Res 2004-135 - Laserfiche WebLink

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ARTICLE 8. TRANSFERS OF LICENSEE'S A TT ACHMENTS 8.01. If the City determines that a transfer of location of any of the Licensee's Attachments is necessary, the Licensee will allow the transfer. The City will, at its option and at the expense of the Licensee, either perform the transfer using City personnel or contractors, or require the Licensee to perform the transfer. If the City directs the Licensee to perform the transfer, the Licensee will complete the transfer within 30 days after receiving notice from the City. Ifthe Licensee fails to complete the transfer within that time, the City may assess liquidated damages against the Licensee in the amount specified in Appendix A. In addition, the Licensee will be responsible for all costs if the City or its contractors perform the transfer or are required to come back to a Pole as a result of the Licensee's failure to take timely action; 8.02. If the City performs a transfer, the City will bill the Licensee for the costs, including administrative costs, plus any applicable liquidated damages as specified in Section 8.01. ARTICLE 9. FACILITY MODIFICATIONS OR REPLACEMENTS 9.01. In the event that any Pole to which the Licensee desires to make an Attachment is inadequate to support or accommodate the Attachment in accordance with the Technical Specifications or the Applicable Standards, the City will notify the Licensee of the changes necessary to accommodate the Attachment. The Licensee will pay to the City the costs, including administrative costs, of making the changes. The City may require prepayment of the costs. 9.02. If the City receives Permit applications for Attachments to the same Pole from the Licensee and any Other Licensee within 30 days of one another, and accommodating their respective requests would require replacement or modification of the Pole, or rearrangement of existing Attachments, the City will endeavor to allocate the costs associated with the replacement or rearrangement among the applicants equitably. 9.03. The Licensee will pay for the cost of any replacing, strengthening, reinforcing or stabilizing of Poles, including the use of guying, determined by the City to be necessary to accommodate the Licensee's Attachments. 9.04. If, in replacing a Pole or rearranging Attachments on a Pole to accommodate the Licensee's Attachments, it becomes necessary to cut or trim any trees to clear the new location of the City Facilities, the Licensee will pay the cost of the tree cutting or trimming. During storm restoration activities, tree removal costs will be shared equally among all entities having Attachments to Poles in the vicinity of the affected trees. 9.05. The costs for any rearrangement, relocation and removal of the Licensee's Facilities or the replacement of a Pole will be allocated to the City, the Licensee and Other Licensees on the following basis: 10