <br />of its provisio ns. This Agreement shall be construed in accordance with the fair meaning of its <br />terms. <br />14.14 Effect of Acceptance. Licensee (a) accepts and agrees to comply with this <br />Agreement and all applicable federal, state and local laws and regulations; (b) agrees that t his <br />Agreement was entered into pursuant to processes and procedures consistent with applicable Law; <br />and (c) agrees that it will not raise any claim to the contrary or allege in any claim or proceeding <br />against the Licensor that at the time of acceptance of this Agreement any provision, condition or <br />term of this Agreement was unreasonable or arbitrary, or that at the time of the acceptance of this <br />Agreement any such provision, condition or term was void or unlawful or that the Licensor had no <br />power or authority to make or enforce any such provision, condition or term. <br />14.15 Time is of the Essence. Time is of the essence with regard to the performance of <br />all of Licensee’s obligations under this Agreement. <br />14.16 Taxes. Licensee shall be responsible for payment of all fees and taxes charged in <br />connection with the right, title, and interest in and construction, installation, maintenance, and <br />operation of Equipment for the purposes set forth herein. <br />14.17 Tax Notice. Licensor hereby provides notice pursuant to California Revenue and <br />Taxation Code Section 107.6, and Licensee acknowledges that this Agreement may create a <br />possessory interest and Licensee may be subject to property taxes levied on such interest, as <br />described in California Revenue and Taxation Code Section 107.6. Licensee shall pay directly to <br />the appropriate authority, when due, all real and personal property taxes, fees and assessments, <br />assessed against the area licensed and the Equipment. <br />14.18 Counterparts. This Agreement , any Supplement , and any amendments to either <br />may be executed in multiple counterparts, including by electronic means, each of which shall be <br />deemed an original, and all such counterparts once assembled together shall constituted one <br />integrated instrument. <br />[Signature page to follow] <br />DocuSign Envelope ID: C2BC4D90-5342-462C-B1AB-E6E0C7461A47
The URL can be used to link to this page
Your browser does not support the video tag.