Res 2004-135 - Laserfiche WebLink

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A. If any Attaching Entity, including the City, seeks to make an additional Attachment or modify an existing Attachment, and the action requires the rearrangement, relocation or removal of existing facilities or the replacement of a Pole, the Attaching Entity will bear the entire cost of the rearrangement, relocation or removal of the existing facilities on the Pole, as well as the costs of any new Pole required. In such cases where the City is reclaiming Reserved Space, however, the City will not be responsible for the cost of relocation, rearrangement or removal of existing facilities of other Attaching Entities. B. In all other cases, where the rearrangement, relocation or removal of facilities is necessitated by an event that is independent of any particular party, the City will allocate the costs of any rearrangement, relocation and removal of Attachments equitably among all the Attaching Entities. C. If the City intends to modify a Pole in a manner that affects the Licensee's Attachments on the Pole, the City will provide the Licensee with 30 days written notice before making the modification to provide the Licensee an opportunity to modify or add to its existing Attachment. This notice requirement will not apply to routine maintenance or emergency situations. If the Licensee adds to or modifies the Licensee's Facilities, the Licensee will bear a portion of the costs incurred by the City, as reasonably determined by the City, in making the space on the Pole available to the Licensee. 9.06. No provision of this Agreement will be construed to require the City to place or relocate any City Facilities forthe benefit of the Licensee. ARTICLE 10. ABANDONMENT, CHANGE-OUT AND REMOVAL OF LICENSEE'S FACILITIES 10.01. If the City wishes to abandon or relocate a Pole to which the Licensee has Attachments, the City will give at least 30 days written notice to the Licensee. If the Licensee does not remove or transfer all of the Licensee's Facilities from the Pole, and the Licensee has not entered into an agreement to purchase the Pole under Section 10.02, the City will have the right to remove or transfer the Licensee's Facilities at the Licensee's expense. 10.02. If the City wishes to abandon or relocate a Pole to which the Licensee has Attachments, the City may, at its sole discretion, offer to sell the Pole to the Licensee at the then present market value of the facilities. The Licensee will notify the City in writing within 10 days of the date of the City's offer that the Licensee desires to purchase the offered facilities. The Licensee must then secure and deliver proof to the City of all necessary governmental approvals needed for the Licensee to independently own and access the Pole. If the Licensee fails to secure the necessary governmental approvals, or if the City and the Licensee fail to reach agreement on the terms of the sale within 30 days after the date of the City's offer, the Licensee will remove its attachments from the Pole as required under Section 10.02. 11