2021/01/27 Council Agenda Packet

providers. If the co -location of another user on the pole will, in the City's sole discretion, create a negative visual impact on the surrounding neighborhood, the City may waive this co -location requirement. If Grantee and the City disagree on whether co -location under this Section is technically feasible or creates a negative impact on the surrounding neighborhood, the City's determination will control. E. In order to minimize disruption to the Rights -of -Way, the City may require Grantee and other third parties to coordinate the installation of conduit and other underground facilities in the same trench or location and to apportion costs in accordance with same. F. This Franchise does not grant, give or convey to the Grantee the right or privilege to install its Facilities in any manner on specific utility poles or equipment of the City or any other Person. 8.10. Repair and Restoration of Property 8.10.1. General A. The Grantee shall protect public and private property from damage. If damage occurs, the Grantee shall promptly notify the property owner within twenty-four (24) hours in writing. B. Whenever Grantee disturbs or damages any Right -of -Way, other public property, or any private property, Grantee shall promptly restore the Right -of -Way or property to at least its prior condition, normal wear and tear excepted, at its own expense. The provisions of this Section 8.10 shall survive the expiration, revocation, or termination of this Franchise. 8.10.2. RIGHTS-oF-Way and Other Public Property Grantee shall warrant any restoration work performed by or for Grantee in the Right -of -Way or on other public property for two (2) years. If restoration is not satisfactorily performed by the Grantee within a reasonable time, the City may, after prior notice to the Grantee, or without notice where the disturbance or damage may create a risk to public health or safety, cause the repairs to be made and recover the cost of those repairs from the Grantee. Within thirty (30) days of receipt of an itemized list of those costs, including the costs of labor, materials and equipment, the Grantee shall pay the City. 8.10.3. Private Property Upon completion of the work that caused any disturbance or damage, Grantee shall promptly commence restoration of private property, and will use its best efforts to complete the restoration within seventy-two (72) hours, considering the nature of the work that must be performed. 8.11. Discontinuing Use/Abandonment of Facilities Whenever Grantee intends to discontinue using any Facility within the Rights -of -Way, Grantee shall provide to the City advance notice of the date on which Grantee intends to discontinue using the Facility. Grantee may remove the Facility or request that the City permit it to remain in place. Notwithstanding Grantee's request that any such Facility remain in place, the City may require {DPK2242501.DOCX;4/13113.000007/ } Wireline Franchise 20 of 30