Res 2005-177 - Laserfiche WebLink

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I I I A. If any Attachmg EntIty, mcludmg the CIty, seeks to make an addItIonal Attachment er modIfy an existmg Attachment, and the actIOn reqUIres the rearrangement, relocatIOn or removal of eXIstmg facIlIties or the replacement of a Pole, the Attaching Entity Will bear the entue cost of the rearrangement, relocatIOn or removal of the eXIstmg facIlItIes on the Pole, as well as the costs of any new Pole reqUIred. In such cases where the CIty IS reclaImmg Reserved Space, however, the City will not be responsible for the cost of relocatIOn, rearrangement or removal of eXIstmg facihtIes of other Attaching EntItIes. B In all other cases, where the rearrangement, relocatIOn or removal of facIhtIes IS necessItated by an event that IS mdependent of any partIcular party, the CIty wIll allocate the costs of any rearrangement, relocatIOn and removal of Attachments eqUItably among all the Attachmg Entities. C If the CIty mtends to modIfy a Pole m a manner that affects the Licensee's Attachments on the Pole, the CIty will provIde the LIcensee WIth 30 days wrItten notIce before makmg the modIficatIOn to provIde the Licensee an opportumty to modIfy or add to ItS eXIstmg Attachment. ThIS notIce reqUIrement WIll not apply to routme mamtenance or emergency SItuatIOns. If the LIcensee adds to or modIfies the LIcensee's FacIlIties, the LIcensee wIll bear a portIOn of the costs mcurred by the CIty, as reasonably determmed by the CIty, m makmg the space on the Pole avaIlable to the Licensee. 906 No prOVlSlon of thIS Agreement will be construed to reqUIre the CIty to place or relocate any CIty FacihtIes for the 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 mto an agreement to purchase the Pole under SectIOn 10 02, the CIty will have the nght 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 faclhties. The LIcensee wIll notIfy the CIty m wrItmg wIthm 10 days of the date of the City's offer that the Licensee deSIres to purchase the offered facIhtIes. The LIcensee must then secure and dehver proof to the CIty of all necessary governmental approvals needed for the LIcensee to mdependently own and access the Pole If the LIcensee falls to secure the necessary governmental approvals, or If the CIty and the LIcensee fail to reach agreement on the terms of the sale wIthm 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