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Agmt 2019 MLA for Small Cell Pole Attachment
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Agmt 2019 MLA for Small Cell Pole Attachment
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Last modified
6/5/2019 7:14:27 AM
Creation date
2/21/2019 4:31:33 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
1/7/2019
Retention
PERM
Document Relationships
10.A. Action 2019 0107
(Attachment)
Path:
\City Clerk\City Council\Agenda Packets\2019\Packet 2019 0107
Ord 2019-001 PAD
(Amended)
Path:
\City Clerk\City Council\Ordinances\2019
Reso 2019-002
(Approved)
Path:
\City Clerk\City Council\Resolutions\2019
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and a pedestal -mounted meter, Licensee must choose a pole -mounted Smart Meter. Pedestal - <br />mounted meters will only be allowed if no alternative is available. The electricity purveyor in San <br />Leandro is Pacific Gas & Electric Company (PG&E). <br />12.2 Taxes and Assessments. <br />12.2.1 Possessory Interest Taxes. Licensee recognizes and understands that <br />this Master License may create a possessory interest subject to property taxation and that <br />Licensee may be required to pay possessory interest taxes. (See Rev & Tax Code, <br />Sections 107-107.9) Licensee further recognizes and understands that any sublicense or <br />assignment permitted under this Master License and any exercise of any option to renew <br />or extend this Master License may constitute a change in ownership for purposes of <br />property taxation and therefore may result in a revaluation of any possessory interest <br />created under this Master License. <br />12.2.2 Licensee's Obligation if Assessed. Licensee agrees to pay taxes of any <br />kind, including possessory interest taxes, excises, licenses, permit charges, and <br />assessments based on Licensee's usage of the License Area that may be imposed upon <br />Licensee by Law, when the same become due and payable and before delinquency. <br />Licensee agrees not to allow or suffer a lien for any taxes to be imposed upon the License <br />Area without promptly discharging the same, provided that Licensee, if so desiring, will <br />have a reasonable opportunity to contest the validity of the same. The City will provide <br />Licensee with copies of all tax and assessment notices on or including the License Area <br />promptly, along with sufficient written documentation detailing any assessment increases <br />attributable to Licensee's Equipment, but in no event later than 30 days after receipt by <br />the City. <br />12.2.3 Taxes on Equipment. Licensee shall be responsible for all taxes and <br />assessments levied upon Licensee's Equipment. Licensee agrees not to allow or suffer a <br />lien for any such taxes to be imposed upon the Equipment without promptly discharging <br />the same, provided that Licensee, if so desiring, will have a reasonable opportunity to <br />contest the validity of the same. <br />12.2.4 Use of City Electricity. For a location where Licensee's Equipment will be <br />powered from a street light circuit that is currently connected to a City -operated electrical <br />meter, the cost of said electricity is assumed to be included in the License Fee paid to <br />City, and no sub -metering or incremental payment for electricity will be required. <br />13 COMPLIANCE WITH LAWS <br />13.1 Current and Future Laws. <br />Licensee shall install, use, and maintain the Equipment in strict compliance with Laws <br />and conditions to Regulatory Approvals relating to the use or occupancy of the <br />License Area, including all Laws relating to health, safety, and radio signal <br />transmission. Any work or installations made or performed by or on behalf of Licensee <br />or any person or entity claiming through or under Licensee is subject to applicable <br />Laws. The parties agree that Licensee's obligation to comply with all Laws is a <br />material part of the bargained -for consideration under this Master License, <br />irrespective of the degree to which such compliance may interfere with Licensee's use <br />or enjoyment of the License Area, the likelihood that the parties contemplated the <br />particular Law involved and whether the Law involved is related to Licensee's <br />particular use of the License Area. No occurrence or situation arising during the Term <br />under any current or future Law, whether foreseen or unforeseen and however <br />extraordinary, will relieve Licensee from its obligations under this Master License or <br />give Licensee any right to terminate this Master License or any Pole License in whole <br />23 <br />
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