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HomeMy WebLinkAboutCellco Partnership dba Verizon Wireless - Reservoir Site Desert Plateau DrDUE DILIGENCE LICENSE AGREEMENT (COMMUNICATIONS SITE) The City of Pasco, Washington, as Licensor, in and for consideration of payment of $1,400.00, hereby grants to Cellco Partnership d/b /a Verizon Wireless, the Licensee, designated below, a license for a period of 360 days from the date of this Agreement ( "Due Diligence Period ") within which to inspect that premises generally known as City of Pasco 10MG Reservoir Site on Desert Plateau Drive . Licensee shall only be permitted to enter upon the premises for the limited purpose of making appropriate engineering and location surveys, inspections and other reasonably necessary investigations, as well as signal, topographical, structural, and environmental tests that Licensee may deem necessary to determine the feasibility of the premises for use as a communications site. Licensee, at its sole cost, shall repair or replace any City property damaged, altered, or destroyed by Licensee, and restore the premises to its original condition or better. hi the event, Licensee determines, during the Due Diligence Period, that the premises is not appropriate for Licensee's intended use, or if for any reason Licensee decides not to conduct its due diligence upon the premises, the Licensee shall then have the right to terminate this Agreement without penalty upon written notice to the City at any time prior to the expiration of the Due Diligence Period. The City and Licensee expressly acknowledge and agree that Licensee's access to the premises during the Due Diligence Period shall be solely for the limited purpose of performing the investigations described above, and with the exception of Licensor's willful misconduct or negligence, Licensee shall be solely responsible for the conduct of its agents, employees, subcontractors, and officers thereon to ensure no damage or interference with the City, or other City Licensees upon the premises, and shall defend, indemnify and hold City harmless from and against all claims, injuries, damages, causes of action, and any assessments or penalties of whatsoever nature resulting from the Licensee's acts or omissions upon the premises. The City shall provide Licensee, Licensee's employees, agents, contractors, and subcontractors access to the premises. The City shall permit a nonexclusive right of entry for pedestrians and vehicle ingress and egress upon 24 -hours advanced notice during the regular work week. The Licensee shall be permitted access to the premises only upon compliance with the Home Land Security Regulations applicable to the facility, including escort and supervision with TRI SAHARA - Due Diligence License Agreement (Communications Site) - 1 DWT 2345290ov3 0052051- 000032 C) s3 the security area. Licensee shall pay any additional costs incurred by the City for any overtime other than the normal, 8:OOAM to 5:OOPM, Monday through Friday, working hours of the City. Dated this / day of / A( ( , 201 q . CITY OF PASCO, WASHINGTON Public Works/Engineering LICENSEE: Celleo Partnership d/b /a Verizon Wireless By: G2 Jim Wales Exec Director Network Eng &Ops, Date: NET - Regional Director Address: One Verizon Way Mail Stop 4AW 100 Basking Ridge, New Jersey 07920 Telephone number: (866) 862 -4404 TRI SAHARA - Due Diligence License Agreement (Communications Site) - 2 DWT 23452900x3 0052051- 000032