Agmt21 Crown Castle Fiber - Laserfiche WebLink

Browse Search

REV: 10-26-2021 SK 4.COMPENSATION; UTILITY CHARGES. Licensee is solely responsible for the payment of all fees in connection with Licensee’s performance under this MLA, including those set forth below. 4.1.Annual Fee. In order to compensate City for Licensee’s use of Municipal Facilities, Licensee will pay to the City an annual fee (“Annual Fee”) or Alternate Annual Fee, as applicable, for each SLA in the amount determined in accordance with Exhibit “B”, attached hereto and incorporated herein. Licensee acknowledges and agrees that the Annual Fee is a reasonable approximation of the direct and actual costs incurred by the City as a result of Licensee’s use of Municipal Facilities. The initial payment of the Annual Fee or Alternate Annual Fee, as applicable, for each SLA shall be made within sixty (60) days of the Installation Date. Subsequent payments of the Annual Fees or Alternate Annual Fees, as applicable, will be paid on the Anniversary Date of this MLA. Acceptance by City of any payment of any Annual Fees or Alternate Annual Fees shall not be deemed a waiver by City of any breach of this MLA occurring prior thereto, nor will the acceptance by City of any such payment preclude City from later establishing that a greater amount was actually due or from collecting any balance that is due. 4.1.1 Delinquent Payment. A five percent (5%) late fee shall be added to the Annual Fee or Alternate Annual Fee, as applicable, if not received by the City within ten (10) calendar days after the due date. In addition, all unpaid fees shall accrue interest on the amount due at the rate of five percent (5%) until paid in full. All late fees and interest payments shall be treated as part of, and subject to the same terms as, the Annual Fee under this MLA. 4.1.2 Additional Remedies. The late fee set forth in Section 4.1.1 above is not exclusive, and does not preclude the City from pursuing any other or additional remedies in the event that payments become overdue by more than thirty (30) days. 4.2.Electricity Charges. The Equipment must have its own electrical meter. Licensee is solely responsible for the payment to the utility service provider of all electrical utility charges that are attributable to the Equipment’s usage of electricity, including the cost of installing meters for any item of Equipment. Notwithstanding the foregoing, City, if feasible and subject to City’s prior written approval, which shall not be unreasonably withheld, will provide Licensee with use and access to City’s existing power supply, conduit or other form of infrastructure for the delivery of power to a Municipal Facility to allow Licensee to obtain electricity for the operation of Licensee’s Equipment with such electricity being paid for by Licensee, and subject to City charges and a separate agreement for access to conduit or other form of infrastructure. Notwithstanding the foregoing, the use of the following conduit and infrastructure shall not require a separate agreement: street light pull box, pole foundation conduit and street light service wire. 4.3.MLA Processing Payment. Within thirty (30) days following the Effective Date, Licensee shall pay to City, a one-time payment in the amount equal ATTY/AGR.2021.268/Crown Castle (Page 6 of 28)