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10.A. Action 2019 0107
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10.A. Action 2019 0107
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12/21/2018 7:57:16 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agenda
Document Date (6)
1/7/2019
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PERM
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Agmt 2019 MLA for Small Cell Pole Attachment
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Path:
\City Clerk\City Council\Agreements\2019
Ord 2019-001 PAD
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Path:
\City Clerk\City Council\Ordinances\2019
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13 <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. <br />5 USE RESTRICTIONS <br />5.1 Permitted Use. <br />5.1.1 Licensee shall use the License Area solely for the Permitted Use and for no <br />other use, subject to all applicable Laws and conditions of Regulatory Approvals. <br />Licensee shall not interfere with the City’s use and operation of any portion of the License <br />Area or any other City Property for any purpose. This Master License and each Pole and <br />Additional Facilities License will be subject to and conditioned upon Licensee obtaining <br />and maintaining throughout the Term all Regulatory Approvals to use the License Area for <br />the Permitted Use. Licensee acknowledges that City Laws and Regulatory Approvals <br />include design review, engineering, radio interference, and zoning or telecommunications <br />ordinances. <br />5.1.2 Licensee may use the License Area solely for the installation, operation and <br />maintenance of Equipment for transmission and reception of wireless communications <br />signals (the “Permitted Use”) in compliance with all applicable Laws and any conditions in <br />any Regulatory Approvals and for no other use whatsoever without the City’s prior written <br />consent, which the City may withhold in its sole and absolute discretion for any or no <br />reason. Licensee may lease, license or otherwise allow its Invitees to use capacity on <br />Licensee’s Equipment; provided, however, that any such third parties shall not be <br />permitted to perform any physical work on any Pole without the City’s prior written <br />consent, which the City may reasonably withhold or condition as the City deems <br />necessary to protect the Pole or public health safety and/or welfare. Licensee may not <br />lease, license or otherwise allow or assign its rights pursuant to an Additional Facilities <br />License to any third party without the City’s prior written consent, which the City may <br />reasonably withhold or condition. <br />5.2 Prohibition on “Macro Cell” Uses. <br />The City and Licensee intend this Master License and any Pole License to cover only
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