Res 2005-177 - Laserfiche WebLink

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I I I 2 13 The partIes acknowledge that tIvs Agreement IS the result of arms-length negotIatIOns, and that the rates, terms and condItIons set under thIS Agreement are Just and reasonable. ARTICLE 3. FEES AND CHARGES 3 01 The LIcensee WIll pay to the CIty the fees and charges speCIfied m AppendIX A, and all other costs and charges speCIfied m tills Agreement. 3 02 IrrespectIve of the date on whIch an Attachment IS actually made, all Attachment Fees wIll be calculated and payable for the entIre year m whIch a PermIt for the Attachment IS Issued. 3 03 The LIcensee WIll submIt to the City an annual mventory hstmg the locatIOns and number of the LIcensee's Attachments to the Poles. ThIS mventory wIll be for all Attachments m place on January 1st of each year and WIll be submItted to the CIty no later than February 1st of each year Overlashmg an eXIstmg Attachment WIll not be counted as a separate Attachment for calculatIOn of fees If the Licensee owns the overlashed cable and the new cable If Attachments of the LIcensee are IdentIfied that are not hsted on an mventory, the LIcensee wIll pay the CIty at three tImes the annual rate for the Attachments. 3 04 If the LIcensee faIls to submIt an mventory, the LIcensee wIll pay the CIty all costs associated WIth the CIty'S performance of an inventory of the LIcensee's Attachments. In addItIon, the LIcensee WIll pay the CIty an amount equal to two tImes the current annual rate for all attachments IdentIfied m the City's mventory for the year m willch the mventory IS completed. 3 05 The CIty wIll mVOIce the LIcensee for Attachment Fees annually The LIcensee will pay each mVOIce wIthm 30 days after the date of the mVOIce The LIcensee wIll pay all other charges assessed to the LIcensee by the CIty under thIS Agreement WIthin 30 days after the date the fee or charge is due. For fees and charges for which the City IS reqUIred to mvoice the Licensee, the fees or charges wIll be due 30 days after the date of the mVOIce If the CIty does not receIve any fee or charge owed by the LIcensee wIthm 30 days after the date of an mVOIce, the Licensee wIll pay mterest to the CIty on the past due amount, compounded daIly from the date due untIl the date paid, at the maXImum rate permItted by apphcable law 3 06 The CIty may make changes to the fees and charges set forth m AppendIX A WIth at least 120 days pnor wntten notIce to the LIcensee The LIcensee may termmate thIS Agreement at the end of a notIce period, if the change in fees and charges IS not acceptable to the LIcensee, by giving the CIty written notice of its election to termmate this Agreement at least 30 days pnor to the end of the notIce penod. All fees contamed in AppendIX A are m effect and payable untIl adJusted. 3 07 The LIcensee WIll bear all costs, mcludmg payment of all amounts due to the CIty, for Make-Ready Work reqUIred to accommodate the LIcensee's FacihtIes. 5