Agmt 2019 MLA for Small Cell Pole Attachment

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discretion, then the City may deny the Pole License application. If there are objections made to a particular Pole Location by a proximate property owner or occupant, then the City may consider such objections when deciding whether to approve or disapprove Licensee's Pole 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. |nreviewing 8 Pole License application, the City's Engineering and Transportation Department may consult with the City's Community Development Department tOassess 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 and would not be an exercise of regulatory authority. 8.2 Regulatory Approval Required. Licensee's installation OfEquipment iSalso subject tOthe priorapprova|n[ond 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 Ord8[S. if any. 6.3 Initial and Annual Master Plans Required. At the time of Licensee's submission of the Master License 8pp|iC8tiOn, Licensee Sh8U submit to the City a master plan showing the number and approximate location(s) of each City Pole for which Licensee intends to submit Pole License application (''K0aetar Plan") during the current calendar year. NOlater than each December 31Stthereafter during the term Ofthis Master LiC8nS8, Licensee ShoU submit tOthe City e revised Master Plan showing the number and 8ppn}xiDl3ƒe |oo8tiUO(o) of each City Pole for which Licensee intends to submit e Pole 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 ofCity Poles for the upcoming calendar year, Licensee may submit updated Master Plans atany time. The purpose Ofthe Master Plan iS/8\tOgive the City asense ofthe vvO[Nood required to prOC8SS Licensee's Pole License applications for the upcoming ye8r� (b) to allow the City to identify geographic locations in which multiple carriers may be filing P0|8 License applications; and /o\to allow the City tOidentify opportunities tOnegotiate terms for potential shared cost Ofconduit installation. Licensee's Master Plans shall bereasonably designed 10meet such purposes. 6.4 Design Guidelines The parties agree that the installation configurations more particularly described and depictedin Exhibit B (the "Design Guidelines") will he presumptively approvable by the City. The City may update and amend the Design Guidelines from tinoe-tO-tinn8. and may substitute such updated or amended Design Guidelines for the current Exhibit B upon written notice to Licensee. The Qty Sh8U consult in good faith with Licensee before any update Oramendment tOthe Design Guidelines beCODleS effective. Nothing in this Section is intended to limit oraffect the City's rights tOdisopprOve8OyPo|eLiD8nseApp|ioahonpurauonttoG8Cti0OO(Po|eLiCenSe/\pp[ovo|e)Or@Dy other provision in this Master License that expressly reserves the City's right to disapprove any Pole License Application. 14