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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
Metadata
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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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(f) For any relocation of the Facilities made pursuant to this Section <br />6.9.2, the following terms and conditions shall also apply (subject to application provisions of <br />this License, e.g., the default provisions): (i) such relocation will be performed exclusively by <br />Licensee or its agents; (ii) such relocation will not unreasonably result in any interruption of the <br />communications service of Licensee on the Property; (iii) such relocation will not impair, or in <br />any manner alter, the quality of communications service provided by Licensee on and from the <br />Property; (iv) Licensee shall have the right to bring and operate a temporary cell site in a <br />mutually agreeable location on the Property for so long as the Facilities are not operating on -air; <br />(v) the City shall reasonably and fully cooperate with the timely issuance of all Governmental <br />Approvals necessary for the relocation of Licensee's Facilities to the Relocation Premises; and <br />(vi) Licensee shall pay for all costs and expenses in connection with a relocation of the Facilities <br />for the first (P) Licensor request for Licensee to relocate the Facilities; after Licensee relocates <br />the Facilities for the first (I') time during the Term, then thereafter, any subsequent relocation of <br />the Facilities pursuant to a Licensor request shall be at Licensor's sole cost and expense. <br />7. ACCESS. <br />7.1 Licensee and its "Authorized Personnel' shall be entitled to free access for <br />maintenance and operation of the Facilities and Premises twenty-four (24) hours per day, seven <br />(7) days per week. For purposes hereof, "Authorized Personnel" shall mean only authorized <br />employees, engineers, technicians, or properly authorized contractors of Licensee or persons <br />under their direct supervision. All access to the Premises by Licensee shall be subject in each <br />instance to the reasonable security requirements, as well as compliance with reasonable rules and <br />regulations from time to time in effect at the Property, of which Licensor shall inform Licensee <br />in writing, except to the extent that the application of a Licensor security requirement, rule or <br />regulation would result in an unreasonable, discriminatory application of such Licensor security <br />requirement, rule or regulation vis-il-vis other similarly situated third parties at the Property. <br />8. DEFAULT. <br />8.1 It shall be an "Licensee Event of Default" if any one or more of the following <br />events shall occur. <br />S.1.1 Licensee shall default in the payment when due of any License Fees or <br />other sum of money specified hereunder to be paid by Licensee, and Licensee does not remedy <br />such default within thirty (30) days after Licensee's receipt of written notice thereof from <br />Licensor; or <br />8.1.2 Licensee shall default in the performance of any other of the terms, <br />conditions or covenants contained in this License to be performed or observed by Licensee other <br />than that specified in 8.1.1 above and the interference provision herein and Licensee does not <br />remedy such default within thirty (30) days after written notice thereof is given to Licensee, or, if <br />such default cannot be remedied in such period, Licensee does not commence such efforts or acts <br />as shall be necessary to remedy the default and continue to prosecute such efforts and/or acts to <br />completion with reasonable diligence. <br />REV: 11-14-18 DZ <br />Page 13 of 35 <br />ATTYIAGR.2018.264/New Cingular Wireless PCS, LLC - Wireless Communications Site license <br />Agreement 555 California Way <br />
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