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Res 2005-188
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Res 2005-188
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7/21/2006 2:56:50 PM
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7/21/2006 2:56:16 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
2005-188
Date
12/14/2005
Volume Book
164
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<br />I <br /> <br />I <br /> <br />I <br /> <br />remove the LIcensee's FacilIties and charge all costs for the removal to the LIcensee, or to treat <br />the LIcensee's facIlIties as abandoned and to assume ownershIp and use of the facIlIties. <br /> <br />ARTICLE 13. INSPECTION OF LICENSEE'S FACILITIES <br /> <br />13 01 The LIcensor reserves the nght to make penodIc mspectIOns of the LIcensee's FacIlIties, <br />wIth LIcensor personnel or through contractors. The LIcensee wIll reImburse the LIcensor for the <br />actual cost of the mspectIOns on a pro rata basIs, based on the number of Attachments. Unless an <br />mspectIOn IS preCIpItated by reasonable safety conSIderations commUnIcated to LIcensee m <br />wrItten advance notIce, LIcensee's reImbursement oblIgatIOn shall be lImIted to mspectIOns made <br />not more than once every five (5) years. <br /> <br />13 02 The LIcensor WIll gIve the LIcensee reasonable advance wrItten notice of mspectIOns, <br />except m mstances where safety conSIderatIOns Justify the need for mspectIOns WIthout notice <br /> <br />13 03 If an mspectIon results m a findmg by the Licensor of a VIOlatIOn of thIS Agreement or a <br />defiCIency m an Attachment of the LIcensee, the LIcensee wIll correct the defiCIency wIthm 10 <br />busmess days of receIpt of notice from the LIcensor, unless a shorter or longer penod for <br />correctIOn IS reqUIred for Just cause and IS stated m the notice or IS agreed to by both partIes. <br /> <br />13 04 The makmg of penodIc mspectIOns by the LIcensor, or the faIlure to do so, wIll not <br />operate to Impose upon the LIcensor any lIabIlIty of any kmd whatsoever, or relIeve the LIcensee <br />of ItS sole and complete responsibIlIty for the LIcensee's FaCIlItIes. <br /> <br />ARTICLE 14. UNAUTHORIZED OCCUPANCY OR ACCESS <br /> <br />1401 If any Attachment of the LIcensee, mcludmg overlashmg by a thIrd-party, IS found on any <br />LIcensor's Pole and does not have a current valId PermIt, the LIcensor wIll be authonzed to <br />exerCIse any or all of the followmg: <br /> <br />A. Assessment of an unauthonzed attachment fee as speCIfied m AppendIX A. <br /> <br />B Removal of the unauthonzed Attachment and chargmg all of the removal costs to the <br />LIcensee. <br /> <br />C TermmatIon OfthIS Agreement, prOVIded that LIcensor shall first gIve Licensee wrItten <br />notice of the unauthonzed occupancy or access and the opportumty to correct same by submIttmg <br />a PermIt to LIcensor wIthm 30 days of receIpt of saId wrItten notice. <br /> <br />1402 No act or faIlure to act by the LIcensor WIth regard to unauthonzed attachments wIll be <br />deemed as a ratificatIOn of the unauthonzed use, and If any PermIt for the facilIties IS <br />subsequently Issued, the PermIt wIll not operate retroactively or constItute a waiver by LIcensor <br />of any of ItS nghts under thIS Agreement or otherwIse. The LIcensee wIll be subJect to all <br />lIabIlIties, oblIgatIOns and responsibIhtIes WIth regard to unauthonzed attachments from the time <br />of theIr mstallatlOn. <br /> <br />14 <br />
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