Agmt06 NextG Networks - Laserfiche WebLink

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5.1 Obtaining Required Permits. If the attachment, installation, operation, maintenance, or location of the Equipment in the Public Way shall require any permits, NextG shall, if required under applicable City ordinances, apply for the appropriate permits and pay any standard and customary permit fees. City shall respond to NextG's requests for permits and shall otherwise cooperate with NextG in facilitating the deployment of the Network in the Public Rights-of-Way in a reasonable and timely manner. 5.2 Location of Equipment. The proposed locations of NextG's planned initial installation of Equipment shall be provided to the City promptly after NextG's review of available street light maps and prior to deployment of the Equipment. Prior to installation of the Equipment in the Public Rights-of-Way or upon any Municipal Facility, NextG shall obtain written approval for such installation in the Public Rights-of-Way or upon such Municipal Facility from the City. 5.2.1 NextG shall give priority to utilizing municipal facilities on which defunct wireless carrier or data communications components are already in place, and remove the defunct components from that facility prior to installation of NextG's equipment. The City will provide a list of such facility sites. 5.2.2 NextG understands that a proliferation of equipment mounted on poles, streetlights, or other municipal facilities located in the Public Way is disfavored as a matter of City policy, due to the negative visual impact. To minimize this impact, NextG agrees to remove defunct wireless carrier or data communications equipment identified on the list provided by the City from one municipal facility for each facility on which it installs new equipment. 5.3 The City may approve or disapprove a location and installation, based upon reasonable regulatory factors, including but not limited to, the location of other present or future communication facilities, efficient use of scarce physical space to avoid premature exhaustion, potential interference with other communication facilities and services, the public safety and other critical services, views from nearby residences and aesthetics; provided however, that approval shall not be unreasonably conditioned, delayed, or withheld. Upon the completion of each installation, NextG promptly shall furnish to the City a current pole list and map showing the exact location of the Equipment in the Public Rights-of-Way and/or on Municipal Facilities, and annually thereafter. NextG shall provide their list in appropriate electronic for suitable for inclusion in the City's GIS maps. 5.4 Zoning Height Restrictions. Notwithstanding anything to the contrary in this Use Agreement (including the Specifications attached hereto at Exhibit A), no portion of NextG's Equipment shall extend higher than thirty feet (30') above grade with respect to attachments to Streetlight Poles and utility poles located in the City's residential zones. 5.5 Street Furniture Cabinets. NextG understands that above-ground street furniture and equipment cabinets located in the Public Way are disfavored as a matter of City policy and that any such installation of above-ground street furniture or equipment cabinets will require a Permit under applicable ordinances. All installations shall be reviewed by the City Engineer or designee for approval. The City Engineer shall review and approve each application to verify each installation is safe, avoids unnecessary or redundant utility boxes or facilities, avoids obstruction of sight lines for traffic, avoids unreasonable obstruction of pedestrian traffic and unreasonable obstruction of views from residential property, by the City's determination. NextG shall cooperate to the fullest extent possible to achieve its technical objectives with the least number of boxes feasible on Municipal Facilities. NextG agrees to comply with the City's current Right-of-Way Use Agreement City of Redwood City:: NextG Networks of California, Inc. page 7 of15 . .....------.--...-------.....--...---...