Agmt21 Cingular_ATT Small Cell - Laserfiche WebLink

Browse Search

REV: 10-28-2021 SK 5.1.Obtaining Required Permits. Notwithstanding the provisions of Sections 3.1 and 5.2, Licensee acknowledges that each installation of Equipment shall also be subject to then-current City permitting requirements, including but not limited to the then-current Design Standards per Section 5.3 below, as set out in the Redwood City Code. Licensee agrees to comply with all applicable Laws. 5.2.Applications for SLAs. The proposed locations of Licensee’s planned initial installation of Equipment for new SLAs will be provided to the City promptly after Licensee’s review of available Municipal Facilities maps and prior to any deployment of the Equipment. Prior to installation of the Equipment in or on any Municipal Facility, Licensee must obtain the City’s prior written approval in the form of an SLA. Licensee will submit an application to the authorized representative of the City for an SLA showing the proposed design for any proposed installations including Equipment in or on Municipal Facilities, which Licensee desires to use. The City may approve, approve with conditions, or disapprove a location and installation, in its sole discretion. Any approved Equipment shall be included as part of an applicable SLA. If Licensee selects a Municipal Facility that is inadequate (structurally or otherwise) to accommodate Equipment, Licensee may request to replace the Municipal Facility at its sole cost and expense with one that is acceptable to and approved by the City as part of the SLA, and dedicate such Municipal Facility replacement to City. Upon the completion of each installation, Licensee must promptly furnish to the City a current list and map that identifies the exact location of the Equipment in or on the Municipal Facility. That information must be provided in a format that is compatible with City’s information technology, including but not limited to ESRI compatible GIS shapefiles. Licensee may replace its approved Equipment with like-kind, similar Equipment that complies with the then-current Design Standards per Section 5.3 below, without prior written approval of City hereunder (though Licensee must still comply with any and all applicable Laws which require a regulatory approval). Such like-kind, similar equipment shall, without limitation, serve a substantially equivalent function, be the same or smaller in size, be the same or fewer number of antennas approved by the City, and present a substantially similar appearance to the equipment it replaces. 5.3.Design Standards. The Equipment and any subsequent modifications to or replacement of the Equipment, regardless of whether the modified or replacement equipment is “like-kind” or similar, and any Replacement Facility shall comply with the then-current design standards set forth in City’s resolution establishing aesthetic standards for wireless facilities in the public rights- of-way, or any applicable successor provision(s). All future SLAs, SLA renewals, and modifications to or replacement of existing Equipment for any reason whatsoever shall be subject to then-current design standards in the City of Redwood Municipal Code. By entering into this Agreement, Licensee agrees that the current design standards required by this Section are technically feasible and reasonably directed at accomplishing the aesthetic goals of City. 5.4.Relocation and Displacement of Equipment. This MLA creates no right in Licensee to receive any relocation assistance or payment for any reason under the Relocation Assistance Act, the Uniform Relocation Assistance Act or under any existing or future law upon any expiration or termination of this MLA or any SLA. The previous sentence notwithstanding, Licensee fully releases and discharges City from all and any manner of rights, demands, liabilities, obligations, ATTY/AGR.2021.274/New CIngular Wireless/AT7 (Page 7 of 27)