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Item 12 - Ground License Agreement for Wireless Telecommunications Facilities
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Item 12 - Ground License Agreement for Wireless Telecommunications Facilities
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5/21/2025 5:47:27 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Public Works
Item #
12
Date
3/18/2025
Destruction Year
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additional telecommunications facilities on the Property, other than the Premises which is <br />already licensed to LICENSEE. <br />A. LICENSEE — COLOCATOR Colocation Agreement: LICENSEE shall enter into a <br />sublicense, or similar form of occupancy, subject to all permits and approvals from all <br />governmental agencies having jurisdiction, with a future tower colocation user who wishes <br />to collocate/sublease space on LICENSEE's tower, subject to: <br />I) LICENSOR shall receive a fee of fifty percent (50%) of the Tower Rent, as defined <br />below, received by LICENSEE (the "Additional License Fee"). <br />a. LICENSEE is required to self -report to LICENSOR when their Tower Rent <br />from any source increases. <br />b. To ensure accurate calculation and payment of the Additional License Fee, once <br />per calendar year, LICENSOR may submit a written request to LICENSEE for a <br />business summary report pertaining to LICENSEE's sublicensee rent obligations <br />for the cellular tower ("Tower Rent") that is the subject of this Agreement for <br />the prior twelve (12) month period, and LICENSEE shall provide such written <br />report to LICENSOR within sixty (60) days after LICENSEE's receipt of such <br />written request. LICENSOR shall send such written request to the Notice <br />address set forth in Section 29 of this Agreement. <br />c. In the event that LICENSEE does not provide a business summary, as described <br />in Section 28(a)(1), within sixty (60) days, or such business summary is not <br />satisfactory in the LICENSOR's reasonable discretion, LICENSOR shall have <br />the right to: <br />Upon reasonable notice, review LICENSEE's records related to Tower <br />Rent, including but not limited to, invoices, contracts, and any other <br />documentation supporting the amount of Tower Rent received by <br />LICENSEE; <br />ii. Conduct an audit: LICENSOR may, at its own expense and upon <br />reasonable notice to LICENSEE, conduct an audit of LICENSEE's books <br />and records related to the Tower Rent to verify the accuracy of the reported <br />amounts. <br />d. LICENSEE shall cooperate fully with LICENSOR's reasonable requests for <br />information and access to records in connection with the verification of the <br />Additional License Fee. <br />2) LICENSEE shall obtain LICENSOR's consent on any sublicense, or similar form of <br />occupancy, or colocation agreement, and affidavits stating the colocation rent. <br />3) Each colocatee shall have a separate agreement with the term(s) running <br />coterminous (all starting and expiring on the same date) with the primary or original <br />Page 14 of 107 <br />
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