Laserfiche WebLink
REV: 10-28-2021 SK <br />regard to a specific Equipment installation, the form of which is attached hereto as <br />Exhibit A, each and every of which shall be subject to the terms and conditions of <br />this MLA. <br />2.TERM. <br />2.1. This MLA is effective on the Effective Date and will be for a term <br />of ten (10) years commencing on the Effective Date (“MLA Initial Term”), unless <br />earlier terminated by either Party in accordance with the provisions of Section 11. <br />At least one hundred eighty (180) days prior to the expiration of the MLA Initial <br />Term, Licensee or City may request that the Parties meet and confer with regard to <br />a five-year renewal or extension of this MLA (the “MLA Renewal Term”). The <br />MLA Initial Term and MLA Renewal Term, if applicable, are collectively referred <br />to herein as the “MLA Term.” <br />2.2. Unless otherwise specified in an SLA, the initial term for each <br />particular SLA shall begin on its effective date (“SLA Effective Date”), which <br />occurs upon approval of the SLA, and shall end upon the expiration of the MLA <br />Initial Term or MLA Renewal Term, unless such individual SLA is earlier <br />terminated or this MLA is extended or terminated, as provided for herein (the “SLA <br />Term”). All of the provisions of this MLA shall be in effect during the SLA Term. <br />The expiration or termination of this MLA shall immediately terminate all SLAs. <br />Any holding over after the expiration of the SLA Term shall constitute a default by <br />Licensee, notwithstanding that City may elect to accept one or more payments of <br />fees from Licensee after such default occurs. <br />3.LICENSE TO USE. The City grants a license to Licensee within certain <br />Public Rights-of-Way as described in the respective SLAs to be executed by the Parties, to <br />locate, place, attach, install, operate, maintain, control, remove, reattach, reinstall, relocate, <br />and replace Equipment on Municipal Facilities and within such Public Rights-of-Way. <br />Licensee may only use Municipal Facilities pursuant to an approved SLA. The terms and <br />conditions of the SLA shall govern and control in the event of a discrepancy or <br />inconsistency with the terms and conditions of this MLA. The Parties agree that, concurrent <br />with entering into this MLA, Licensee and City shall enter into an SLA for the existing <br />site. <br />3.1. All rights expressly granted to Licensee under this MLA, which will <br />be exercised at Licensee’s sole cost and expense, are subject to the prior and <br />continuing right of the City under applicable Laws to use all parts of the Public <br />Way exclusively or concurrently with any other person or entity. Use of the <br />Municipal Facilities is further subject to all deeds, easements, dedications, <br />conditions, covenants, restrictions, encumbrances, and claims of title of record as <br />of the respective Installation Date that may affect the Public Way. Nothing in this <br />MLA or any SLA may be deemed to grant, convey, create, or vest in Licensee a <br />real property interest in personal or real property owned by City, including any fee, <br />leasehold interest, or easement. No reference herein to a “Public Way” shall be <br />deemed to be a representation or warranty by City that its interest or other rights to <br />control the use of the Public Way is sufficient to permit its use for Licensee’s <br />purposes, and Licensee shall be deemed to gain only those rights to use as are <br />properly within City’s jurisdiction and as City may have the undisputed right and <br />power to give. <br />ATTY/AGR.2021.274/New CIngular Wireless/AT3 (Page 3 of 27)