Res 2004-135 - Laserfiche WebLink

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A. Assessment of an unauthorized attachment fee of three times the current annual Attachment Fee for each attachment that is not properly permitted. B. Removal of the unauthorized Attachment and charging all of the removal costs to the Licensee. C. Termination ofthis Agreement. 14.02. No act or failure to act by the City with regard to unauthorized attachments will be deemed as a ratification of the unauthorized use, and if any Permit for the facilities is subsequently issued, the Permit will not operate retroactively or constitute a waiver by City of any of its rights under this Agreement or otherwise. The Licensee will be subject to all liabilities, obligations and responsibilities with regard to unauthorized attachments from the time of their installation. ARTICLE 15. BOND REQUIREMENTS 15.01. The Licensee agrees to submit to the City, and keep in full force and effect, a surety bond in the greater of the following amounts: 1) $25,000, or 2) the total amount of all Attachment Fees due under this Agreement as of the date of the bond times 1.2. The initial bond must be submitted to the City within 30 days of the date of this Agreement. The bond must be renewed and submitted annually to the City on or before 30 days before each anniversary of the date of this Agreement. The term of each bond must be for a period of one year. The form of the bond and the identity of the surety are subject to approval by the City. The bond must guarantee payment of all sums that may become due to the City under this Agreement, including, but not limited to, the cost of removal of the Licensee's Facilities under all circumstances in which the City may charge that cost to the Licensee. The Licensee agrees to maintain the surety bond in full force and effect during the entire term of this Agreement and until the City is reimbursed for all amounts due from the Licensee to the City under this Agreement. The amount of the bond will not limit the obligations of the Licensee under this Agreement. 15.02. The City, at its sole discretion, may require the Licensee to prepay the Attachment Fees for all new Attachments of the Licensee at the rate specified in Appendix A. ARTICLE 16. LIABILITY, WARRANTIES AND INDEMNITY 16.01. The City reserves to itself the right to maintain and operate the Poles in a manner that best enables the City to fulfill its own service requirements. The City will endeavor to exercise reasonable precaution to avoid damaging the Licensee's Facilities, arid to make a report to the Licensee of the occurrence of any such damage caused by the City or its officers, employees, agents or contractors. The City will reimburse the Licensee for reasonable costs incurred by the Licensee for the physical repair of the Licensee's Facilities damaged by the negligence of the City, unless the damage arises in connection with a failure by the Licensee to comply with any provision of this Agreement. The City will not be liable to the Licensee or to any third party for any interruption of the Licensee's services or for interference with the operation of the Licensee's Facilities. The City will not be liable to the Licensee or any third party for any special, indirect, 14