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INSURAI,it- ; ; ILE <br />WORK MAY ir;OEED <br />UNTIL INSURANCE EXPIRES <br />4,/i /2 I <br />CLERK OF COUNCIL <br />DATE: :?-tS/2v <br />A-2020-117 <br />O. PWAb,(U„ svh-,n'\ NICIPAL FACILITIES LICENSE AGREEMENT <br />� IS MUNICIPAL FACILITIES LICENSE AGREEMENT (the "Agreement") is dated <br />as of U , 2020 (the date fully executed by all parties, referred to herein as <br />"Effective Da "), and entered into by and between the City of Santa Ana, a California municipal <br />corporation (the "Licensor"), and New Cingular Wireless PCS, LLC, a Delaware limited liability <br />00 company ("Licensee"). <br />0 <br />—J Recitals <br />�a <br />A. WHEREAS, the Licensor is the owner of certain Municipal Facilities (as defined <br />in Section 1.7, below) located in the Public Rights -of -Way (as defined in Section 1.5 below) of <br />the City of Santa Ana, California ("City"); and <br />B. WHEREAS, Licensee is authorized to conduct business as a telephone corporation <br />or wireless carrier in the State of California; and <br />C. WHEREAS, Licensee desires to use space on certain of the Licensor's Municipal <br />Facilities in the Public Rights -of -Way for construction, operation and maintenance of its <br />Equipment (as defined in Section 1.1, below); and <br />D. WHEREAS, Licensor is willing to allow Licensee to use and physically occupy <br />portions of the Municipal Facilities for its Equipment in the Public Rights -of -Way subject to the <br />terms and conditions of this Agreement. <br />Agreement <br />NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of <br />which are hereby acknowledged, the parties agree to the following covenants, terms, and <br />conditions: <br />1. DEFnvrr[oNs. The following definitions shall apply generally to the provisions of this <br />Agreement: <br />1.1 "Equipment" means the antennas, equipment, utilities and fiber optic cables, wires, <br />and related equipment, whether referred to individually or collectively, to be installed on a <br />Municipal Facility and operated by Licensee under a particular Supplement. <br />1.2 "Hazardous Substance" means any substance, chemical or waste that is identified <br />as hazardous or toxic in any applicable federal, state or local law or regulation, including, but not <br />limited to, petroleum products and asbestos. . <br />1.3 "Services" means the transmission and reception of communications signals for the <br />provision of personal wireless services and mobile data services, and the installation, construction, <br />modification, maintenance, operation, repair, replacement and upgrade of the Equipment to <br />provide such services. <br />Page 3 of 23 <br />