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record, which includes without limitation the EFR Approval application, EFR <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 /> (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 five 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 /> (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 /> Eligible Facilities Requests Policy (City of Pleasanton) page 25/26 <br />