Res 2005-177 - Laserfiche WebLink

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I I I ARTICLE 8. TRANSFERS OF LICENSEE'S ATTACHMENTS 801 If the CIty determmes 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 usmg 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 receIvmg notIce from the City If the LIcensee faIls to complete the transfer wIthm that tIme, the CIty may assess hqUIdated damages agamst the LIcensee m the amount speCIfied m 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. 802 If the CIty performs a transfer, the CIty wIll bIll the LIcensee for the costs, mcludmg admmIstratIve costs, plus any apphcable hqUIdated damages as speCIfied m SectIOn 801 ARTICLE 9. FACILITY MODIFICATIONS OR REPLACEMENTS 9 OlIn the event that any Pole to whIch the LIcensee deSIres to make an Attachment IS madequate to support or accommodate the Attachment m accordance WIth the TechnIcal SpeCIficatIOns or the Apphcable Standards, the CIty WIll notIfy the Licensee of the changes necessary to accommodate the Attachment. The LIcensee wIll pay to the CIty the costs, mcludmg admInIstrative costs, of makmg 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 wIthm 30 days of one another, and accommodatmg theIr respectIve requests would reqUIre replacement or modIficatIOn of the Pole, or rearrangement of eXIstmg Attachments, the CIty wIll endeavor to allocate the costs assOCIated WIth the replacement or rearrangement among the apphcants eqUItably 9 03 The LIcensee wIll pay for the cost of any replacmg, strengthenmg, remforcmg or stabllIzmg of Poles, mcludmg the use of guymg, determmed by the CIty to be necessary to accommodate the LIcensee's Attachments. 9 04 If, m replacmg a Pole or rearrangmg Attachments on a Pole to accommodate the Licensee's Attachments, It becomes necessary to cut or tnm any trees to clear the new locatIOn of the CIty FacIlItIes, the LIcensee wIll pay the cost of the tree cuttmg or tnmmmg. Dunng storm restoratIOn actIVIties, tree removal costs wIll be shared equally among all entItIes havmg Attachments to Poles m the VICInIty of the affected trees. 905 The costs for any rearrangement, relocatIOn and removal of the LIcensee's FacihtIes or the replacement of a Pole wIll be allocated to the CIty, the LIcensee and Other LIcensees on the following baSIS 10