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LOS ANGELES SMSA LIMITED PARTNERSHIP
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LOS ANGELES SMSA LIMITED PARTNERSHIP
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Last modified
7/18/2023 8:29:03 AM
Creation date
4/8/2020 8:23:46 AM
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Contracts
Company Name
LOS ANGELES SMSA LIMITED PARTNERSHIP
Contract #
A-2020-047
Agency
PUBLIC WORKS
Council Approval Date
3/17/2020
Expiration Date
3/31/2030
Destruction Year
2035
Notes
For Insurance Exp. Date see Notice of Compliance
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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 Unified 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. On a quarterly basis, Licensee must furnish to <br />Licensor a current list and map that identifies the exact location of the Equipment in or on the <br />Municipal Facility. That information must be provided in a format established by the Licensor and <br />that is compatible with Licensoe's information technology, including but not limited to ESRI <br />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 />City permitting requirements as set out in the City's Municipal Code. Licensee agrees to comply <br />with the current applicable ordinances regarding such installations and maintenance as well as any <br />future regulations that may be adopted by the City respecting such installations and maintenance. <br />Licensee shall apply for the appropriate permits and pay any standard and customary permit fees. <br />Page 9 of 23 <br />
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