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NCWPCS MPL 30 - YEAR SITES TOWER HOLDINGS LLC (CCATT LLC)
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NCWPCS MPL 30 - YEAR SITES TOWER HOLDINGS LLC (CCATT LLC)
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Last modified
5/30/2025 12:48:22 PM
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5/30/2025 12:48:13 PM
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Contracts
Company Name
NCWPCS MPL 30 - YEAR SITES TOWER HOLDINGS LLC (CCATT LLC)
Contract #
A-2025-027
Agency
Public Works
Council Approval Date
3/18/2025
Expiration Date
3/31/2028
Insurance Exp Date
4/1/2026
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26. ATTORNEY'S FEES. The prevailing party in any legal action or lawsuit arising hereunder <br /> shall be entitled to its reasonable attorneys' fees and court costs, including appeals, if any. <br /> 27. ASSIGNMENT. LICENSEE shall not assign or transfer this Agreement without the prior <br /> written consent of LICENSOR, which consent solely at LICENSOR'S discretion. Subsequent <br /> documents requiring approval including assignments, and sublicenses require an <br /> Administrative Fee as prescribed in Section 7 to cover cost of review. Provided, however,that <br /> LICENSEE shall have the right to assign its rights under this Agreement,to any of <br /> LICENSEE's (i)partners,parents, subsidiaries, affiliates, or successor legal entities, (ii) in <br /> connection with the sale, exchange, or other transfer of LICENSEE's FCC authorization for <br /> the geographic area in which the Premises are located or of majority of LICENSEE's network <br /> assets in the geographic area where the Premises are located, or(iii) in connection with any <br /> financing, loan, security interest, pledge, or mortgage of LICENSEE's property with written <br /> notice to LICENSOR as prescribed in Section 29 of this Agreement. Such notice shall be given <br /> thirty(30) days prior to any assignment.No Administrative Fee is required for assignments <br /> between parties listed in(i-iii) above. <br /> 28. COLOCATION. LICENSEE acknowledges and agrees that the City policy is to provide for <br /> colocation on telecommunications tower facilities and will reasonably facilitate any colocation <br /> subject to the conditions outlined in this Agreement. LICENSEE further agrees that <br /> LICENSOR shall retain ownership of any further lease rights with respect to space for <br /> additional telecommunications facilities on the Property, other than the Premises which is <br /> already licensed to LICENSEE. <br /> A. LICENSEE—COLOCATOR Colocation Agreement: LICENSEE shall enter into a <br /> sublicense, or similar form of occupancy,subject to all permits and approvals from all <br /> governmental agencies having jurisdiction,with a future tower colocation user who wishes <br /> to collocate/sublease space on LICENSEE's tower, subject to: <br /> 1) LICENSOR shall receive fee of fifty percent(50%) of the Tower Rent, as defined <br /> below, received by LICENSEE (the "Additional License Fee"). <br /> a. LICENSEE is required to self-report to LICENSOR when their Tower Rent <br /> from any source increases. <br /> b. To ensure accurate calculation and payment of the Additional License Fee, once <br /> per calendar year, LICENSOR may submit a written request to LICENSEE for a <br /> business summary report pertaining to LICENSEE's sublicensee rent obligations <br /> for the cellular tower("Tower Rent")that is the subject of this Agreement for <br /> the prior twelve (12)month period, and LICENSEE shall provide such written <br /> report to LICENSOR within sixty (60) days after LICENSEE's receipt of such <br /> written request. LICENSOR shall send such written request to the Notice <br /> address set forth in Section 29 of this Agreement. <br /> c. In the event that LICENSEE does not provide a business summary, as described <br /> in Section 28(a)(1), within sixty(60) days, or such business summary is not <br /> Page 13 of 67 <br />
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