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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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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 may terminate this Agreement or applicable Site Licenses, as follows: <br /> 30.2.1. Company, upon thirty(30)days notice at any time determines in its sole <br /> discretion that it desires to discontinue use of some or all of the City Poles for <br /> any reason whatsoever; provided, however, that if Company terminates this <br /> Agreement or a Site License Addendum pursuant to this Section 30.2.1, <br /> Company shall pay the City a sum equal to twelve(12)months' Rent for each <br /> terminated Site License Addendum and,pursuant to Section 33.1, any and all <br /> Rent that continues to accrue, or <br /> 30.2.2. The City breaches any material term or provision of this Agreement, subject <br /> to the cure period described in Section 31 below. <br /> 31. Cure <br /> Neither party shall be in default under this Agreement until thirty(30)days after receipt of <br /> written notice of default from the other; provided, however, where such default cannot <br /> reasonably be cured within thirty(30)days, the defaulting party shall not be in default if it <br /> commences to cure such default within said thirty (30) day period and diligently pursues <br /> cure to completion. <br /> 32. Relocation <br /> 32.1. Company understands and acknowledges that City may require Company to relocate, <br /> temporarily or permanently, one or more of its Site Equipment installations. <br /> Company shall at City's direction and upon sixty(60) days prior written notice to <br /> Company,relocate such Site Equipment at Company's sole cost and expense <br /> whenever City reasonably determines that the relocation is needed for any of the <br /> following purposes: (a)if required for the construction, modification, completion, <br /> repair, relocation, or maintenance of a City or other public agency project; (b) <br /> because the Site Equipment is interfering with or adversely affecting proper operation <br /> of City owned poles, traffic signals, communications, or other City Poles; (c) to <br /> protect or preserve the public health or safety; or(d) as described in Section 30. In <br /> any such case, City shall use reasonable efforts to afford Company a reasonably <br /> equivalent alternate location. If Company shall fail to relocate any Site Equipment as <br /> requested by the City in accordance with the foregoing provision, City shall be <br /> entitled to remove or relocate the Site Equipment at Company's sole cost and <br /> expense, without further notice to Company. Company shall pay to the City actual <br /> costs and expenses incurred by the City in performing any removal work and any <br /> storage of Company's property after removal within thirty(30)days of the date of a <br /> written demand for this payment from the City. The City will promptly inform <br /> Company of the displacement or removal of any City Facility on which any Site <br /> Equipment is located. <br /> 32.2. In the event Company desires to relocate any Site Equipment from one City Facility <br /> to another, Company shall so advise City and shall submit a Site License Addendum <br /> consistent with Section 27 for approval by City. <br /> New Cingular Wireless PCS,LLC 26 <br />
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