(a) Existing Utility Poles. Grantee may attach its Facilities to an existing utility pole pursuant to a properly executed agreement with the pole owner (City or third party), provided, however, that any necessary replacement of the pole in order to accommodate the attachment shall be subject to the proper exercise of the City’s police powers.

(b) New Poles and other City Facilities. Grantee may install new poles provided the poles comply with applicable City, state and federal specifications, and laws (“New Poles”). In areas where there are existing poles, Grantee will use commercially reasonable efforts to work with the owner of that existing pole to collocate a small cell facility or Advanced Wireless Facility but only when (i) the pole owner is willing to allow such attachment and (ii) such attachment is feasible from a safety, technical, and engineering (structural and radio frequency coverage) perspective and (iii) such attachment is commercially reasonable for Grantee’s business model, in Grantee’s sole discretion.

(c) City Use of New Poles. City may use any New Poles for City purposes, including but not limited to City utilities and operations so long as such use does not interfere with Grantee’s use of its Facilities from a safety, technical and engineering (structural and radio frequency coverage) and subject to Grantee’s approval not to be unreasonably withheld, conditioned or delayed. Grantee shall reasonably cooperate with the City when using the New Poles.

(d) Damage to New Poles. If a New Pole falls or is damaged such that there is an imminent threat of harm to persons or property, then City may cause the New Pole to be removed to the side of the street or a location that City believes reasonably eliminates the risk of such imminent threat of harm to persons or property. Grantee shall, after written notice from the City that any New Pole has been damaged or removed, cause the New Pole to be repaired or replaced within thirty (30) days after the City’s written notice. The cost to repair and/or replace any New Pole shall be paid by Grantee; provided, however, that if the New Pole is damaged or destroyed by the City or a third party user that the City has given the right to use the New Pole, then the City and/or its third party user shall pay the cost to repair and/or replace the New Pole. (Ord. 20044 § 5, 12-20-16.)