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8G Consent Calendar 2018 1203
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8G Consent Calendar 2018 1203
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11/27/2018 8:01:01 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agenda
Document Date (6)
12/3/2018
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11 <br />delivery of each Pole License application to the City. City will not be obligated to begin its <br />review of any Pole License application until the initial Administrative Payment, including <br />any supplement under subsection (b) (Nonstandard City Poles) below, is paid. <br />(a)Standard City Poles. The amount of the initial Administrative <br />Payment per Standard City Pole is specified above and in the Basic <br />License Information. <br />(b)Nonstandard City Poles. If the Pole License application includes <br />Nonstandard City Poles, the City will negotiate the amount of the initial <br />Administrative Payment for each Nonstandard Pole upon receipt of the <br />application. Pending negotiation, Licensee must submit an initial <br />Administrative Payment for each Nonstandard City Pole at the Standard <br />City Pole rate. Licensee must submit the negotiated supplement to the <br />Administrative Payment within 10 days after the amount is set. <br />4.7.2 Account. The initial Administrative Payment, and any subsequent <br />payments, as provided below, shall be held by City in a Customer Number account for the <br />reimbursement of City’s reasonable and actual costs. Upon Licensee’s request, City shall <br />provide to Licensee a monthly accounting of the account with a description of City’s costs <br />and expenses withdrawn from the account. <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 <br />Section 16.2 (Notice of Proposed Assignment), and Default Fees under Subsection <br />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
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