Laserfiche WebLink
<br />11 <br />4.7.3 Subsequent Payments. If there is a reasonable need for additional funds <br />to facilitate review and processing of a Pole License application as requested by City, <br />Licensee shall submit additional Administrative Payment(s) to the City for the anticipated <br />cost of such extra work. If Licensee refuses or fails to submit payment for the extra work <br />upon City's written request, City shall have the right to cease all processing of Licensee’s <br />application until such time as the funds are received. <br />4.7.4 Early Termination. Licensee shall have the right to terminate processing of <br />the application by providing written notice to the City. Upon receipt of such notice by City <br />(for purposes of this section, “Termination Date”), City shall cease all processing on <br />Licensee’s application as of the Termination Date and Licensee shall pay all costs <br />reasonably and actually incurred by City prior to such Termination Date from the account. <br />4.7.5 Refunding of Excess Amounts. Any funds remaining in the account will be <br />refunded to Licensee. No refunds shall occur until a 90-day period has passed without <br />processing costs. <br />4.8 Additional Fees. <br />4.8.1 Defined. Sums payable to the City by Licensee, including any late charges, <br />default interest, costs related to a request for the City’s consent to an Assignment under Section 16.2 (Notice of Proposed Assignment), and Default Fees under Subsection 17.2.4 (Default Fees), are referred to collectively as “Additional Fees.” Additional Fees <br />are not regulatory fees. <br />4.8.2 Exclusions. Licensee’s payment of any of the following will not be <br />considered Additional Fees under this Master License: (i) application fees (§ 4.6); <br />(ii) Administrative Payments (§ 4.7); (iii) any other amount paid to the City in <br />compensation for reviewing Licensee’s applications and coordinating and inspecting its <br />installation of Equipment on the License Area under Pole Licenses; (iv) License Fees; <br />and (v) any other payments to the City. <br />4.9 Manner of Payment. <br />Licensee shall pay License Fees, Administrative Payments, Additional Fees, and all other <br />amounts payable to the City under this Master License in cash or other immediately available <br />funds by: (i) check payable to the “City of San Leandro” and delivered to the City in care of the <br />Finance Director of the City of San Leandro at the address for payment specified in the Basic <br />License Information; or (ii) wire transfer in accordance with the instructions in the Basic License <br />Information, unless the City directs otherwise by notice given in accordance with Section 28.1 <br />(Notices). A check that is dishonored will be deemed unpaid. <br />4.10 Reasonableness of Liquidated Charges and Fees. <br />The parties agree that the Additional Fees payable under this Master License represent a <br />fair and reasonable estimate of the administrative costs that the City will incur in connection with <br />the matters for which they are imposed and that the City’s right to impose the Additional Fees is <br />in addition to and not in lieu of its other rights under this Master License. More specifically: <br />THE PARTIES ACKNOWLEDGE AND AGREE THAT THE CITY’S ACTUAL <br />ADMINISTRATIVE COSTS AND OTHER DETRIMENT ARISING FROM LICENSEE <br />DEFAULTS AND OTHER ADMINISTRATIVE MATTERS UNDER THIS MASTER <br />LICENSE WOULD BE EXTREMELY DIFFICULT OR IMPRACTICABLE TO <br />DETERMINE. BY EXECUTING THIS AGREEMENT, AN AUTHORIZED <br />REPRESENTATIVE OF EACH PARTY ACKNOWLEDGES THAT THE PARTIES HAVE <br />AGREED, AFTER NEGOTIATION, ON THE AMOUNT OF THE ADDITIONAL FEES AS <br />REASONABLE ESTIMATES OF THE CITY’S ADDITIONAL ADMINISTRATIVE COSTS <br />AND OTHER DETRIMENT.