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Item 12 - Ground License Agreement for Wireless Telecommunications Facilities
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03/18/2025
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Item 12 - Ground License Agreement for Wireless Telecommunications Facilities
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5/21/2025 5:47:27 PM
Creation date
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City Clerk
Doc Type
Agenda Packet
Agency
Public Works
Item #
12
Date
3/18/2025
Destruction Year
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In the event of any interference with LICENSOR's public safety communications <br />operations, LICENSEE shall have twenty-four (24) hours after receipt of notice to <br />cure the interference, and if LICENSEE fails to do so, LICENSOR has the right to <br />require that LICENSEE cease operating LICENSEE's Facilities (except for <br />intermittent testing to determine the source of the interference) until LICENSEE is <br />able to recommence operations without causing such interference. If LICENSEE's <br />Facilities interfere with LICENSOR's public safety communications operations <br />during an emergency, LICENSOR may require that LICENSEE immediately cease <br />operating LICENSEE's Facilities and if LICENSEE fails to do so, LICENSOR has <br />the right to shut down the electricity supply to LICENSEE's Facilities. LICENSEE <br />shall reimburse LICENSOR for any actual, reasonable costs that LICENSOR <br />incurs to cure any interference with LICENSOR's public safety communications <br />operations caused by LICENSEE's Facilities. <br />18. REMOVAL UPON TERMINATION. LICENSEE, upon expiration or earlier termination <br />of the Agreement, shall, within ninety (90) days, remove all of LICENSEE's fixtures and all <br />personal property and otherwise restore the Premises substantially to its original condition, at <br />LICENSEE's sole expense, reasonable wear and tear, and casualty excepted, including but <br />not limited to, removing of any foundations to a depth of four (4) feet. LICENSOR agrees <br />and acknowledges that all of the equipment, fixtures and personal property of LICENSEE <br />shall remain the personal property of LICENSEE and LICENSEE shall have the right to <br />remove the same, whether or not said items are considered fixtures and attachments to real <br />property under applicable law. Antenna support structure, all utilities, cabling, wiring, <br />underground conduits, foundations and equipment/storage buildings may remain at <br />LICENSOR's sole option. <br />19. QUIET ENJOYMENT. LICENSOR covenants that LICENSEE, on paying the License <br />Fee and performing the covenants shall peaceably and quietly have, hold and enjoy the <br />Premises, provided however, that LICENSOR shall have the right and privilege to conduct <br />City Business on the Property, as necessary. "City Business" shall include, but not be <br />limited to the following: minor maintenance, minor landscaping, minor construction, <br />concessionaires, and City -sponsored events, located near the Premises, so long as the City <br />Business does not interfere with or impair the operation of LICENSEE's Facilities. <br />20. TITLE. LICENSOR covenants that LICENSOR possesses good and sufficient title and <br />interest to the Property and has full authority to enter into and execute this Agreement. <br />LICENSOR further covenants that there are no other liens, judgments or impediments of title <br />on the Property or affecting LICENSOR's title to the same and that there are no covenants, <br />easements or restrictions that prevent the use of the Premises by LICENSEE as set forth <br />above. <br />21. NO LIENS. LICENSEE shall not permit any mechanics' or materialmen's liens on the <br />Property for any labor or material furnished to LICENSEE in connection with work <br />performed. LICENSEE shall have the right to contest the validity, nature, or amount of any <br />such lien but, upon the final determination of such questions, shall immediately pay any <br />adverse judgment rendered with all proper costs and charges and have the lien released at its <br />Page 11 of 107 <br />
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