Reso 2012-084 - Laserfiche WebLink

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All payments shall be made to: City of San Leandro Department of Finance City Hall 835 E. 14 Street San Leandro, CA 94577 5.2 Initial payment by the Company for adjustments made for addition of antennae, pursuant to Exhibit F shall be due and payable at the address set forth above on the date the City approves placement of said additional antennae on the Telecom Facilities and shall be prorated to reflect the remainder of the year of the Term ( "Term Year "). 5.3 Adjustment of Use Charge a. The Use Charge shall be increased on each Anniversary Date. For the first adjustment, the amount will be prorated by the number of months in the Initial Period. The Use Charge shall be up to the maximum amount set forth below, to equal the greater of: (1) a four percent (4 %) increase over the then current Use Charge, or (2) the annual Consumer Price Index adjustment as published by the United States Department of Labor, Bureau of Labor Statistics for All Consumers for the San Francisco - Oakland -San Jose Metropolitan area (hereinafter "CPI "). The percentage change in the CPI shall be based on the annual average change for the last two years (January through December). b. If the Department of Labor discontinues publishing the index mentioned above, the City may use a comparable index to calculate the percentage change in the CPI. C. Should the Company enter into an agreement for the same, or substantially similar Telecom Facilities with another Governmental Entity for use of any structure owned by such Governmental Entity anywhere in the San Francisco-Oakland- San Jose Metropolitan Area as defined by the Bureau of Labor Statistics for its CPI Index which agreement requires the Company to pay higher use rates ( "Higher Use Rate ") than the rate then in effect hereunder, the Company shall notify the City within thirty (30) days of the effective date of such agreement. In the event the Company enters into such an agreement, the Company shall begin paying such Higher Use Rate to the City within sixty (60) days of such demand. The first payment shall be made in one lump sum to the City and shall be equal to the Higher Use Rate for the period beginning on the commencement date of the agreement with the Governmental Entity and ending on the following Anniversary Date less the amount then already paid for the same period. For each Anniversary Date thereafter, the Company shall pay annually to the City the Higher Use Rate. The provisions of this Section 5.3c shall not apply to extensions of existing contracts between Governmental Entities and the Company, which are in effect as of Effective Date. For purposes of this Section 5.3c, 3