11-25-2019 Council Packet - Laserfiche WebLink

Home Browse Search

through, over, and under other properties owned or controlled by Lessor necessary for Lessee to operate its communications facility, provided the location of those utilities, cable, and fiber shall be as reasonably designated by Lessor. Lessor's approval shall not be unreasonably withheld. 2. PLANS AND DRAWINGS. Before receiving approval from Lessor to install a Small Wireless Facility on Lessor's Wireless Support Structures in public rights-of-way, Lessee shall submit to the Director of Public Works or the Director's designee, detailed construction plans and drawings for each individual location, together with maps, showing specifically the Wireless Support Structures to be used, the number and character of the attachments to be placed on such Wireless Support Structures, equipment necessary for the use, proposed replacement of existing Wireless Support Structures and any new installations for transmission conduit, pull boxes, and related appurtenances. The Director or the Director's designee shall determine, within the ninety (90) day time frame imposed by Minnesota Statutes, Sections 237.162-.163, whether to give Lessee permission to proceed with the work as proposed by Lessee. As required by Minnesota Statutes, Sections 237.162-.163, if the ninety (90) day time frame expires without rejection by the Director of Public Works or the Director's designee, Lessee's submission shall be deemed approved. Lessee shall perform all work at its own expense and make attachments in such manner as to not interfere with the services of Lessor. This Agreement is not intended to in any way limit or waive either Party's present or future rights under applicable state and federal law. 3. CONDITION OF PROPERTY; ENGINEERING STUDY. Any expenses necessary to make the Premises ready for Lessee's construction of its improvements shall be the responsibility of Lessee. Lessee must obtain and submit to Lessor a structural engineering study carried out by a qualified structural engineer showing the Wireless Support Structure and foundation is able to support the proposed Small Wireless Facility. Lessor makes no warranties or representations, express or implied, including warranties of merchantability or fitness for a particular use, except those expressly set forth in this Agreement. 4. USE OF PUBLIC RIGHTS-OF-WAY. A. Lessor hereby grants to Lessee the right to use the municipal public right-of-way for the installation, maintenance and operation of Lessee's communications equipment in and on the Wireless Support Structure located within the public right-of-way. B. All communications equipment shall be installed in accordance with applicable Laws (as hereinafter defined) and Lessee shall comply with all applicable laws, ordinances, rules and regulations adopted by Lessor. Within the public rights-of-way, the location of the communications equipment shall be subject to the reasonable and proper regulation, direction and control of the Lessor, or the official to whom such duties have been delegated by Lessor. Lessee shall have no ownership interest in any Wireless Support Structure owned by Lessor. C. Lessee and its authorized contractors shall give Lessor reasonable notice of the dates, location, and nature of all work to be performed on its communications equipment within the public rights-of-way. This Agreement shall allow Lessee to perform all work on Lessee's communications equipment within the public rights-of-way, and to park vehicles in the streets City of Orono, Minnesota Small Wireless Facility Collocation Agreement 3 48063050