LICENSE AGREEMENT TO ATTACH, INSTALL, OPERATE, AND MAINTAIN
This License Agreement ("Agreement" or “License Agreement”), dated as of , 201_ (“Effective Date”) is issued by the CITY OF XXXXXX, a municipal corporation, (“City” or “XXXXXX” or "Licensor") to [ENTITY NAME] , [INSERT ENTITY TYPE] (“Licensee”). Licensor and Licensee are sometimes individually referred to as a “Party” and collectively as the “Parties.” Except as indicated otherwise, all references to Licensor include its elected officials, officers, directors, employees, agents, and voluntee$ Except as indicated otherwise, all references to Licensee include its personnel, employees, agents, and subcontracto$
RECITALS
WHEREAS, Licensor is the owner of certain City-owned Light Poles (as defined below) in the City of ________________, State of __________; and WHEREAS, Licensee seeks to install, operate, and maintain certain antenna and accessory equipment on certain City-owned Light Poles for receiving and/or transmitting voice, data, image, graphic, or video programming information by wire, cable, fiber optics, laser, microwave, antenna, radio, satellite transmission, or other similar mediums, with or without the benefit of any closed transmission medium for Licensee's customers (“Telecommunications Services”); and WHEREAS, subject to the terms and conditions of this Agreement, the City is willing to allow Licensee's use of City-owned Light Poles for the Licensee Facilities (as defined below). NOW, THEREFORE, for good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, this License Agreement is issued under the following covenants, terms, and conditions:
1. Definitions.
1.1. “Agency” means any governmental agency or quasi-governmental agency other than the City, including the FCC and the PUC.
1.2. "Antenna" or "Antennas" means the antenna portion of a Licensee Facility.
1.3. “City” or “__________” means the City of __________, a municipal corporation and charter city, located in ___________.
1.4. “Commencement Date” means the first day of the month following the month in which (a) XXXXXX issues the Notice to Proceed to Licensee for the installation of the Licensee Facilities on a City-owned Light Pole; and (b) a Supplement is fully executed by the Parties.
1.5. “Completion of Work” means Licensee’s completion of all installations per the Site Plan, restoration of all disturbed surfaces to applicable standards, site clean-up, and submittal of as-built plans and City inspector approvals to the City.
1.6. “Emergency Condition” or “Emergency Situation” means any condition, as reported by Licensee or determined by XXXXXX that constitutes an unsafe condition or threat to persons or property and/or adversely affects the integrity or operability of the City-owned Light Pole where the Licensee Facilities are mounted.
1.7. “FCC” means the Federal Communications Commission or successor entity.
1.8. “Fee” means any assessment, license, charge, fee, imposition, real or personal property tax (but excluding any utility users tax or franchise fees), possessory interest tax, or levy of general application to Persons doing business in the City lawfully imposed by the City, any Agency or governmental body.
1.9. “Laws” means any and all applicable judicial decisions, statutes, constitutions, ordinances, resolutions, regulations, rules, tariffs, administrative orders, certificates, orders, or other requirements of the City or other Agency having joint or several jurisdiction over the parties to this License Agreement, in effect either at the time of execution of this Agreement or at any time during the Term of this Agreement.
1.10. “Licensee” means the Licensee as defined above and its lawful successors, assigns, and transferees.
1.11. "Licensee Facility" or "Licensee Facilities" means Licensee owned and operated Antennas, equipment enclosure and cabling for providing Telecommunication Services on those City-owned Street Light Poles set forth in a
