Ordinance 2613-02 - Laserfiche WebLink

(F) The Grantee and the City recognize that situations may occur in the future where the City may desire to place its own cable or conduit in trenches or bores opened by the Grantee as contrasted with having the Grantee make such installations for the City. The Grantee agrees to cooperate with the City in any construction by the Grantee that involves trenching or boring, provided that the City has first notified the Grantee in some manner that it is interested in sharing the trenches or bores in the area where the Grantee's construction is occurring. The Grantee shall allow the City to lay City cables and conduits in the Grantee's trenches and bores,provided the City shares in the cost of the trenching and boring on the same terms and conditions as the Grantee. The City shall be responsible for maintaining its respective cables and conduits buried in the Grantee's trenches and bores under this paragraph. 11.14 Repair and Restoration of Property (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. (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 to the reasonable satisfaction of the property owner. (C) 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 one (1) year. 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. 11.15 Discontinuing Use Whenever Grantee intends to discontinue using any facility within the Rights-of-Way, Grantee shall notify the City of its intent regarding such discontinuance. 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 Grantee to remove the facility from the Right-of-Way or modify the facility to protect the public health, welfare, safety, and convenience, or otherwise serve the public interest. The City may require Grantee to perform a combination of modification and removal of the facility. Grantee shall use its best efforts to complete such removal or modification in accordance with a schedule set by the City. Until such time as Grantee removes or modifies the facility as directed by the City, or until the rights to and responsibility for the facility are accepted by another Person having authority to construct and maintain such facility, Grantee shall be responsible for all necessary repairs and relocations of the facility, as well as maintenance of the Right-of-Way, in the same manner and degree as if the facility were in active use, and Grantee shall retain all liability for such facility. Page 38 of 58