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AgdaPkt 2020-12-21 Amended Joint SA PFA
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AgdaPkt 2020-12-21 Amended Joint SA PFA
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Last modified
1/5/2021 12:51:59 PM
Creation date
12/18/2020 5:45:35 PM
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Template:
CC Index
CC Index - Document Type
Agenda Packet
Meeting Type
Joint
Agency Type
City Council and Successor Agency and Public Financing Authority
Date
12/21/2020
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6.C. - Page 11 of 28 <br />to any deployment of the Equipment. Prior to installation of the Equipment in or on <br />any Municipal Facility, Licensee must obtain the City's prior written approval in <br />the form of an SLA. Licensee will submit the application attached as Exhibit A to <br />the authorized representative of the City for an SLA showing the proposed design <br />for any proposed installations including Equipment in or on Municipal Facilities, <br />which Licensee desires to use. The City may approve, approve with conditions, or <br />disapprove a location and installation, in its sole discretion. Any approved <br />Equipment shall be included as part of an applicable SLA. If Licensee selects a <br />Municipal Facility that is inadequate (structurally or otherwise) to accommodate <br />Equipment, Licensee may request to replace the Municipal Facility at its sole cost <br />and expense with one that is acceptable to and approved by the City as part of the <br />SLA, and dedicate such Municipal Facility replacement to City. Upon the <br />completion of each installation, Licensee must promptly furnish to the City a <br />current list and map that identifies the exact location of the Equipment in or on the <br />Municipal Facility. That information must be provided in a format that is <br />compatible with City's information technology, including but not limited to ESRI <br />compatible GIS shapefiles. Licensee may replace its approved Equipment with <br />like -kind, similar Equipment that complies with the then -current Design Standards <br />per Section 5.3 below, without prior written approval of City hereunder (though <br />Licensee must still comply with any and all applicable Laws which require a <br />regulatory approval). Such like -kind, similar equipment shall, without limitation, <br />serve a substantially equivalent function, be the same or smaller in size, be the same <br />or fewer number of antennas approved by the City, and present a substantially <br />similar appearance to the equipment it replaces. <br />5.3. Design Standards. The Equipment and any subsequent <br />modifications to or replacement of the Equipment, regardless of whether the <br />modified or replacement equipment is "like -kind" or similar, and any Replacement <br />Facility shall comply with the then -current design standards set forth in City's <br />resolution establishing aesthetic standards for wireless facilities in the public rights- <br />of-way, or any applicable successor provision(s). All future SLAB, SLA renewals, <br />and modifications to or replacement of existing Equipment for any reason <br />whatsoever shall be subject to then -current design standards in the City of Redwood <br />Municipal Code. By entering into this Agreement, Licensee agrees that the current <br />design standards required by this Section are technically feasible and reasonably <br />directed at accomplishing the aesthetic goals of City. <br />5.4. Relocation and Displacement of Equipment. This MLA creates <br />no right in Licensee to receive any relocation assistance or payment for any reason <br />under the Relocation Assistance Act, the Uniform Relocation Assistance Act or <br />under any existing or future law upon any expiration or termination of this MLA or <br />any SLA. The previous sentence notwithstanding, Licensee fully releases and <br />discharges City from all and any manner of rights, demands, liabilities, obligations, <br />claims, or causes of action, in law or equity, of whatever kind or nature, whether <br />known or unknown, whether now existing or hereinafter arising, which arise from <br />or relate in any manner to the sale of any Municipal Facility, the full or partial <br />termination of Licensee's right to use any Municipal Facility as permitted under this <br />MLA, or the relocation of Licensee's Equipment or the relocation of any person or <br />REV: 12-15-2020 PR <br />ATTY/AGR.2020.296/Master License Agreement (Page 7 of 24) <br />104 <br />
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