10.A. Action 2019 0107 - Laserfiche WebLink

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15 objections when deciding whether to approve or disapprove Licensee’s Pole or Associated Facilities License application, but in making such decision the City shall, in its sole discretion, balance the concerns of the objecting party with the expense and burden to Licensee of modifying its application. 6.1.3 Consultation with Community Development. In reviewing a Pole or Associated Facilities License application, the City’s Engineering and Transportation Department may consult with the City’s Community Development Department to assess whether Licensee’s proposed Equipment is appropriate for a given location or, for historic and decorative Nonstandard City Poles, whether the proposed Equipment poses particular aesthetic concerns. Licensee acknowledges and agrees that any consultation between Engineering and Transportation Department and the Community Development Department in accordance with the preceding sentence and any resulting actions by the City would be in its proprietary capacity as the owner of the City Poles or Associated Facilities and would not be an exercise of regulatory authority. 6.2 Regulatory Approval Required. Licensee’s installation of Equipment is also subject to the prior approval of, and Licensee’s compliance with all conditions of any applicable encroachment permit approval as required by the San Leandro Municipal Code (generally, an “Encroachment” as said term is defined in San Leandro Municipal Code Chapter 5-1), other applicable City or outside agency requirements, and implementing regulations and orders, if any. 6.3 Initial and Annual Master Plans Required. At the time of Licensee’s submission of the Master License application, Licensee shall submit to the City a master plan showing the number and approximate location(s) of each City Pole for which Licensee intends to submit a Pole or Associated Facilities License application (“Master Plan”) during the current calendar year. No later than each December 31st thereafter during the term of this Master License, Licensee shall submit to the City a revised Master Plan showing the number and approximate location(s) of each City Pole or Associated Facilities for which Licensee intends to submit a Pole or Associated Facilities License application during the subsequent calendar year. The initial and annual Master Plans shall be based on Licensee’s best information reasonably available at that time with respect to the proposed use of City Poles for the upcoming calendar year. Licensee may submit updated Master Plans at any time. The purpose of the Master Plan is (a) to give the City a sense of the workload required to process Licensee’s Pole or Associated Facilities License applications for the upcoming year; (b) to allow the City to identify geographic locations in which multiple carriers may be filing Pole or Associated Facilities License applications; and (c) to allow the City to identify opportunities to negotiate terms for potential shared cost of conduit installation. Licensee’s Master Plans shall be reasonably designed to meet such purposes. 6.4 Design Guidelines The parties agree that the installation configurations more particularly described and depicted in Exhibit B (the “Design Guidelines”) will be presumptively approvable by the City. The City may update and amend the Design Guidelines from time-to-time, and may substitute such updated or amended Design Guidelines for the current Exhibit B upon written notice to Licensee. The City shall consult in good faith with Licensee before any update or amendment to the Design Guidelines becomes effective. Nothing in this Section is intended to limit or affect the City’s rights to disapprove any Pole or Associated Facilities License Application pursuant to Section 6 (License Approvals) or any other provision in this Master License that expressly reserves the City’s right to disapprove any Pole or Associated Facilities License Application. 6.5 License Application.