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City of Redwood City Council <br />December 17, 2018 <br />Page 5 of 5 <br />application evidences that the requirements are not, in fact, reasonable and directed at <br />remedying the impact of the wireless infrastructure deployment." Thus, AT&T asks that the <br />City verify that each of the proposed design requirements and limitations set forth in the <br />Policy Resolution satisfy this standard and, specifically, are no more burdensome than those <br />applied to other types of infrastructure deployments in rights-of-way. <br />15. Attorney's Fees. Section 29.108(a)(13) of the Proposed Ordinance requires a <br />permittee to pay the City's reasonable attorney's fees in the event that the City files an <br />enforcement action or revokes a permit. This requirement applies "even if the matter is not <br />prosecuted to a final judgment or is amicably resolved, unless the City should otherwise <br />agree with permittee to waive said fees or any part thereof." But if the litigation proceeds to <br />a final judgment and the permittee prevails, then the permittee is not responsible for paying <br />the City's reasonable attorney's fees. AT&T objects to the underlined component of this <br />requirement because it may make it more difficult to reach a negotiated resolution and <br />thereby prolong litigation. <br />Conclusion <br />By submitting these initial comments, AT&T does not waive any of its legal rights <br />under federal or state law. Rather, AT&T submits these initial comments to assist the City <br />with its Proposed Ordinance and Draft Resolution. AT&T respectfully asks that the City not <br />vote on this Agenda item tonight and allow time to collaborate on the issues identified <br />above. <br />Sincerely, <br />/s/ Jeffrey M. Slade <br />cc: Veronica Ramirez, City Attorney (cityattorney@redwoodcity.org) <br />