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14 <br />City Poles, whether the proposed Equipment poses particular aesthetic concerns. <br />Licensee acknowledges and agrees that any consultation between Engineering and <br />Transportation Department and the Community Development Department in accordance <br />with the preceding sentence and any resulting actions by the City would be in its <br />proprietary capacity as the owner of the City Poles and would not be an exercise of <br />regulatory authority. <br />6.2 Regulatory Approval Required. <br />Licensee’s installation of Equipment is also subject to the prior approval of, and <br />Licensee’s compliance with all conditions of any applicable encroachment permit approval as <br />required by the San Leandro Municipal Code (generally, an “Encroachment” as said term is <br />defined in San Leandro Municipal Code Chapter 5-1), other applicable City or outside agency <br />requirements, and implementing regulations and orders, if any. <br />6.3 Initial and Annual Master Plans Required. <br />At the time of Licensee’s submission of the Master License application, Licensee shall <br />submit to the City a master plan showing the number and approximate location(s) of each City <br />Pole for which Licensee intends to submit a Pole License application (“Master Plan”) during the <br />current calendar year. No later than each December 31st thereafter during the term of this <br />Master License, Licensee shall submit to the City a revised Master Plan showing the number and <br />approximate location(s) of each City Pole for which Licensee intends to submit a Pole License <br />application during the subsequent calendar year. The initial and annual Master Plans shall be <br />based on Licensee’s best information reasonably available at that time with respect to the <br />proposed use of City Poles for the upcoming calendar year. Licensee may submit updated <br />Master Plans at any time. The purpose of the Master Plan is (a) to give the City a sense of the <br />workload required to process Licensee’s Pole License applications for the upcoming year; (b) to <br />allow the City to identify geographic locations in which multiple carriers may be filing Pole <br />License applications; and (c) to allow the City to identify opportunities to negotiate terms for <br />potential shared cost of conduit installation. Licensee’s Master Plans shall be reasonably <br />designed to meet such purposes. <br />6.4 Design Guidelines <br />The parties agree that the installation configurations more particularly described and depicted in <br />Exhibit B (the “Design Guidelines”) will be presumptively approvable by the City. The City may <br />update and amend the Design Guidelines from time-to-time, and may substitute such updated or <br />amended Design Guidelines for the current Exhibit B upon written notice to Licensee. The City <br />shall consult in good faith with Licensee before any update or amendment to the Design <br />Guidelines becomes effective. Nothing in this Section is intended to limit or affect the City’s rights <br />to disapprove any Pole License Application pursuant to Section 6 (Pole License Approvals) or any <br />other provision in this Master License that expressly reserves the City’s right to disapprove any <br />Pole License Application. <br />6.5 Pole License Application. <br />Licensee shall submit Pole License applications to the City, which will review, approve, or <br />deny each application in its reasonable discretion. Each application will consist of: <br />(a) partially executed duplicate counterparts of a Pole License application in the form <br />attached as Exhibit A; <br />(b) Exhibit A-1 filled in with the location and other identifying information about each City <br />Pole covered by the Application, including whether it is a Standard City Pole or a historic or <br />decorative Nonstandard City Pole;