Ordinance 2510-01 - Laserfiche WebLink

backfill at its own expense any excavation made by it and shall restore all Rights-of-Way, public places and private property to the same condition as that prevailing prior to Grantee's removal of its equipment without affecting the electrical or telephone wires or attachments. The indemnification and insurance provisions and the irrevocable letter of credit or performance bond, as applicable, shall remain in full force and effect during the period of removal, and Grantee shall not be entitled to, and agrees not to request, compensation of any sort therefor. B. If Grantee fails to complete any removal required by this subsection to the City's satisfaction, after written notice to Grantee, the City may cause the work to be done and Grantee shall reimburse the City for the costs incurred within thirty(30) days after receipt of an itemized list of the costs, or the City may recover the costs through the irrevocable letter of credit or performance bond, as applicable,provided by Grantee. 11.4. Alternative Remedies No provision of this Franchise shall be deemed to bar the right of the City to seek or obtain judicial relief from a violation of any provision of the Franchise or any rule, regulation, requirement or directive promulgated thereunder. Neither the existence of other remedies identified in this Franchise nor the exercise thereof shall be deemed to bar or otherwise limit the right of the City to recover monetary damages for such violations by Grantee, or to seek and obtain judicial enforcement of Grantee's obligations by means of specific performance, injunctive relief or mandate, or any other remedy at law or in equity. 11.5. Failure to Construct or Acquire This Franchise terminates without further action by the City, notice of default, or opportunity to cure, if Grantee fails to commence construction or acquire existing Facilities within ninety (90) days of the effective date of this Franchise as provided in section 3.3. 12. FRANCHISE TRANSFER A. The Franchise granted by the City and the Telecommunications System in the public rights of way of the City subject to the Franchise shall not be leased, assigned, or otherwise alienated without the express consent of the city by ordinance, and no dealing with the lessee or assignee on the part of the city to require the performance of any act or payment of any compensation by the lessee or assignee shall be deemed to operate as such consent. The Grantee shall promptly notify the City of any actual or proposed lease, assignment or other alienation of the Franchise and the Telecommunications System in the public rights of way of the City. The parties to the proposed lease, assignment or other alienation of the Franchise and the Telecommunications System in the public rights of way of the Franchise shall make a written request to the City for its approval of a sale or transfer and furnish all information required by law and the City. Nothing contained herein shall require the approval of the City for the provision of telecommunications services or service elements by Franchisee to any customer of Franchisee. B. The City shall act by ordinance on the request within one hundred twenty (120) days of the request, provided it has received all requested information. Subject to the foregoing, if the City 26 of 29