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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
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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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Fee and performing the covenants shall peaceably and quietly have, hold and enjoy the <br />Premises, provided however, that LICENSOR shall have the right and privilege to conduct <br />City Business on the Property, as necessary. "City Business" shall include, but not be <br />limited to the following: minor maintenance, minor landscaping, minor construction, <br />concessionaires, and City -sponsored events, located near the Premises, so long as the City <br />Business does not interfere with or impair the operation of LICENSEE's Facilities. <br />20. TITLE. LICENSOR covenants that LICENSOR possesses good and sufficient title and <br />interest to the Property and has full authority to enter into and execute this Agreement. <br />LICENSOR further covenants that there are no other liens, judgments or impediments of title <br />on the Property or affecting LICENSOR's title to the same and that there are no covenants, <br />easements or restrictions that prevent the use of the Premises by LICENSEE as set forth <br />above. <br />21. NO LIENS. LICENSEE shall not permit any mechanics' or materialmen's liens on the <br />Property for any labor or material furnished to LICENSEE in connection with work <br />performed. LICENSEE shall have the right to contest the validity, nature, or amount of any <br />such lien but, upon the final determination of such questions, shall immediately pay any <br />adverse judgment rendered with all proper costs and charges and have the lien released at its <br />own expense. If LICENSEE desires to contest any such lien, then prior to commencing such <br />contest, it will post a bond, where necessary, to release the lien. <br />22. OTHER LICENSEE RESPONSIBILITIES. LICENSEE shall comply with all present <br />and future laws, orders and regulations relating to Maximum Permissible Exposure ("MPE") <br />and other related health issues directly applicable to its operation of LICENSEE's Facilities, <br />as well as the American National Standards Institute (ANSI) standards. Without limiting the <br />provisions of LICENSEE's indemnity contained herein, LICENSEE, on behalf of itself and <br />its successors and assigns, shall indemnify LICENSOR from and against all claims or <br />personal injuries due to violation of MPE to the extent such personal injuries are actually <br />caused by LICENSEE's Facilities on the Premises. <br />A. LICENSEE shall maintain LICENSEE's Facilities and shall make all repairs to <br />the Premises necessary to keep the Premises safe. LICENSOR may require <br />LICENSEE to make repairs to and/or replace damaged equipment of <br />LICENSEE's Facilities and/or any parts thereto regardless of fault including, but <br />not limited to, damage caused by vandalism or acts of God, not later than seven <br />(7) days after said damage is reported to LICENSEE, except for damage caused <br />by LICENSOR. This time period may be extended with written authorization <br />from the City Manager. In the event such authorization is not given, and repairs <br />are not made in seven (7) days, LICENSOR may cause such repairs to be made, <br />including making said repairs and/or hiring a contractor to make said repairs. <br />LICENSOR may charge LICENSEE for the cost of said services. Damage caused <br />by graffiti shall be removed within forty-eight (48) hours notification to <br />LICENSEE by LICENSOR. If said graffiti is not removed within the 48-hour <br />period, City may remove said graffiti and bill LICENSEE for the cost of services. <br />Page 11 of 67 <br />
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