Res 2005-177 - Laserfiche WebLink

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I I I A. Assessment of an unauthonzed attachment fee of three tImes the current annual Attachment Fee for each attachment that IS not properly permItted. B Removal of the unauthonzed Attachment and chargmg all of the removal costs to the LIcensee C TermmatIOn of thIS Agreement. 1402 No act or faIlure to act by the CIty WIth regard to unauthonzed attachments WIll be deemed as a ratIficatIOn of the unauthonzed 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 nghts under thIS Agreement or otherwIse The LIcensee wIll be subJect to all habIhtIes, obhgatIOns and responsibIhtIes WIth regard to unauthonzed attachments from the tIme of theIr mstallatIOn. ARTICLE 15. BOND REQUIREMENTS 1501 The Licensee agrees to submIt to the CIty, and keep m full force and effect, a surety bond m the greater of the followmg 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 ImtIaI bond must be submItted to the CIty WItilln 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 anmversary of the date of tills Agreement. The term of each bond must be for a penod 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, mcludmg, but not hmIted to, the cost of removal of the LIcensee's FacihtIes under all circumstances m willch the CIty may charge that cost to the LIcensee. The Licensee agrees to mamtam the surety bond m full force and effect dunng 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 hmIt the obhgatIOns of the LIcensee under thIS Agreement. 1502. 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 m AppendIX A. ARTICLE 16. LIABILITY, WARRANTIES AND INDEMNITY 16 01 The CIty reserves to Itself the nght to mamtam and operate the Poles m a manner that best enables the City to fulfill ItS own service reqUIrements. The CIty wIll endeavor to exerCIse reasonable precautIon to aVOId damagmg the Licensee's FacIlItIes, and 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 mcurred by the LIcensee for the phYSIcal repaIr of the LIcensee's FacihtIes damaged by the neghgence of the CIty, unless the damage anses m connectIOn WIth a faIlure by the LIcensee to comply WIth any prOVlSlon of thIS Agreement. The CIty wIll not be liable to the LIcensee or to any thIrd party for any mterruptIOn ofthe Licensee's services or for mterference WIth the operatIOn ofthe LIcensee's FacIlIties. The CIty wIll not be hable to the Licensee or any thIrd party for any speCial, mdIrect, 14