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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
Creation date
3/13/2025 8:17:10 AM
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City Clerk
Doc Type
Agenda Packet
Agency
Public Works
Item #
12
Date
3/18/2025
Destruction Year
P
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11. USE/MAINTENANCE. <br />A. LICENSEE shall have the right to construct, maintain, install, repair, and <br />operate, on the Premises, wireless telecommunications facilities, including but <br />not limited to, radio frequency transmitting and receiving equipment, batteries, <br />utility lines, transmission lines, radio frequency transmitting and receiving <br />antennas and supporting structures and improvements ("LICENSEE's <br />Facilities") as authorized and delineated in the plans and survey attached as <br />Exhibit D, as may be modified from time to time in accordance with this <br />Agreement. All improvements shall be at LICENSEE's sole expense and the <br />installation of all improvements shall be at the discretion and option of <br />LICENSEE, with LICENSOR approval, which approval shall not be <br />unreasonably withheld, delayed or conditioned. Said approval shall be obtained <br />from LICENSOR prior to commencement of any construction, alterations, <br />modifications or improvements pursuant to Section 10 above, and LICENSEE <br />agrees to submit architectural and engineering drawings ("Plans") and artistic <br />renderings of the equipment to be installed. <br />B. LICENSEE agrees that the installation and maintenance of LICENSEE's <br />Facilities shall be effected with all reasonable diligence and precaution to avoid <br />damage to the land, property or personnel. Notwithstanding the foregoing, once <br />the initial improvements are installed, LICENSEE may replace, substitute, <br />upgrade and expand its equipment, cables and antennas which comprise the <br />LICENSEE's Facilities for the purpose of repairing or upgrading the <br />telecommunications capabilities of LICENSEE's Facilities, with notice to <br />LICENSOR, so long as the equipment, cables, or antennas remain within the <br />original physical parameters of the Premises. <br />C. LICENSEE shall not make any physical and/or aesthetic changes to the <br />Premises that are substantial in the sole view of LICENSOR without the prior <br />approval of LICENSOR, which shall not be unreasonably withheld, conditioned <br />or delayed. Any such changes are subject to the provisions of Section 10 <br />contained herein. <br />D. LICENSEE shall be responsible for the cost of any and all damage to the <br />Property including but not limited to concrete and/or asphalt, buildings and/or <br />appurtenances caused by LICENSEE. LICENSOR at its discretion may require <br />LICENSEE to repair and/or replace said damages or contract for said services <br />and bill LICENSEE. LICENSEE shall have the right to install any warning <br />signs on or about the Premises required by federal, state or local law. <br />E. LICENSEE's Facilities shall be constructed and maintained in a manner and <br />with materials that are consistent with the approved plans for the project. The <br />materials actually used must match up with the proposed materials and artistic <br />renderings. LICENSOR shall provide LICENSEE, LICENSEE's employees, <br />agents, contractors, subcontractors and assigns with access to the Premises <br />Page 4 of 67 <br />
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