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F. WHEREAS, without either admitting or denying any fact or allegation, by this <br />Agreement, the Parties hereto have agreed to a process to fully and completely resolve all disputes <br />and claims that the Parties now have arising out of or relating to the Permit Applications, proposed <br />WCFs, and/or the Action. <br />G. WHEREAS, a declaratory ruling and order was adopted by the Federal <br />Communications Commission on September 26, 2018 In the Matter of Accelerating Wireless <br />Broadband Deployment by Removing Barriers to Infrastructure Investment, WT Docket No. 17- <br />79 and Accelerating Wireline Broadband Deployment by Removing Barriers to Infrastructure <br />Investment, WT Docket No. 17-84 (the "FCC Order"), and the FCC Order is the subject of several <br />pending appeals in federal courts of appeal, and a reconsideration petition filed to the FCC. The <br />Parties agree and acknowledge that the FCC Order may have a future impact on rental amounts <br />due and owing under this Agreement, as set forth in detail herein. <br />NOW, THEREFORE, in consideration of the terms, conditions and covenants herein set <br />forth, the Parties hereto agree as follows: <br />AGREEMENT <br />1. Motion to Stay the Action. On or before January 11, 2019, the 'Parties will file a <br />joint request to stay the Action for six (6) months, to provide time for Crown Castle to submit new <br />information regarding the Permit Applications that were subject to the Denials and for the City to <br />review and act on such new information as set forth in this Agreement. <br />2. Re -Opening of Permit Applications & Review of Revised Applications. The <br />City will re -open the Permit Applications, accept and consider the New Information identified at <br />Section 3 hereof, and issue a determination in accordance with the modified timeline set forth at <br />Section 6 hereof. The Permit Applications, together with the New Information and the Further <br />Information (if any) submitted pursuant to this Agreement, shall be referred to as the "Revised <br />Permit Applications." For purposes of this Agreement alone, the City and Crown Castle agree <br />to toll the FCC shot clock applicable to the Permit Applications to allow for the City to act on the <br />Revised Permit Applications and, if necessary, the completion of any appeals. Further, for <br />purposes of this Agreement alone, the City hereby expressly waives any and all SAMC <br />requirements that would otherwise prohibit the City's review of the Revised Applications in <br />accordance with this Agreement. <br />3. Submittal of New Information. Within sixty (60) days of the Effective Date, <br />Crown Castle will submit to City, by personal delivery, the following documents related to the <br />Permit Applications (the "New Information"): <br />a. four (4) sets of modified plans showing: <br />i. the placement of the WCFs on 10 new street light poles to be installed by <br />Crown Castle and owned by the City in accordance with Section 10 of this <br />Agreement (the "City Poles") at the 10 locations mutually selected by the <br />Parties and identified on Exhibit A to this Agreement (the "Revised <br />Locations") rather than the original locations identified on the Permit <br />Applications (the "Original Locations"); <br />1129494 11/LA <br />399510-00002/12-19-18k1.A,b -2- <br />