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Res19 15733
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Res19 15733
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Last modified
1/17/2019 4:15:03 PM
Creation date
1/17/2019 4:14:20 PM
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Template:
CC Index
CC Index - Document Type
Resolution
Meeting Type
Joint
Agency Type
City Council and Successor Agency and Public Financing Authority
Date
1/14/2019
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6.5 All installation and other work to be performed by Licensee hereunder will be <br />done in such a manner so as not to interfere materially with, delay or impose any additional <br />expense upon Licensor in maintaining the Property. In no event will Licensor be required to <br />consent to any installation or other work by Licensee which would physically affect any part of <br />the Property outside the Premises (other than with respect to the temporary construction <br />easement described in Section 6.2 hereof, which shall be subject to Licensee's duty to restore <br />such area as provided therein). Licensee shall repair any damage caused by Licensee to the <br />Property, reasonable wear and tear excepted. <br />6.6 The Facilities shall remain the exclusive property of Licensee during and after the <br />Term of this License, and Licensee shall have the right to remove all or any portion of the <br />Facilities at any time during the Term of this License or upon the termination or expiration of <br />this License as hereinafter provided. Except as otherwise expressly set forth herein, within ninety <br />(90) days following any termination or by the date of expiration of this License, Licensee shall <br />remove all of its Facilities, In performing such removal, Licensee shall restore the Premises and <br />any personal property and fixtures thereon (including the Building) to as good a condition as <br />they were in prior to the installation or placement of the Facilities, reasonable wear and tear <br />excepted. If Licensee fails to remove all of its Facilities by the expiration or within ninety (90) <br />days following the earlier termination of this License, except as otherwise expressly set forth <br />herein, Licensor may remove and dispose of the Facilities within the next succeeding ninety (90) <br />day period, and Licensee shall reimburse Licensor for the reasonable costs actually incurred for <br />such removal and restoration of the Premises, or Licensor may deem the Facilities abandoned, <br />whereupon the Facilities shall become Licensor's property. Licensor may also, at its sole <br />discretion, waive Licensee's removal responsibilities pursuant to this Section. <br />6.7 Licensee shall, at Licensee's expense, keep and maintain the Premises in <br />commercially reasonable condition and repair during the Term of this License. Licensee agrees <br />to maintain its Facilities in proper operating condition and within industry accepted safety <br />standards. All installations and operations of the Facilities by Licensee shall comply in all <br />material respects with all applicable mules and regulations of the FCC and all applicable federal, <br />state, city, county and local codes and regulations. Licensor assumes no responsibility for the <br />licensing, operation or maintenance of the Facilities. Licensee has the responsibility of carrying <br />out all of the terms of its FCC license. <br />6.8 Licensee shall have the right, at Licensee's expense, to install or improve utilities <br />on the Premises. All utility routes must be approved by Licensor prior to construction, which <br />approval shall not be unreasonably withheld, conditioned or delayed. Licensee agrees to have a <br />separate meter installed for Licensee's electrical power consumption, whereupon Licensee shall <br />pay the power utility directly for such usage. Licensor acknowledges that Licensee provides a <br />communication service which requires electrical power to operate and must operate twenty-four <br />(24) hours per day, seven (7) days per week. If an interruption in electrical service occurs for an <br />extended period of time, in Licensee's reasonable determination, Licensor agrees to allow <br />Licensee the right to bring in a temporary source of power for the duration of the interruption in <br />a mutually agreeable location on the Property. <br />REV: 11-14-19 DZ <br />Page 10 of 35 <br />ATTY/AGR.2018.264/New Cingular Wireless PCS, LLC - Wireless Communications Site License <br />Agreement 555 California Way <br />
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