8D Consent Calendar 2018 0917 - Laserfiche WebLink

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15 specified in this Master License, the City will not give priority to any application or licensee over another application or licensee. The City, at its discretion, may solicit feedback from proximate property owners for installations in a residential district or in close proximity to a sensitive neighborhood, but without suggesting that such feedback is necessary or that feedback will be considered. Licensee acknowledges that staff and budget considerations will limit the City’s ability to review and process Pole License applications. During its review process, the City will provide to Licensee the applicable License Fee and Default Fee Schedule (Exhibit A-4 to Pole License) and City Installation Guidelines (Exhibit A-5 to Pole License), each of which will be deemed to be attached to the Pole License upon execution by the City. 6.7 Administrative Payments. The City is not obligated to begin its review of any Pole License application if Licensee has failed to pay the applicable initial Administrative Payment under Section 4.7 (Pole License Administrative Payments) when due. If Licensee does not timely deliver the required initial Administrative Payment, the supplement for any Nonstandard City Pole, or any additional Administrative Payment required for the City to complete its review, the City may suspend its review of any of Licensee’s Pole License applications then under review by the City. The date and time of submission of any suspended Pole License application will be deemed to be the date and time that Licensee submits the required payment. 6.8 Pole License Approval. The City will notify Licensee that the City has approved each Pole License by returning one fully executed counterpart of the Pole License to Licensee. The City requires as a condition to approval of any Pole License that Licensee provide proof that contractors installing Equipment have bonds and insurance coverage as required by Section 19.5 (Contractors’ Bonds and Insurance and City Business License). A City decision to grant or deny a Pole License application is not a regulatory determination subject to appeal, but is an exercise of the City’s proprietary authority over its Poles as its personal property. In the event that Licensee fails to commence construction pursuant to the Pole License within one year from the date the City fully executes the Acknowledgment Letter, the Pole License shall automatically expire unless the City grants a written extension. Licensee shall not be entitled to any refund for any Administrative Payments, which include without limitation the License Fee, paid in connection with a Pole License except as provided in Section 27.1 (Early Termination by Either Party). Nothing in this Section is intended to prohibit or prevent Licensee from submitting a new Pole License Application for the same or substantially the same Poles as those covered under a Pole License that expired pursuant to this Section. 6.9 Right to Disapprove. Licensee acknowledges that the City reserves the absolute right to disapprove any Pole License Application in whole or in part when the City determines in its sole judgment that the subject Pole Location or proposed Equipment would interfere with the City’s municipal functions or proprietary interests or create a hazardous or unsafe condition. In addition, Licensee acknowledges that the City reserves the absolute right to disapprove any license within a Pole License Application when the subject Pole would involve above-ground equipment (other than the antenna, and any required electric meter) in a residential district or in close proximity to a sensitive neighborhood, as solely determined by the City, unless, in the City’s sole and absolute determination, no reasonable alternative exists. 6.10 Federal and State Regulations Inapplicable Licensee expressly acknowledges and agrees that all requirements, limitations or other restrictions in any Laws applicable to the City in its regulatory capacity (which may include