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8D Consent Calendar 2018 0917
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8D Consent Calendar 2018 0917
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agenda
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9/17/2018
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<br />22 <br />or equipment or material supplier purporting to attach to the License Area or other City Property <br />as a result of work performed, material furnished, or obligations incurred on behalf of Licensee <br />within 60 days after notice or discovery of the lien, the City will have the right, but not the <br />obligation, to cause the same to be released by any means it deems proper, including payment <br />of the Claim giving rise to such lien. Licensee must reimburse the City for all expenses it incurs in <br />connection with any such lien (including reasonable attorneys’ fees) within 20 days following <br />receipt of the City’s demand and an invoice of City’s expenses. Licensee shall not create, permit, <br />or suffer any other encumbrances affecting any portion of the License Area. <br /> <br />12 UTILITIES; TAXES AND ASSESSMENTS <br />12.1 Utilities. <br />Licensee shall be solely responsible for obtaining and maintaining the provision of <br />electricity to Licensee’s Equipment, including, but not limited to, making payments to electric <br />utilities and installation of separate electric meters, if necessary. Licensee shall comply with all <br />Laws and rules and regulations of the electric utility relating to installation and connection of <br />Licensee’s Equipment to electricity. If granted a choice between a pole-mounted Smart Meter <br />and a pedestal-mounted meter, Licensee must choose a pole-mounted Smart Meter. Pedestal- <br />mounted meters will only be allowed if no alternative is available. The electricity purveyor in San <br />Leandro is Pacific Gas & Electric Company (PG&E). <br />12.2 Taxes and Assessments. <br />12.2.1 Possessory Interest Taxes. Licensee recognizes and understands that this <br />Master License may create a possessory interest subject to property taxation and that <br />Licensee may be required to pay possessory interest taxes. (See Rev & Tax Code, Sections <br />107–107.9) Licensee further recognizes and understands that any sublicense or <br />assignment permitted under this Master License and any exercise of any option to renew <br />or extend this Master License may constitute a change in ownership for purposes of <br />property taxation and therefore may result in a revaluation of any possessory interest <br />created under this Master License. <br />12.2.2 Licensee’s Obligation if Assessed. Licensee agrees to pay taxes of any <br />kind, including possessory interest taxes, excises, licenses, permit charges, and <br />assessments based on Licensee’s usage of the License Area that may be imposed upon <br />Licensee by Law, when the same become due and payable and before delinquency. <br />Licensee agrees not to allow or suffer a lien for any taxes to be imposed upon the License <br />Area without promptly discharging the same, provided that Licensee, if so desiring, will <br />have a reasonable opportunity to contest the validity of the same. The City will provide <br />Licensee with copies of all tax and assessment notices on or including the License Area <br />promptly, along with sufficient written documentation detailing any assessment increases <br />attributable to Licensee’s Equipment, but in no event later than 30 days after receipt by <br />the City. <br />12.2.3 Taxes on Equipment. Licensee shall be responsible for all taxes and <br />assessments levied upon Licensee’s Equipment. Licensee agrees not to allow or suffer a <br />lien for any such taxes to be imposed upon the Equipment without promptly discharging <br />the same, provided that Licensee, if so desiring, will have a reasonable opportunity to <br />contest the validity of the same. <br />12.2.4 Use of City Electricity. For a location where Licensee’s Equipment will be <br />powered from a street light circuit that is currently connected to a City-operated electrical <br />meter, the cost of said electricity is assumed to be included in the License Fee paid to <br />City, and no sub-metering or incremental payment for electricity will be required.
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