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Agmt24 Verizon Wireless (2)
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Agmt24 Verizon Wireless (2)
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Last modified
6/12/2024 10:59:41 AM
Creation date
6/12/2024 10:58:33 AM
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Agreement
PROJECT NAME
Temporary Communication Site License Agreement
RMP File Number
304.5
Date
4/19/2024
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REV: 04-01-24 SK <br />1.8 Licensee’s right to use the Licensed Area is conditioned on obtaining and <br />maintaining all federal, state and local permits, certificates, licenses and approvals from all <br />applicable governmental or regulatory entities (“Governmental Approvals”). The Parties <br />acknowledge that Licensor, in executing this Temporary License, is acting only in its capacity as <br />the owner of the Property and not in any governmental capacity. Licensee shall not consider this <br />Temporary License as a Governmental Approval required for the construction or operation of a <br />wireless communications facility. <br />2. TERM. <br />2.1 The term of this Temporary License shall be one (1) year (the “Term”), <br />commencing on the first day of the month following the date Licensee commences installation of <br />the Licensed Area (the “Commencement Date”). Provided that Licensee is not then in monetary <br />default beyond any applicable notice and cure period of this Temporary License, Licensor may <br />extend this Temporary License for a one (1) six-month period. Licensee's license of the Licensed <br />Area during the six-month extension shall be on the same terms and conditions as set forth in this <br />Temporary License, including the License Fee as set forth in Section 3 below. <br />2.2 If Licensee fails to remove the Communications Equipment or otherwise remains <br />in possession of the Licensed Area beyond the period set forth in Section 6.6 below after <br />termination of this Temporary License or at the expiration of the Term of this Temporary License <br />without a written agreement, such possession shall be deemed a holdover use under the same terms <br />and conditions of this Temporary License, except that the License Fee shall be 150% of the License <br />Fee in effect at the expiration or termination of this Temporary License. Nothing contained herein <br />shall grant Licensee the right to holdover after the Term of this Temporary License has expired <br />and notwithstanding the payment of the License Fee during the holdover period, Licensor shall <br />have the right to require Licensee to vacate the Licensed Area at any time after the expiration of <br />the Term upon thirty (30) days written notice. <br />3. LICENSE FEES. <br />3.1 Commencing on the Commencement Date and continuing through the Term, <br />including any extension thereof, Licensee shall pay Licensor the sum of One Thousand and No/100 <br />Dollars ($1,000.00) (“License Fee”) per month, which monthly License Fee shall be paid in <br />advance and in full at the first of each month; provided, however, City acknowledges that Licensee <br />may not deliver the initial License Fee payment for sixty (60) days following the date of full <br />execution hereof. If this Temporary License is terminated prior to the completion of the Term or <br />any extension thereof, Licensor will not return any prepaid portion of the License Fee for that <br />month, provided, however, that if Licensor terminates this Temporary License pursuant to Section <br />9.2 below, or if this Temporary License is terminated by Licensee due to an uncured default by <br />Licensor, then any prepaid License Fee shall be apportioned as of the termination date and <br />reimbursed to Licensee. <br />3.2 For any party to whom rental payments are to be made, Licensor or any successor <br />in interest of Licensor hereby agrees to provide to Licensee (i) a completed, current version of <br />Internal Revenue Service Form W-9, or equivalent; (ii) complete and fully executed state and local <br />withholding forms if required; (iii) Licensee’s payment direction form, and (iv) other <br />ATTY/AGR.2024.045/Verizon Wireless (Temporary Wireless Communication Site) (Page 3 of 31)
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