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<br />SKYBRIDGE ORDINANCE - 2 <br />Section 2. Compensation to City. As compensation to the City for the permissions granted under <br />this Ordinance, Grantee shall pay to the City a one-time payment in the amount of five thousand dollars <br />($5,000) (the “One-Time Fee”). The One-Time Fee covers the City’s administrative costs, including <br />without limitation publication costs. Grantee shall pay the One-Time Fee with Grantee’s acceptance of <br />this Ordinance. <br />Section 3. Term. The permissions granted to Grantee are effective as of the effective date of this <br />Ordinance and expire twenty-five (25) years thereafter, unless terminated earlier pursuant to the <br />provisions of this Ordinance (the “Term”). <br />Section 4. Use of Right-of-Way. All use of the Skybridge and all permissions granted under this <br />Ordinance are non-exclusive and at all times subject to the right of the City to use right-of ways <br />(including without limitation 80th Street SW) for public travel, utilities, and other public purposes. All <br />use of the Skybridge and all permissions granted under this Ordinance shall be in a manner that <br />minimizes interference with the use by the City and the public of City rights-of-way. Grantee shall at its <br />sole expense conform to all applicable laws, regulations, permits or requirements of any public authority <br />affecting the use of the Skybridge. Upon request, Grantee shall deliver to the City copies of any such <br />permits. <br />Section 5. Protection of Utilities. Grantee shall pay all costs of any protection, support or <br />relocation of existing utilities deemed necessary by the owners of utilities affected by operation and <br />maintenance of the Skybridge. Grantee is solely responsible for any damage to any utilities due to the <br />maintenance and operation of the Skybridge. <br />Section 6. Conflict with Future Installations of the City <br />A. Interference Notice. If the City determines that the space occupied by the Skybridge is <br />necessary for any public use and benefit and that the Skybridge interferes with such public use and <br />benefit, then the City shall deliver notice thereof to Grantee (the “Interference Notice”). The City shall <br />deliver the Interference Notice to Grantee together with preliminary plans and specifications that <br />identify the potential interference. <br /> B. Grantee Election. Within ninety (90) days after delivery of the Interference Notice (the <br />“Election Period”), Grantee shall elect to either (1) modify, relocate or remove the Skybridge <br />improvements at Grantee’ sole expense, so as to remove the interference to the City’s satisfaction, or <br />(2) reimburse the City for all added costs related to such interference, including without limitation <br />added costs of design, construction, and installation. The Director may extend the Election Period at the <br />request of Grantee. If Grantee elects (1), Grantee shall commence work and shall diligently prosecute <br />the modification, relocation or removal work to completion in accordance with a construction schedule <br />reasonably established by the City. If Grantee fails to commence, prosecute, and complete such work in <br />accordance with such schedule, the City at Grantee’ sole expense may enter Grantee property and <br />undertake the work on behalf of Grantee. If Grantee elects (2), Grantee shall give the City satisfactory <br />assurance of payment of added costs at the time Grantee delivers the notice of election and Grantee <br />shall reimburse the City for such added costs within thirty (30) days after delivery of an invoice from the