Res 2005-177 - Laserfiche WebLink

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I I I 10 03 The CIty Will gIve the LIcens~e 30 days wrItten notice of the need to remove any of the LIcensee's Attachments by reason of any Federal, State, County, CIty or other governmental requirement, or the reqUIrement of a property owner, and the Licensee will remove the affected Attachments promptly wIthm that tIme penod. If the LIcensee faIls to remove the LIcensee's FacIlItIes from the CIty FacIlItIes dunng that tIme, the CIty may remove the facIhtIes at the LIcensee's expense. 10 04 The CIty may charge the LIcensee hqUIdated damages m the amount speCIfied m AppendIx A If the LIcensee does not remove the Licensee's FacIlItIes as reqUIred under SectIOns 10 01 - 10 03 The assessment of hquidated damages IS separate and apart from the CIty'S nght to enforce the proVISIOns of any performance bond reqUIred under thIS Agreement, and IS mtended to be m addItIOn to any other remedIes the CIty may have The partIes acknowledge that the amounts of actual damages for the LIcensee's faIlure to tImely remove the LIcensee's FacIlItIes wIll be dIfficult or Impossible to ascertam, that the damages set forth m thIS SectIon are a reasonable approxImatIOn of actual damages, and that the mtent of thIS SectIOn IS to prOVIde compensatIOn to the CIty and not to assess a penalty agamst the Licensee. ARTICLE 11. REMOVAL OF LICENSEE'S FACILITIES 11 01 At the expIration or any termmation of thIS Agreement or of a PermIt, the Licensee wIll remove the LIcensee's FacihtIes from the Poles at ItS own expense. If the Licensee faIls to remove the facIlItIes wIthm 90 days of the expIratIOn or termmatIOn, the City will have the nght to remove the Licensee's FacIlItIes and charge all costs for the removal to the Licensee, or to treat the Licensee's facIlItIes as abandoned and to assume ownershIp and use of the facIlitIes. 11 02. If state or federal law prevents the CIty from requmng the removal of the LIcensee's FacIlItIes upon termmatIOn of thIS Agreement, the CIty IS entItled to charge hqUIdated damages to the LIcensee m the amount speCIfied m AppendIX A. ThIS provlSlon for assessment of hqUIdated damages IS mtended to be separate and apart from the CIty'S nght to enforce the prOVISIOns of any performance bond reqUIred under thIS Agreement, and IS mtended to be m addItIon to any other remedIes the CIty may have The partIes acknowledge that the amounts of actual damages for the LIcensee's failure to remove the LIcensee's FacIhtIes wIll be dIfficult or Impossible to ascertam, that the damages set forth m thIS SectIOn are a reasonable apprOXimatIOn of actual damages, and that the mtent of thIS SectIOn IS to prOVIde compensatIOn to the CIty and not to assess a penalty agamst the LIcensee ARTICLE 12. TERMINATION OF PERMITS 12.01 Any PermIt Issued under thIS Agreement will automatIcally termmate when the Licensee ceases to have authonty to construct, mamtam and operate ItS FacIlItIes on pubhc or pnvate property at the locatIOn of the LIcensee's FacIhtIes covered by the PermIt. The termmatIOn of any franchise agreement between the CIty and the LIcensee wIll termmate the LIcensee's authonty under thIS SectIOn as to the prOVlSlon of all servIces other than TelecommumcatIOns ServIce through the LIcensee's Facihties wIthm CIty nght-of-way 12