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Item 12 - Municipal Facilities License Agreement with Los Angeles SMSA
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Item 12 - Municipal Facilities License Agreement with Los Angeles SMSA
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12/3/2024 3:01:59 PM
Creation date
11/27/2024 10:57:01 AM
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City Clerk
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Agenda Packet
Agency
Public Works
Item #
12
Date
12/3/2024
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4.1.4 Unmetered electricity unless otherwise approved. Licensee shall be <br />solely responsible for obtaining and maintaining the provision of electricity to the Equipment, <br />including, but not limited to, making payments to electric utilities and installation of separate <br />electric meters, if necessary. Licensee shall secure unmetered electricity services and shall not <br />incorporate a meter box in its Equipment design unless otherwise approved by the Director of <br />Public Works or required by the servicing utility company, or if the same is existing at the current <br />Municipal Facilities at the time the Supplement is being entered into. <br />4.2 Additional Authority. Nothing in this Agreement shall limit in any way <br />Licensee's obligation to obtain any additional required regulatory approvals from any City <br />department, board or commission or other governmental agency that has regulatory authority over <br />the Licensee's proposed activities involving use of the Municipal Facilities in the ROW. <br />4.3 No Interference. Licensee acknowledges and agrees that the primary purpose of <br />the Municipal Facilities is to serve the Licensor and the public. Licensee in the performance and <br />exercise of its rights and obligations under this Agreement shall not interfere in any manner with <br />Licensor's own services or the existence and operation of any and all Public Rights -of -Way, <br />sanitary sewers, water mains, storm drains, gas mains, poles, aerial and underground electrical and <br />telephone wires, traffic signals, communication facilities owned by the Licensor, electroliers, cable <br />television, location monitoring services, public safety and other then existing telecommunications <br />equipment, utility, or municipal property, without the express written approval of the owner or <br />owners of the affected property or properties, except as permitted by applicable laws or this <br />Agreement. If such interference should occur, Licensee shall discontinue using the Equipment, <br />methodology or technology that causes the interference until such time as Licensee takes corrective <br />measures to eliminate such interference. In the event that such interference does not cease <br />promptly, Licensor agrees to work in good faith with Licensee to resolve any interference to or by <br />Licensee. <br />4.4 Default. In addition to any other remedies available hereunder, whenever Licensee <br />is in default of this Agreement or an applicable Supplement, after notice and applicable cure <br />periods, Licensor may deny further Supplement(s), encroachment, excavation or similar permits <br />for work in connection with modifications of existing Equipment under this Agreement until such <br />time as Licensee cures all of its defaults. <br />4.5 Compliance with Laws. Licensee shall comply with all applicable laws in the <br />exercise and performance of its rights and obligations under this Agreement. <br />4.6 Non -Exclusive Use Rights. Notwithstanding any other provision of this <br />Agreement, any and all rights expressly or impliedly granted to Licensee under this Agreement <br />shall be non-exclusive, and shall be subject and subordinate to (1) the continuing right of the <br />Licensor to use, and to allow any other person or persons to use, any and all parts of the ROW or <br />Municipal Facilities, exclusively or concurrently with any other person or persons, and (2) the <br />public easement for streets and any and all other deeds, easements, dedications, conditions, <br />covenants, restrictions, encumbrances and claims of title (collectively, "Encumbrances") which <br />may affect the ROW or Municipal Facilities now or at any time during the term of this Agreement, <br />including, without limitation any Encumbrances granted, created or allowed by the Licensor at any <br />Page 6 of 22 <br />190735027_1 <br />
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