NEW CINGULAR WIRELESS PCS, LLC (2)

Home Browse Search

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