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2023/12/13 Council Agenda Packet
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2023/12/13 Council Agenda Packet
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12/14/2023 8:51:43 AM
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12/13/2023 5:03:11 PM
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Council Agenda Packet
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12/13/2023
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<br />-9- <br /> <br /> <br />granting of the permit for each attachment to the beginning of the next semi-annual billing <br />period. Said interim charges shall be payable in advance at the time the permit application <br />is filed for the remainder of the current six (6) month period. <br /> <br /> <br /> <br />3.02 Licensor’s Right to Change Amount <br /> <br />Licensor may from time to time increase or decrease the attachment fees set forth in the <br />Licensor’s Joint Use Schedule hereto upon at least six (6) months written notice to Licensee <br />and in accordance with applicable state and federal law. Such increase or decrease in fees <br />shall take effect on the date specified in such notice or such other later time as determined <br />by the District Board of Commissioners. Licensee shall have ninety (90) days from the <br />date of the written notice to provide written comments to the District concerning any <br />proposed fee increase or decrease. If such changes are not acceptable to Licensee, Licensee <br />may terminate this Agreement as hereinafter provided. <br /> <br />3.03 Refund <br /> <br />In the event the Licensor cancels any permit or permits for reason other than the Licensee’s <br />default, the Licensee shall be entitled to a refund for each full month remaining in the <br />period for which rental has been paid. <br /> <br />IV. PERMIT ATTACHMENTS <br /> <br />4.01 Permission from Other Authority <br /> <br />Before attaching any Equipment to the Licensor’s poles, Licensee shall secure any <br />necessary licenses, franchises, permissions or consents from federal, state or municipal <br />authorities and shall secure any necessary easements from the owners of any property <br />required for the construction and maintenance of Licensee’s Equipment at the locations of <br />the poles of the Licensor to which it desires t o attach. Upon request from Licensor, <br />Licensee shall provide a copy of any such license, franchise, permit, consent and/or <br />easement. <br /> <br /> (a) Existing Easements. Licensee understands that Licensor’s existing <br />easements rights may not include the rights necessary for Licensee to attach its Equipment <br />at the locations of the poles of the Licensor to which it desires to attach. In that event, it <br />shall be the responsibility of Licensee to secure the necessary rights for Licensee to attach <br />its Equipment to said poles. <br /> <br /> (b) Future Easements. In the event Licensor elects to procure easement rights <br />for its poles and facilities, Licensor will seek rights which cover the poles and facilities of <br />Licensor only. <br /> <br />4.02 Specifications and Standards <br />
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