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<br />Eligible Facilities Requests Policy (City of Pleasanton) page 25 / 26 <br />Approval, the approved plans and photo simulations incorporated into this EFR <br />Approval, all conditions associated with this EFR Approval, any ministerial <br />permits or approvals issued in connection with this EFR Approval and any <br />records, memoranda, documents, papers and other correspondence entered <br />into the public record in connection with the EFR Approval (collectively, <br />“Records”). If the permittee does not maintain such Records as required in this <br />condition, any ambiguities or uncertainties that would be resolved by inspecting <br />the missing Records will be construed against the permittee. The permittee <br />shall protect all Records from damage from fires, floods and other hazards that <br />may cause deterioration. The permittee may keep Records in an electronic <br />format; provided, however, that hard copies or electronic Records kept in the <br />City’s regular files will control over any conflicts between such City -controlled <br />copies or Records and the permittee’s electronic copies, and complete originals <br />will control over all other copies in any form. The requirements in this condition <br />shall not be construed to create any obligation for the City to create or prepare <br />any Records not otherwise required to be created or prepared other applicable <br />Laws. Compliance with the requirements in this condition shall not excuse the <br />permittee from any other similar record-retention obligations under applicable <br />Laws. <br /> <br />(23) Permit Revocation. Any EFR Approval granted under this policy or deemed <br />granted or deemed approved by the operation of law may be revoked in <br />accordance with the provisions and procedures in this condition. In addition to <br />any other remedies the City may have, the City may recall this EFR Approval <br />for review at any time due to complaints about noncompliance with applicable <br />Laws or any approval conditions attached to this EFR Approval after notice and <br />an opportunity to cure the violation is provided to the permittee. If the <br />noncompliance continues after notice and reasonable opportunity to cure the <br />noncompliance, the approval authority may revoke this EFR Approval or amend <br />these conditions as the approval authority deems necessary or appropriate to <br />correct any such noncompliance. Any revocation or amendment must be <br />supported by substantial evidence in the written record. Within fiv e business <br />days after the approval authority adopts a resolution to revoke the EFR <br />Approval, the approval authority shall provide the permittee with a written notice <br />that specifies the revocation and the reasons for such revocation and any <br />administrative appeal procedures. <br /> <br />(24) Cost Reimbursement. The permittee acknowledges and agrees that (A) the <br />permittee’s request for authorization to construct, install and/or operate the <br />collocated or otherwise modified wireless facility will cause the City to incur <br />costs and expenses; (B) the permittee shall be responsible to reimburse the <br />City for all actual and reasonable costs incurred in connection with the EFR <br />Approval, which includes without limitation costs related to application review, <br />permit issuance, site inspection and any other costs reasonably related to or <br />caused by the request for authorization to construct, install and/or operate the <br />collocated or otherwise modified wireless facility; (C) any application fees <br />Docusign Envelope ID: 51CE5BDE-55F1-4B3D-8865-17E5814CF0C5