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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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Last modified
12/3/2024 3:01:59 PM
Creation date
11/27/2024 10:57:01 AM
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City Clerk
Doc Type
Agenda Packet
Agency
Public Works
Item #
12
Date
12/3/2024
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MUNICIPAL FACILITIES LICENSE AGREEMENT <br />THIS MUNICIPAL FACILITIES LICENSE AGREEMENT (the "Agreement") is dated <br />as of December 3 , 2024 (the date fully executed by all parties, referred to herein as <br />"Effective Date"), and entered into by and between the City of Santa Ana, a California municipal <br />corporation (the "Licensor" or "City"), and Los Angeles SMSA Limited Partnership, dba Verizon <br />Wireless, a California limited partnership ("Licensee"). <br />Recitals <br />A. WHEREAS, the Licensor is the owner of certain Municipal Facilities (as defined <br />in Section 1.6, below) located in the Public Rights -of -Way (as defined in Section 1.8 below) of <br />the City of Santa Ana, California; 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 modification, 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. DEFINITIONS. The following definitions shall apply generally to the provisions of this <br />Agreement: <br />1.1 "Equipment" means antennas, equipment, utilities and fiber optic cables, wires, and <br />related equipment, whether referred to individually or collectively, that are currently existing or <br />proposed to be modified on a Municipal Facility and operated by Licensee under a particular <br />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, telecommunications services and mobile data services as <br />defined in federal law, but specifically excluding cable services and/or video services as defined <br />by the Digital Infrastructure and Video Competition Act (as codified in Public Utilities Code <br />section 5800 et seq.). <br />Page 3 of 22 <br />I90735027_1 <br />
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