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25F - AGMT - WIRELESS LICENSE
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25F - AGMT - WIRELESS LICENSE
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5/28/2020 5:17:58 PM
Creation date
5/28/2020 5:12:43 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Public Works
Item #
25F
Date
6/2/2020
Destruction Year
2025
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5.3.2 The License Fee (or Alternate License Fee, if applicable) shall be paid by <br />check made payable to the City and mailed or delivered to the City of Santa Ana, Public Works <br />Agency — Administrative Services, P.O. Box 1988, M-21, Santa Ana, CA 92702. The place and <br />time of payment may be changed at any time by Licensor upon thirty (30) days' written notice to <br />Licensee. Mailed payments shall be deemed paid upon the date such payment is officially <br />postmarked by the United States Postal Service. If postmarks are illegible to read, the payment <br />shall be deemed paid upon actual receipt. Licensee assumes all risk of loss and responsibility for <br />late payment charges if payments are made by mail. Notwithstanding the foregoing, upon <br />agreement of the parties, Licensee may pay the License Fee (or Alternate License Fee, if <br />applicable) by electronic funds transfer and if agreed, the Licensor will provide to Licensee bank <br />routing information for such purpose upon request of Licensee. <br />5.4 Delinquent Payment. A ten percent (10%) late fee shall be added to the License <br />Fee (or Alternate License Fee, if applicable) if not received by Licensor within thirty (30) calendar <br />days after the due date. In addition, all unpaid fee shall accrue interest on the amount due at the <br />rate of ten percent (10%) per annum accruing as of the first day following the expiration of the <br />foregoing 30-day period until paid in full. All late charges and interest payments shall become <br />License Fee (or Alternate License Fee, if applicable) under this Agreement. <br />5.5 Additional Remedies. The late fee set forth in Section 5.4 above is not exclusive, <br />and does not preclude the Licensor from pursuing any other or additional remedies in the event <br />that payments become overdue by more than 30 days. <br />6. CONSTRUCTION. Licensee shall comply with all applicable federal, state, and local codes <br />related to the construction, installation, operation, maintenance, and control of Licensee's <br />Equipment installed on Municipal Facilities, including the installation of Replacement Facilities <br />where authorized. Except as provided in Section 6.7, Licensee shall not attach, install, maintain, <br />or operate any Equipment on Municipal Facilities without the prior written approval of an <br />authorized representative of the Licensor for each location as evidenced in a signed Supplement. <br />Licensee shall keep the Municipal Facilities free and clear from any liens arising out of any work <br />performed, material furnished or obligations incurred by or for Licensee. <br />6.1 Installation and Operation. Within thirty (30) calendar days of the completion of <br />each installation or other times upon request by Licensor, not to exceed once annually, Licensee <br />must furnish to Licensor a current list and map that identifies the exact location of the Equipment <br />in or on the Municipal Facility. That information must be provided in a format established by the <br />Licensor and that is compatible with Licenser's information technology, including but not limited <br />to ESRI compatible GIS shapefiles. <br />6.2 Design Standards. The Equipment and any Replacement Facility shall comply <br />with the standards and guidelines for wireless facilities in the public right-of-way established by <br />the Director of Public Works pursuant to Section 33-234 of the Santa Ana Municipal Code. All <br />future Supplements, Supplement renewals, and modifications to existing Equipment shall be <br />subject to such updated standards. <br />6.3 Obtaining Required Permits. Licensee acknowledges that in addition to a signed <br />Supplement, each installation of Equipment and maintenance shall also be subject to then -current <br />Page 9 of 23 <br />25F-11 <br />
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