1. Master License Agreement—Term and Provider Information;

2. Exhibit 1—Standard Terms and Conditions;

3. Exhibit 2—Network Boundary Diagram;

4. Exhibit 3—Fees and Use Rates;

5. Exhibit 4—Design and Concealment Guidelines;

6. Exhibit 5—Insurance and Indemnity Requirements;

7. Exhibit 6—Special Terms and Conditions;

8. Exhibit 7—Standby Irrevocable Letter of Credit Form and Agreement; and

9. Exhibit 8—Site License Forms.

1. A license is personal to the provider and, except as provided in the license, no transfer of a license or provider, or change of control over the same (including, but not limited to, transfer by forced or voluntary sale, merger, consolidation, receivership, or any other means), may occur without the City’s prior written consent, which consent will not be unreasonably withheld or delayed. To determine whether to consent to a transfer, the City may consider the same information and qualifications required of an original provider; if the provider is in compliance with its license and this chapter and, if not, the proposed transferee’s commitment to cure such noncompliance; if the transfer may result in an evasion of other applicable provisions of law, or impair lawful contracts; and the effect of the transfer on the City’s interests. No application for a transfer of a license will be granted unless the proposed transferee agrees in writing that it will abide by and accept all terms of this chapter, the license, and that the transferee will assume all obligations, liabilities, and responsibility for all acts and omissions, known and unknown, of the previous licensee under this chapter and the license for all purposes, including renewal. The City’s approval of a transfer of a license does not constitute a waiver or release of any of the rights of the City under this chapter or license, whether arising before or after the transfer date.

2. Each license is subject to the City’s police, regulatory, and other powers the City now possesses or may later obtain, and a license may not waive the application of the same.

3. Each license may be revoked if the provider fails to comply with the material terms and conditions of the license, or applicable Federal, State or local law. Provided, however, that a license may not be revoked unless the provider is given written notice of the default, and fails to cure the performance within 60 days of the notice. A license may be revoked without prior notice of default for provider’s intentional misconduct, violation of criminal law, or is part of a pattern of violations where the provider has notice and opportunity to cure. Provider may request a hearing before the City Manager, or designee, prior to the revocation of the license.

4. Any remedies available to the City are cumulative, and are not limited by the recovery of any amounts pursuant to the insurance provisions of the license, or pursuant to an indemnity clause, or pursuant to any fines and penalties per the executed license agreements. If the provider fails to pay amounts owed to the City by the time prescribed for payment, provider must pay interest on the amounts owed, at the rate of one percent per month.

5. Provider must produce books and records for the City’s inspection and copying, prepare reports, respond to questions and permit access to its facilities as the City requests.

6. Provider cannot install signage within local public right-of-way except as may be required for the safe use of the local public right-of-way by the City, provider, and others. Any safety signs must be in a form approved by the City and maintained by provider. Provider’s facilities located within the local public right-of-way must include an identification badge in a size and shape required by the City Manager and that includes licensee’s name, business address, telephone number, emergency contact information, identifies the location by general street address, global positioning system coordinates, and such other information as may be required by the City Manager. However, in no event will such signs or provider’s facilities contain any commercial message or speech.

7. Provider must at all times retain on call and available to the City by telephone an active, qualified, competent, and experienced person to supervise all provider’s activities within the local public right-of-way and operation of provider’s facilities, and who must be authorized to represent and act for provider in all emergencies and provider’s day-to-day operation within the local public right-of-way.

8. Each license issued under this chapter must include indemnity and insurance provisions and requirements as established by the City Manager.

9. Each license issued under this chapter must require a provider to furnish a standby irrevocable letter of credit under the terms and conditions established by the City Manager to secure provider’s obligations under the license and this chapter. (Ord. No. G-6407, 2018)