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Last modified
2/12/2019 10:44:28 AM
Creation date
2/12/2019 10:44:04 AM
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Contracts
Company Name
CROWN CASTLE
Contract #
A-2018-311
Agency
CITY ATTORNEY'S OFFICE
Council Approval Date
12/18/2018
Destruction Year
0
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c. City Review of Category 1 Applications. The City agrees that the executive <br />director of the public works agency, or his or her designee, ("Director," per SAMC <br />Sec. 33-231) will act on each Revised Permit Application for a Category I Location <br />within thirty (30) calendar days after the Revised Permit Application is deemed <br />complete according to Section 6(b). <br />d. City Review of Category 2 Applications. The City agrees the Director will act on <br />each Revised Permit Application for each Category 2 Location within sixty (60) <br />days after the Revised Permit Application is deemed complete according to Section <br />6(b); provided that, irrespective of whether a Revised Permit Application has <br />already been deemed complete according to Section 6(b), Crown Castle shall work <br />cooperatively with the City in accordance with SAMC Sec. 33-239 to consider or <br />otherwise respond to any comments on the Revised Permit Application received by <br />the Director within thirty (30) days from the date the corresponding notice required <br />by Section 4 is provided. <br />e. Appeals. In the event of any timely appeal of a decision on any of the Revised <br />Permit Applications, the City shall take final action on the appeal within the <br />timeframe set forth under the uniform hearing and appeal procedures set forth at <br />Chapter 3 of the SAMC. The City agrees and acknowledges that in the event the <br />Director conditionally approves or denies a Revised Permit Application, Crown <br />Castle shall retain all rights to appeal the denial or conditions imposed by the <br />Director in accordance with Chapter 3 of the SAMC. <br />f. Independent Review. The City's decision on each Revised Permit Application will <br />be made independently and will not impact the approval or denial of the other <br />Revised Permit Applications. <br />7. Impact of City Decision on Revised Permit Applications. The City can make no <br />guarantee or assurances that it will approve the Revised Permit Applications. However, the Parties <br />agree that an approval or denial of a Revised Permit Application or Applications will have the <br />following impact on the Parties' respective rights and the Action. <br />a. Director's Decisions. The Director shall issue a decision on each Revised Permit <br />Application. The City agrees and acknowledges Crown Castle shall have the right <br />under the SAMC to appeal those Director's decisions on the Revised Permit <br />Applications which are denials as well as any approvals which it believes include <br />conditions that vary materially from the proposed WCF included in the <br />corresponding Revised Permit Application. <br />b. Impact ol"City Approval of Seven or More Revised Permit Applications — Waiver <br />of Claims & Dismissal ofAction. If the City's final action on at least seven (7) of <br />the Revised Permit Applications is an approval, all the City's decisions replace the <br />Denials for all the corresponding sites and further, (i) Crown Castle will (a) <br />withdraw its 'Letter and (b) agree in writing not to invoke California Government <br />Code section 65964.1 with respect to either the Permit Applications or the Revised <br />Permit Applications; and (ii) City shall, within ten (10) business days of the <br />1129494.11/LA <br />377510-00002/12-19-1 N/ahrJbsb -5- <br />
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