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authorization to construct, install and/or operate the wireless facility; (C) any <br /> application fees required for the application may not cover all such <br /> reimbursable costs and that the permittee shall have the obligation to reimburse <br /> the City for all such costs within 10 business days after a written demand for <br /> reimbursement and reasonable documentation to support such costs; and (D) <br /> the City shall have the right to withhold any permits or other approvals in <br /> connection with the wireless facility until and unless any outstanding costs have <br /> been reimbursed to the City by the permittee. <br /> (26) Truthful and Accurate Statements. The permittee acknowledges that the <br /> City's approval relies on the written and/or oral statements by permittee and/or <br /> persons authorized to act on permittee's behalf. In any matter before the City <br /> in connection with this permit or the wireless facility, neither the permittee nor <br /> any person authorized to act on permittee's behalf shall, in any written or oral <br /> statement, intentionally provide material factual information that is incorrect or <br /> misleading or intentionally omit any material information necessary to prevent <br /> any material factual statement from being incorrect or misleading. <br /> (27) Successors and Assigns. The conditions, covenants, promises and terms <br /> contained in this permit will bind and inure to the benefit of the City and <br /> permittee and their respective successors and assigns. <br /> (28) Severable Conditions. If any provision in these conditions or such provision's <br /> application to any person, entity or circumstances is or held by any court with <br /> competent jurisdiction to be invalid or unenforceable: (A) such provision or its <br /> application to such person, entity or circumstance will be deemed severed from <br /> this permit; (B) all other provisions in this permit or their application to any <br /> person, entity or circumstance will not be affected; and (C) all other provisions <br /> in this permit or their application to any person, entity or circumstance will be <br /> valid and enforceable to the fullest extent permitted by law. <br /> (b) Modified Conditions. The approval authority (or appellate authority) may modify, <br /> add or remove conditions to any permit on a case-by-case basis as the approval <br /> authority (or appellate authority) deems necessary or appropriate to: (1) protect <br /> and/or promote the public health, safety and welfare; (2) tailor the standard <br /> conditions in subsection (a) to the particular facts and circumstances associated <br /> with the deployment; and/or (3) memorialize any changes to the proposed <br /> deployment needed for compliance with this policy, the Municipal Code, generally <br /> applicable health and safety requirements and/or any other applicable Laws. <br /> Section 14. AMORTIZATION <br /> Any nonconforming wireless facilities in existence at the time this policy becomes <br /> effective must be brought into conformance with this policy in accordance with the <br /> amortization schedule in this section. As used in this section, the "fair market value" will <br /> be the construction costs listed on the building permit or application for the subject <br /> Wireless Telecommunications Facilities Policy (City of Pleasanton) page 34/37 <br />