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New Cingular Wireless PCS LLC 7/31/2018
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New Cingular Wireless PCS LLC 7/31/2018
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Entry Properties
Last modified
8/2/2018 10:32:32 AM
Creation date
8/2/2018 10:32:18 AM
Metadata
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Template:
Contracts
Contractor's Name
New Cingular Wireless PCS LLC
Approval Date
7/31/2018
Council Approval Date
7/25/2018
End Date
8/31/2028
Department
Facilities
Department Project Manager
Mike Palacios
Subject / Project Title
Use of City Facilities for Small Cell Sites
Tracking Number
0001347
Total Compensation
$5,000.00
Contract Type
Agreement
Contract Subtype
Use of Property
Retention Period
6 Years Then Destroy
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19. Destruction of or Damage to the City Poles or any Site Structures <br /> 19.1. If the City Poles or any structure on the City Poles is destroyed or damaged by fire or <br /> casualty so as to render the City Poles and/or Site Equipment unfit for use by the <br /> Company, and if in the reasonable judgment of the City, the damage cannot be <br /> repaired within ninety(90)days following the date of such damage, either party may <br /> terminate the applicable Site License Addendum upon written notice to the other <br /> party, whereupon the Site License Addendum shall terminate on the date of such <br /> notice and Company shall surrender the effected City Poles to the City within ninety <br /> (90)days. Within fifteen(15)days after such damage, City shall notify Company as <br /> to whether the City expects to complete such repair within ninety(90)days. If the <br /> City Poles are damaged by fire or casualty,but not rendered wholly unfit for use, <br /> Company may elect promptly to repair such damage to its Site Equipment. City shall <br /> not be liable to Company for any direct or indirect or consequential damages <br /> including but not limited to inconvenience, annoyance, or loss of profits, nor for any <br /> expenses, or any other damage resulting from the repair of such damage. Further, <br /> City shall not be responsible for any repair, modification, arranging, or rearranging of <br /> any portion of the City Poles or for the termination of the Site License Addendum as <br /> provided herein, unless the damage was caused by the willful misconduct or gross <br /> negligence of the City. <br /> 19.2. In the event the City Poles are rebuilt and/or repaired as outlined above, Company <br /> may request that the City authorize the placement of temporary Site Equipment at a <br /> temporary location on another City Pole, which shall be approved at the City's sole <br /> discretion. If an area is approved by both the City and Company, Company may <br /> construct, operate and maintain a substitute Small Cell facility thereon until the Site <br /> Equipment is fully restored and operational. During the use of the temporary <br /> location, Rent shall continue and be payable to the City. <br /> 20. Condemnation <br /> If all or any portion of the City Poles is needed, taken, or condemned for any public purpose such that <br /> the Company cannot use its Site Equipment on the City Poles, either party may terminate this <br /> Agreement or the applicable Site License Addendum. All proceeds from any taking or condemnation <br /> of the Site or City Poles shall belong and be paid to the City. Company shall have all the rights to its <br /> Site Equipment and personal property, which shall not be included in any taking or condemnation. <br /> 21. Insurance <br /> 21.1. At Company's sole cost and expense, Company shall maintain throughout the term of <br /> this Agreement insurance as set forth in Exhibit E, attached hereto and incorporated <br /> herein. <br /> 21.2. The City may require increases in said coverage once per term by written notice to <br /> Company, as the City deems reasonably necessary. <br /> New Cingular Wireless PCS,LLC 16 <br />
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