07-26-2011 CC RPT 46 - Laserfiche WebLink

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POLE ATTACHMENT AND CONDUIT LICENSE On this 18th day of May, 2011 the CITY OF RIVERSIDE, a California charter city and municipal corporation hereinafter called "City" and Freedom Communications Inc hereinafter called "Licensee ", hereby agree that from and after the date hereof the following terms and conditions shall govern Licensee's use of any and all poles or conduits owned in whole or in part by City. This License applies to all attachments or occupations of Licensee's equipment as hereinafter defined. This is a pole attachment or conduit occupation only license and does not preclude City from requiring a franchise or other type of additional agreement in the future to the extent legally required. 1. Licensee's use of City's poles or conduits shall be confined to supporting those cables and wires together with associated messenger cables, guy wires, anchors and other appurtenances, all hereinafter called "equipment ", which City has given License prior written permission to install, and said equipment shall be used only for deployment of cables for wholesale dark fiber use Any and all of said equipment shall be located only on that portion of City's poles or within conduits normally used for communication facilities and not on that portion used for electrical transmission or distribution. This License covers the area within the limits of the City of Riverside. 2. Whenever Licensee shall desire to place equipment upon any of City's poles or within City's conduits, Licensee shall make written application for permission to do so, in the number of copies and in the form from time to time prescribed by City. If said application is approved, permission to place the equipment described in said application upon the pole or poles or within conduit or conduits therein identified within the time specified therein shall be granted by City by one copy of said application being signed by an employee designated by the Director of the Riverside Public Utilities Department, in the place provided thereon for that purpose and returning said signed copy to Licensee. If City fails to approve or deny the application in writing within forty - five (45) days after City receives a complete application and all required documents and materials, and if Licensee has paid all sums required herein and is not in default of any obligations under this License, then the application shall be deemed accepted. 3. Upon receiving the signed copy of the application but not before, and upon payment of the sums required herein, Licensee shall have the right to install, maintain and use its equipment 1 46 -3