SPRINT LICENSE AGREEMENT.PDF

FIBER OPTICS COMMUNICATION SYSTEM
LICENSE ISSUED TO
SPRINT COMMUNICATIONS COMPANY L.P.
TI-ITS LICENSE, issued by Maricopa County (hereinafter called “Licenser” or “County”),
a municipal corporation, to SPRINT COMMUNICATIONS COMPANY L.P. (hereinafter
called Licensee), a Delaware limited partnership.
WHEREAS, Licensee has previously received permission from the County to use certain
streets and public ways to construct, install, operate, maintain and upgrade the system then in place,
a Fiber Optics Communication System under, in, along, over and across certain streets and public
ways in the County pursuant to a Fiber Optics Communication System License executed January
17, 2001 (“existing License”), between Licensor and Licensee; and
WHEREAS. Licensee desires to continue to use certain streets and public ways of the
County for the purposes stated above, subject to the requirements of this License; and
WHEREAS, it is necessary in the public interest that all uses within the right of way for
public roads, streets and alleys by individuals, corporations and political subdivisions be regulated
and controlled so that said public roads, streets and alleys may be effectively utilized and
maintained for their primary purposes as public vays and
WHEREAS, the laws of the State of Arizona authorize the Board of Supervisors of
Maricopa County to control and manage said public roads, streets, and alleys within Maricopa
County.
NOW, THEREFORE, the Licensor hereby grants to Licensee this License.
SECTION 1. Permission Granted.
A.!
Subject to the provisions contained herein, and to the ordinance and resolution of
the County of Marieopa, Arizona State Statutes and the Constitution of the State of Arizona, the
County hereby grants to Licensee the nonexclusive, revocable license, right and privilege to
construct, install, operate. maintain, and upgrade the system then in place. (as shown on Exhibit
A). a Fiber Optics Communication System in, under. along, over, and across streets and public
ways, in the County.
The permission granted is also subject to the applicable provisions of
Maricopa County resolution and ordinances and any amendments thereto. The permission granted
herein to Licensee shall hereinafter be referred to as “this License.” As used herein the term “streets
and public ways” means the surface of and the space above and below any public street, sidewalk,
right-of-ways, alley, right-of-way easements. or other public way of any type whatsoever.
Licensee may construct, install, upgrade and operate and make additions to its Fiber Optics
Communication System in County right—of—way other than that shown on Exhibit A with the
written consent of the County Engineer, which consent will not be unreasonably withheld,
AtD’• l(p%9

conditioned or delayed and without ftirther approval of the Board of Supervisors.
Any such
additions shall be at all times governed by the terms and conditions of this License. In the event
the Licensee makes additions, an amended Exhibit A shall be produced by the Licensee.
A.2
For purposes of this License. “Fiber Optics Communications System” means an
interstate network of fiber optic cables and all related property including conduit, carrier pipe,
cable fibers, repeaters, power sources and other attachments and appurtenances necessary for
transmitting high speed voice, data and (for such applications as teleconferencing) video signals
in connection with Licensee’s telecommunications services. The authority granted by this License
to use the strccts and public ways does not authorize the use of the Fiber Optics Communication
System or fiber optic cable for operating a cable television system, a cable system or authorize the
Licensee to operate as a cable operator as those terms arc defined in the Communications Act of
1934 as amended, state law, or the County code. The authority granted by this License does not
authorize the use of the streets and public ways for an open video system as defined in the
Communications Act of 1996 or as defined or authorized by the FCC.
B. I
If it is necessary for the Licensee to comply with any law or regulation of the
Federal Communications Commission or the Arizona Corporation Commission to engage in
business activities associated with use of the streets and public ways for a Fiber Optics
Communication System, the Licensee shall comply with such laws or regulations as a condition
precedent to exercising any rights granted by this License.
SECTION 2. General Conditions
A. I
The Licensee has represented to the County that the Fiber Optics Communication
System authorized herein comes within the meaning of “interstate network of fiber optics cables
and all related property”. The Licensee’s position is based in part on Licensee’s representation that
Licensees principal service is the provision of VoIP and IP Transport telecommunications
services.
A.2
The Licensee and Licensor agree if a regulatory body or a court of competent
jurisdiction should determine by a final, non-appealable order that such Licensee representations
are incorrect and as a result, the County did not have the authority to issue a License to Licensee,
then this License shall be considered a revocable permit with a mutual right in either party to
terminate without cause upon giving 60 written days’ notice to the other, The requirements and
conditions of such revocable permit shall be the same requirements and conditions as set forth in
this License except for conditions relating to the term of this License and the right of termination.
If this
License shall be considered a revocable permit as provided herein,
the
Licensee
acknowledges the authority of the Board of Supervisors to issue a revocable permit and the power
to revoke as provided therein.
A.3
There is hereby resen’ed to the County every right and power which is required to
be herein reserved or provided by any ordinance, resolution or statute, and the Licensee, by its
acceptance of this License, agrees to be bound thereby and to comply with any action or
requirements of the County in its lawfttl exercise of such rights or power, heretofore or hereafter
enacted or established. Neither the granting of any License nor any provision hereof shall

constitute a waiver or bar to the exercise of any governmental right or power of the County:
provided however, that the County shall not voluntarily impair the obligations of this License. The
Licensee docs not waive its right to challenge any County action that it believes is unlawful.
B.
The Licensee agrees to indemnify, defend, protect, and hold harmless the Licensor,
its commission members, officers, and employees from and against any and all claims, demands,
losses, including Pole warranty invalidation, damages, liabilities, fines, charges, penalties,
administrative and judicial proceedings and orders, judgments, and all costs and expenses incurred
in connection therewith, including reasonable attorney’s fees and costs of defense (collectively,
the “Losses”) directly or proximately resulting from Licensee’s activities undertaken pursuant to
this Agreement. except to the extent arising from or caused by the willful misconduct of the
Liecnsor. its Licensor Commission members, officers, employees, agents. or contractors.
C.
Ltcensee shall at all times during the term of this License caiTy. maintain, and pay
the cost of the liability insurance for the mutual benefit of the County and the Licensee: commercial
general liability insurance, written on an occurrence basis, against claims for bodily injury, death
or property damage occurring on or about the Licensee’s Fiber Optics Communication System and
appurtenances, which insurance shall cover such claims as may be occasioned by any act, omission
or negligence of the Licensee or its officers, agents, representatives, employees or servants during
all
times that
the Licensee will
be
using,
maintaining and operating
the
Fiber Optics
Communication System and appurtenances granted under the terms of this License. The minimum
types of coverage and limits of such liability coverage shall not be less than:
Type of Insurance Minimum Limits of Liability
Commercial General Liability S 1,000.000 Combined Single Limit (Per Occurrence)
Premises/Operations
Products/Completed Operations
Contractual
Independent Contractors (OCP)
Personal Injury with Exclusion “C” deleted
Automobile Liability $1,000,000 Combined Single Liniit (Each Accident)
Owned
Hired
Non-Owned
Workers’ Compensation Statutory Amounts
Employers’ Liability SI .000.000 (each accident/disease/Policy Limit)
(I)
The County shall have no responsibility or liability for such insurance coverage.
An enumeration of specific insurance coverage and amounts shall not limit or restrict the
indemnity covenants contained in this License.
The Licensee shall furnish the County with a Certificate of Insurance. The Certificate shall
be issued by an insurance company authorized to transact business in the State of Arizona, or be
named on the List of Authorized Insurers maintained by the Arizona Department of Insurance.
Insurance coverage shall not expire during the term of this License. The Licensee shall provide a

renewal certificate of the required insurance coverage to the County within fifteen (15) days of the
expiration date.
(2)
Workers’ Compensation and Employers’ Liability: A letter of certification, from the
Industrial Commission of Arizona, that the Licensee is insured by the State Compensation Fund
or is an authorized self-insurer or a Certificate of Insurance issued by an insurance company
authorized by the Arizona Department of Insurance to piovide Workers’ Compensation and
Employers’ Liability insurance in the State of Arizona.
(3)
Additional Insured: the County, a governmental entity, its officers. agents and
employees shall be named as an additional insured as their interest may appear on all policies
except Workcrs’ Compensation and Employers’ Liability, and this shall bc indicated on thc
Certificate of Insurance issued to the County. The Licensees coverage shall be primary for any
and all losses arising out of the perfonance of this License.
SECTION 3. Plans approval, Permits and Construction
A.
The Fiber Optics Communication System hereLn provided for, to be constructed,
installed, operated and maintained hereunder, shall be so located or relocated as to interfere as
little as possible with traffic or other authorized uses over, under or through said streets and public
ways. Those phases of construction relating to traffic control, backfilling, compaction and paving.
as well as the location or relocation of said Fiber Optics Communication System herein provided
for, shall be subject to regulation by the Superintendent of Streets. The Licensee shall keep
accurate installation records (“as built”) of the location of all facilities in the streets and public
ways and furnish them to the County upon Licensee’s receipt of a written request. Licensee shaLl
cooperate with the County to famish such information in an electronic mapping format compatible
with the current County electronic mapping format.
Upon completion of new or relocation
construction of underground facilities in the streets and public ways, the Licensee shall provide
the County with installation records (“as built”) in an electronic format compatible with the current
County electronic mapping fonnat showing the location of the underground and above ground
facilities. The acceptable electronic fonnat will be in accordance with the Maricopa County
Department of Transportation guidelines.
B. 1
If, during the design process for public improvements the County discovers a
potential conflict with proposed construction, the Licensee will either: (1) locate and, if necessary.
expose its facilities in conflict or t2) use a Location service under contract with the County to locate
or expose its facilities. Licensee shall reimburse the County for the cost resulting from number (2)
above. The County shall make every reasonable effort to design and construct projects pursuant to
this Section so as to avoid relocation expense to the Licensee. Licensee agrees to furnish the
location information in a timely manner, but in no casc longer than 45 days.
8.2
The County reserves the prior and superior right to lay. construct, erect, install, use,
operate, repair, replace, remove, relocate, regrade, widen, realign, or maintain any street and public
ways, aerial, surface, or .substirface improvement, including but not limited to water mains, traffic
control conduits, cable and devices, sanitary or storm sewers, subways, tunnels, bridges, viaducts,
or any other public construction within the rights-of-way of the County limits.

8.3
When the County uses its prior superior right to the streets and public ways for a
public improvement or other public purpose project, the Licensee shall move its property that is
located in the streets and public ways, at its own cost, to such a location as the County directs and
which is acceptable to Licensee taking into consideration Licensee’s intended and permitted use
under the terms contained in this License. Notwithstanding the foregoing, in the event the public
purpose project is paid for totally or in part by non-public ftmds. then the Licensee’s entire costs
of moving its property shall be borne by the source of the non-public finds in the same ratio as the
non-public funds bear to the total project costs.
C.
If, during the course ofa County project, the County determines Licensee’s facilities
are in conflict with the County project, the following shall apply:
1.
Prior to Notice to Proceed to County’s Contractor (Routine):
The Licensee shall, within a reasonable time, but in no event exceeding 6 months. remove
or relocate the conflicting facility. This time period shall begin running upon receipt by the
Licensee of written notice from the County. However, if both the County and the Licensee agree,
the time frame maybe extended based on the requirements of the project.
2.
Subsequent to County Notice to Proceed to Contractor:
The County and Licensee will promptly begin the coordination necessary to remove and
relocate the facilities. Actual construction to remove or relocate such facilities will begin within a
commercially reasonable time afler the notice period from the County and following LLcensee’s
obtaining a permit for such construction.
D.
The Licensee agrees to obtain all pennits as required by this License prior to
removing, abandoning, relocating or reconstructing, if necessary, any portion of its Fiber Optics
Communication
System.
Notwithstanding
the
foregoing,
the
County
understands
and
acknowledges there may be instances when the Licensee is required to make repairs, in compliance
with federal and!•or state laws, that are ofan emergency nature. The Licensee will notify the County
prior to such repairs, if practicable, and will obtain the necessary permits in a reasonable lime after
notification.
E.
If, in the installation, use or maintenance of its Fiber Optics Communication
System, the Licensee damages or disturbs the surface or subsurface of any streets or public ways
or adjoining pttblic property or the public improvement located thereon, therein, or thereunder, the
Licensee shall promptly, at its own expense, and in a manner acceptable to the County, restore the
surface or subsurface of the streets or public ways or public property, or repair or replace the pubLic
improvement thereon, therein, or thereunder, in as good a condition as before such damage or
disturbance. If such restoration, repair or replacement of the surface, subsurface or any structure
located thereon, therein, or thereunder is not completed within a reasonable time, or such repair or
replacement does not meet the County’s duly adopted standards, the County shall promptly notify
the Licensee. Licensee shall, have thirty (30) days or such longer period of time as necessary as

agreed to by the County, if such work cannot be accomplished within thirty (30) days, to restore,
repair or replace the surface, subsurface or any structure located thereon, therein, or thereunder. If
Licensee does not timely accomplish such restoration, repair or replacement, the County shall have
the right to perform the necessary restoration, repair or replacement. either through its own forces
or through a hired conttactor, and the Licensee agrees to reimburse the County for its actual and
documented expenses in so doing within thirty (30) days after its receipt of the Countys invoice
therefore together with the supporling documentation.
F.
The County shall not bear any cost of relocation of existing facilities, ilTespective
of the function served, where the County facilities or other facilities occupying the strccts or public
ways under authority of a County permit or License which must be relocated, are already located
in the strects or public ways and the conflict between the Licensee’s potential facilities and existing
facilities can only be resolved expeditiously as determined by the County by the movement of the
existing County or Licensee’s facilities.
6.
If Licensee’s relocation effort so delays construction of a public project causing the
County to he liable for delay damages. the Licensee shall reimburse the County foi those damages
attributable to the delay created by the Licensee. In the event the Licensee should dispute the
amotint of damages attributable to the Licensee, the matter shall be referred to the Dispute
Resolution Board, The Dispute Resolution Board shall consist of one member selected by the
County, one member selected by the Licensee, and a third person agreed upon by both parties. The
person agreed upon by both parties shall be chairperson of the Dispute Resolution Board. Expenses
for the Dispute Resolution Board shall be shared equally by the County and the Licensee. The
Board will liear the dispute promptly, and render an opinion as soon as possible. but in no case
later than 60 days after notification by the County of the Licensee’s allocated share of damages
suffered by the County. All decisions of the Dispute Resolution Board are non-binding on eithcr
the County or the Licensee, however, the findings of the Dispute Resolution Board shall be
admissible in any legal action.
The County and the Licensee shall accept or reject findings of the Dispute Resolution
Board reeeipl of the findings. If damages arc assessed by the Dispute Resolution Board against
either Party, and such assessment are not disputed by such Pary, then such Party shall pay the
other Party such assessment. Nothing herein shall prohibit a mutual agreement between the County
and the Licensee to use alternative dispute resolution for other disputes related to different License
provisions.
H.
In the event the County becomes aware of a potential delay involving the Licensee’s
facilities, the County shall promptly notify the Licensee in writing of this potential delay.
I.
Whenever the Licensee shall cause any opening or alteration whatever to be made
for any purpose in any streets or public ways, the work shall be completed within a reasonable
time, and the Licensee shall, without expense to the County and upon completion of such work,
restore the property disturbed in a manner consistent with the County’s duly adopted standards, or
as required by all permits which may incorporate special standards when required for County
purposes.

J.
The
installation,
use
and
maintenance
of
the
Licensee’s
Fiber
Optics
Communication System within the streets and public ways authorized herein shall he in such a
manner as not to interfere with thc County’s placement. construction, usc and maintenance of its
streets and public ways. street lighting. water pipes, drains, sewers, traffic signal systems or other
County systems that have been, or may be. installed, maintained, used or authorized by said
County.
K.
The Licensee agrees not to install, maintain or use any of its Fiber Optics
Communication System in such a manner as to damage or interfere with any pre-existing facilities
of another utility located within the streets or public ways of the County and agrees to relocate its
facilities, if necessary, to accommodate another facility relocation, that has a prior rights interest
in the streets and public ways.
L.
The Licensee shall obtain all pennits from the County for all construction,
installation, erection, cnlargement, replaccmcnt, extension and relocation in the strccts and public
ways. which permits the County shall issue on such conditions as are reasonable and necessary to
ensurc compliance with thc tcrms and conditions of this License. Further, the Liccnsee shall
reimburse the County for the location of the Licensee’s facilities for design and construction
purposes, and reimburse the County for pavement damage as specified in Section 3.E of this
License. Reimbursement for plan review, inspection, location services, design costs, and pavement
damage is separate, and in addition to, any other License fees included in this License. The
Licensee, at the time of or prior to submitting construction plans, shall provide the County with a
description of the type of service to be provided by the Licensee in sufficient detail for the County
to dctcrmine compliancc with this License.
M.
All installation of cable shall be installcd per plans approved by the County, with
such approval not to unreasonably be conditioned, denied or delayed. Licensee may install cables
on existing utility poles or in existing conduit where permission is granted by owner of the utility
pole or conduit, except where those same poles are scheduled to be replaced with buried facilities.
No new poles, or longer poles, will be permitted in the streets or public ways for any cable runs of
this License without the permission of the Licensor, which pcrniission will not unreasonably be
withheld, conditioned or delayed. If Licensee installs cable on existing poles as provided herein,
the Liccnscc shall bury its cable if such poles arc removed and not replaced in kind for any reason.
If the Licensee niakes use of existing conduit of a telephone or telecommunication company not
currently regulated by the County, by license or franchise, thc Licensee shall be subject to the
provisions of this License in the use of such conduit in the streets and public ways.
N.
The entire cost of relocation shall be borne by the County if the Licensee is required
by the County to relocate facilities which are located in private easements or rights-of-ways
obtained by the Licensee prior to the dedication of the public street or easement from which the
facilities must be relocated. These prior rights of the Licensee would also be unaffected by any
subsequent relocation. “Prior rights” as used in this paragraph means rights obtained by the
Licensee prior to the dedication of the streets or public ways from which the facilities are requested
by the County to be relocated.

0.
The Licensee shall provide all assurances required iii connection with any permit
obtained.
P.
Subject to the County ordinances, resolutions and regulations and Arizona State
Statutes, the County shall have the right, because of a public emergency, to sever, disrupt, dig-up
or otherwise destroy facilities of Licensee, without any prior notice if such action is deemed
reasonably necessary by the Board of Supervisors or Public Works Director. The County shall
provide Licensee with notice of such activity as soon as possible and in the most expeditious
manner upon the commencement of such activity.
A public emergency shall be any condition
which, in the opinion of any of the officials named, poses an iniinediate threat to the lives or
property of the citizens of the County, caused by any natural or man-made disaster, including, but
not limited to, storms, floods, fire. accidents, explosions, major water main breaks, hazardous
material spills, etc. Licensee shall be responsible for repair at its sole expense of any of its facilities
damaged pursuant to any such action taken by County.
Q.
Any trimming oftrees by the Licensee in the streets and public ways shall be subject
to such regulation as the Board of Supervisors or other authorized official may establish to protect
the public health, safety and convenience.
R.
The County may issue reasonable written policy guidelines to all Fiber Optics
Communication System licensees to establish procedures for determining how to control issuance
of engineering permits to multiple licensees for the same one-mile segments of their Fiber Optics
Communication Systems. The Licensee agrees to cooperate with the County in establishing such
policy and comply with the procedures established by the Board of Supervisors or their designee
to coordinate the issuance of multiple engineering permits in the same one-mile segments.
SECTION 4. Records and Locator Service of Facilities
A. 1
The Licensee shall comply with Arizona Revised Statutes Section 40-360.21 et seq.
by participating as a member of the Arizona Blue Stake Center with the necessary records and
persons to provide location service of Licensee’s facilities upon receipt of a locate call or as
promptly as possible. but in no evcnt later than two working days. A copy of their agreement or
proof of membership shall be filed with the County.
SECTION 5. Installation and Operation of the Fiber-Optics Communication System
A.
All installations shall meet the standard specifications and requirements of the
County.
B.
The Licensee shall provide the Licensor with a copy of its certificate of public
convenience and necessity issued by the ACC to the Licensee wIthin 30 days of issuance of this
License and thereafter within 30 days following an amendment to the certificate of public
convenience and necessity.

SECTION 6. Abandonment of the Fiber-Optics Communications Cable or Termination or
Revocation of License.
If the Licensee abandons use of its cable, ducts, or other facilities under or pursuant to this
License, then the facilities are required to be removed from the streets and public ways to the
satisfaction of the County at Licensee’s cost. In lieu of removal the County may permit the
improvements to be abandoned in place in such a manner as the County may prescribe in writing.
Upon permanent abandonment, the Licensee shall submit to the County a proposal and instruments
for transferring ownership to the County. Upon revocation or termination of the privilege herein
granted, Licensee shall to the satisfaction of the County and, without cost or expense to the County,
promptly remove its Fiber Optics Communication System unless permitted by the County to be
left in place in such manner as the County may prescribe in writing. If Licensee determines to
remove such Fiber Optics Communications System. or any portion thereof, then Licensee, at its
sole expense. shall restore the public right-of-way where disturbed by such removal to a reasonable
condition under the supervision and to the reasonable satisfaction of the County. Any such
facilities which are not removed within one hundred twenty days (120) of either such date of
termination or revocation or of the datc the County issued a permit authorizing removal, whichever
is later, automatically shall become the property of the County. The Arizona Blue Stake Center
must be notified to record facilities abandoned.
SECTION 7. License Fees
A.
The Licensee agrees to pay to the County as consideration for the granting of this
License a minimum of 55.000 annually or 5.54 (fifty-four cents) per lineal foot annually,
whichever is greater, for a nonexclusive right to place and maintain a maximum six-inch conduit
with appurtenances in the Right of Way occupied by Licensee in the same alignment identified in
Exhibit A within the Maricopa County streets and public ways. The annual fee is earned each year
on the anniversary date of the first annual footage fee, as set forth in paragraph B below, and
payable to the County.
B.
The County shall calculate the first annual footage fee based on number of lineal
feet as specifically identified on Exhibit A. The first annual footage fee shall be due and payable
60 days after issuance of the License.
C.
Payment by the Licensee to the County’ shall be made in United States legal tender.
Payments shall he considered timely if postmarked on or before the due date. If License fees are
not paid by the due date, interest of 1.5% per month shall accrue on the entire amount due. Any
payment received shall first be applied to any interest charges owed, then to any penalty owed and
then to any Licensee fee owed.
SECTION 8. Term of License
The right, privilege and license granted herein shall continue and exist for a total period of
twenty (20) years. consisting ofan initial five (5) year term with three (3) additional automatically
renewing five (5) year terms, from the effective date hereof unless sooner canceled as provided in
Section 11 belrnv. The annual fee, as established in Section 7 above, can be renegotiated every 5

years as necessary to assure that the County remains competitively neutral in their licensing
requirements. If the Licensee and the County cannot agree to changes in the annual cost, the matter
vill go before arbitration. The arbitration committee will be comprised of three (3) arbitrators; one
at the Licensee’s choosing, one at the County’s choosing, and a third one selected by the other two
chosen arbitrators, The cost of this arbitration will be divided equally between the County and the
Licensee.
SECTION 9. License Non-transferable
The right, privileges, and License granted hereunder shall not be assigned without the
express written consent of the County by an ordinance or resolution passed by the Board of
Supervisors, which consent shall not be unreasonably withheld or delayed, except that Licensee
may assign this License in whole or in part, without such consent, to a parent, subsidiary or other
affiliated entity of Licensee, or to any corporation or other entity into which Licensee may be
merged or consolidated or which purchases all or substantially all of Licensee’s assets, or for the
purpose of obtaining financing. This paragraph shall not be construed to prohibit Licensee from
selling, leasing or transferring fiber or capacity in the ordinary course of business. If the County’s
consent is not required for an assignment, the assignee will notify the County of the assignment
within 60 days following the assignment. The new licensee as approved by the County shall be
equally subject to all the obligations and privileges of the original License including any
amendments. which will remain in full effect, as if the new licensee was the original Licensee.
SECTION 10. Nonexclusive License
This grant is not exclusive, and nothing herein contained shall be consimed to prevent the
County from granting other like or similar grants or privileges to other person. firm or corporation
as long as Licensee’s permitted and intended use is not adversely affected, or to deny to or lessen
the powers and privileges granted the County under the Constitution and laws of the State of
Arizona.
SECTION II. Cancellation of License
A. I
This License granted hereunder may be canceled prior to the date of expiration by
the Licensee upon express written notice to the County. The County may revoke, alter, suspend,
or cancel this License at any time it deems necessary by giving written notice to Licensee for
material breach of the following:
a)
Failure to file and maintain items required by the License and this License
Ordinance;
b)
Failure to meet any conditions established in this License;
c)
Any sale, lease, assignment, or transfer of control of this License in violation of
Section 9 of this License without prior consent of the County, which consent will not be
unreasonably withheld, conditioned or delayed;
d)
Repeated failure, as reasonably determined by the Licensor, to maintain facilities
and operations in the streets and public ways under the standards prescribed by the County
for safety, operation. maintenance, and general work in the streets and public ways
according to County written requirements that have been delivered to Licensee and codes.

The County also may revoke, alter, suspend or cancel this License if there is any change in state
law effecting the authority of the County to issue licenses or controlling fiber optics cable placed
in the streets or public ways or concerning the authority of the County to issue this Fiber Optics
Communication System License, which changes are in conflict with the provisions of this License.
A.2
Before canceling this License, the Board of Supervisors or a designee, shall make
a written demand that the Licensee comply within 45 days or within such other specific period as
may be specified herein regarding notice to the Licensee. If a violation by the Licensee continues
for a period beyond that set forth in the written demand without written proof that corrective action
has been taken or is being actively and expeditiously pursued, the County may revoke, alter,
suspend or cancel this License.
SECTION 12. Acceptance of License Terms and Conditions
This License shall not become effective until written acceptance thereof has been filed by
Licensee with the County Clerk of the Board.
A. I
The Licensee has reviewed the Licensor’s ability to grant a License and accepts
such a License as the County may now be legally able to grant.
A.2
In the event of conflict between the terms and conditions of the License and the
terms and conditions on which the County can grant a license or permission to use the streets and
public ways as set forth in applicable federal law or Arizona law, the applicable federal law or
Arizona law shall, without exception, control.
A.3
The License shall be subject to general ordinance provisions now in effect or
hereafter made effective. Nothing in this License shall be deemed to waive the requirement of the
various codes, ordinances and regulations of the County regarding permits, fees to be paid or
manner of construction.
This License is negotiated in accordance with the present state of the law and the County’s
authority thereunder, which is only related to fiber optic communication systems. This License
shall not be construed to relate to any other technology or bind Maricopa County in the event that
future legislation gives Maricopa County further or other licensing or franchising authority. This
license is subject to cancellation pursuant to Arizona Revised Statue § 38-511.
[Signature page follows]

This
License
has
been
executed
on
behalf
of
the
County
this
day
of
20
By:
Chairman. Maricopa County Board of Supervisors
ATTEST:
Clerk of the Board of Supervisors
Approval As To Form:
By:
County Counsel
ACCEPTED BY: SPR[NT COM
IJNICATIONS COMPANY L.P.
By:
Name:
.
Title:
WITNESS:
By:
Name: Rad UAcY
Title:
CfYlkYnrf kXuib1\NO’

EXHIBIT A
A Sprint Fiber Optics Communication System
— Maricopa County Right-of-Way
On file in the Office of the Clerk of the Board of Supervisors and retained in 
accordance with LAPR approved retention schedule.