Res 2011-121 - Laserfiche WebLink

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C. In all other cases, where the rearrangement, relocation or removal of facilities is necessitated by an event that is independent of any particular party, the City will allocate the costs of any rearrangement, relocation and removal of Attachments equitably among all the Attaching Entities. Section 9.06. If the City intends to modify a Pole in a manner that affects the Licensee's Attachments on the Pole, the City will provide the Licensee with 30 days written notice before making the modification to provide the Licensee an opportunity to modify or add to its existing Attachment. This notice requirement will not apply to routine maintenance or emergency situations. If the Licensee adds to or modifies the Licensee's Facilities, the Licensee will bear a portion of the costs incurred by the City, as reasonably determined by the City, in making the space on the Pole available to the Licensee. Section 9.07. No provision of this Agreement will be construed to require the City to place or relocate any City Facilities for the benefit of the Licensee. ARTICLE 10. ABANDONMENT OR RELOCATION OF POLES Section 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 into an agreement to purchase the Pole under Section 10.02, the City will have the right to remove or transfer the Licensee's Facilities at the Licensee's expense. Section 10.02. If the City wishes to abandon 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 facilities. The Licensee will notify the City in writing within 10 days of the date of the City's offer that the Licensee desires to purchase the offered facilities. The Licensee must then secure and deliver proof to the City of all necessary governmental approvals needed for the Licensee to independently own and access the facilities. If the Licensee fails to secure the necessary governmental approvals, or if the City and the Licensee fail to reach agreement on the terms of the sale within 30 days after the date of the City's offer, the Licensee will remove its attachments from the Pole as required under Section 10.01 of this Article. Section 10.03. The City will give the Licensee 30 days written notice of the need to remove any of the Licensee's Attachments by reason of any Federal, State, County, Municipal or other governmental requirement, or the requirement of a property owner, and the Licensee will remove the affected Attachments promptly within that time period. If the Licensee fails to remove the Licensee's Facilities from the City Facilities during that time, the City may remove the facilities at the Licensee's expense. Section 10.04. If the Licensee does not remove the Licensee's Facilities as required under Sections 10.01 or 10.03, City may remove such Licensee Attachments with no liability of City to Licensee for damage to Licensee's Attachments and may invoice Licensee for the expense in writing,. Within ten (10) Business Days of receipt of such invoice, Licensee shall compensate City in full. Any payment not made within such ten (10) day period shall be considered a Default under this Agreement. 12 CADocuments and Settings \tamara.slade\Local Settings \Temporary Internet Files \Content.Outlook \F3JWG5DH \San Marcos PAA FINAL CLEAN 10 17 201 l.docx