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CITY OF PORTSMOUTH, VIRGINIA, MASTER LEASE AGREEMENT WITH SOUTHSIDE NETWORK AUTHORITY This Nonexclusive Franchise Agreement (hereinafter "Agreement') is made and entered into as of this day of 2022, by and between the City of Portsmouth, Virginia, a Virginia municipal corporation ( "City" or "Grantor ") and the Southside Network Authority, a body politic and corporate and a political subdivision of the Commonwealth of Virginia under the Wireless Service Authorities Act ( "Grantee" or "Authority"). WHEREAS, the Authority is a body politic and corporate and a political subdivision of the Commonwealth of Virginia, existing under the provisions of the Virginia Wireless Service Authorities Act, Chapter 54.1 of Title 15.2 of the Code of Virginia, 1950, as amended, the purposes of which include the ownership of a system to provide qualifying communications services, in accordance with the Act; and WHEREAS, the Authority desires to use and occupy the streets and public rights -of -way (as hereinafter defined) located within the City for the purposes of constructing, installing, and maintaining network facilities for the provision of qualifying communications services within the City; and WHEREAS, the Authority and the City wish to enter into a master lease agreement on non - discriminatory terms, as compared to franchises the City has entered with other owners of communications infrastructure not used to provide cable television or its functional equivalent; and WHEREAS, the City is agreeable to allowing the Authority to use the streets and public rights -of -way, subject to the terms and conditions hereinafter set forth and subject to all provisions of law. NOW, THEREFORE, in consideration of the premises hereof and of the mutual promises and covenants set forth herein, the City and the Authority agree as follows: Section 1. Grant of Authority. (a) Subject to the terms of this Agreement, the City hereby grants to the Authority the non - exclusive right to construct, install, maintain, locate, move, operate, place, protect, reconstruct, reinstall, relocate, remove and replace fiber optic or other communications facilities, including conduit therefor, for the provision of qualifying communications services, in the public streets and public rights -of -way in the City of Portsmouth. The Authority shall be solely responsible for obtaining any required consents from State agencies or private parties to the extent that its operations affect State or private property. It is expressly agreed that this Agreement does not give the Authority the right to occupy any public rights -of- way with permanent above - ground cabinets, pads and other similar structures except pursuant to