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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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Company, for itself, its successors, and assigns as a part of the consideration hereof, does hereby <br /> covenant and agree to comply with all civil rights and anti-discrimination requirements of federal,state <br /> or local laws applicable to the City Poles, including, without limitation, Chapter 49.60 RCW and Title <br /> 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the <br /> Secretary, Part 21, Nondiscrimination in Federally assisted programs of the U.S. Department of <br /> Transportation---Effectuation of Title VI of the Civil Rights Act of 1964, and as said regulations may <br /> be amended. In the event of breach of any of the above nondiscrimination covenants, the City shall <br /> have the right to terminate the Agreement and to re-enter and repossess the City Poles, and hold the <br /> same as if said Agreement had never been made or issued. <br /> 25. Stop Work <br /> If Company defaults in the performance or observation of any covenant or agreement contained in this <br /> Agreement,the City,without notice if deemed by the City that an emergency exists,or if no emergency, <br /> with thirty(30)days'notice, may direct Company to stop work and may itself perform or cause to be <br /> performed such covenant or agreement and may enter upon the City Poles for such purpose. Such an <br /> emergency shall include, but not be limited to, endangerment of life, the City Poles or rights of way, <br /> or failure of Company to obtain in a timely manner any insurance. Company shall reimburse the City <br /> the entire cost and expense of such performance by the City within thirty (30) days of the date of the <br /> City's invoice. Any act or thing done by the City under the provisions of this Section 25 shall not be <br /> construed as a waiver of any agreement or condition herein contained or the performance thereof. <br /> 26. Equipment Modification <br /> If at any time during the term of this Agreement, the City and Company agree that technology has <br /> changed such that modifications to or replacement of the Site Equipment would result in better <br /> communication facilities for the Company, less interference with other communications facilities on <br /> the City Poles, or less physically or aesthetically obtrusive equipment, the parties shall make every <br /> reasonable effort to cooperate to effectuate such modifications or replacement and shall amend Exhibit <br /> A accordingly. <br /> 27. Prerequisites for Approval. Company acknowledges the following: <br /> 27.1. City Council review and approval is required prior to the City entering into this <br /> Agreement. <br /> 27.2. The Mayor authorizes the director of public works to execute Site License <br /> Addendums consistent with this Agreement. <br /> 27.3. A fully executed Site License Addendum between the City and Company, and any <br /> required Governmental Approvals are required prior to construction or installation of <br /> the Site Equipment on the City Poles. <br /> 27.4. The execution of this Agreement by the City shall in no way constitute review and/or <br /> approval by other applicable jurisdictions and permitting authorities, including other <br /> City Departments. <br /> 27.5. The City requires the Company to obtain a telecommunications franchise from the <br /> City prior to the execution of this Agreement by the City. <br /> New Cingular Wireless PCS,LLC 20 <br />
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