Ordinance 3511-16 - Laserfiche WebLink

underground Facilities from the City at Grantee s sole expense within a reasonable period of time as determined by the City. In removing its Facil ties, plant, structures and equipment, Grantee shall backfill at its own expense any excavation m. - by it and shall restore all Rights-of-Way, public places and private property to the same conditi i n as that prevailing prior to Grantee's removal of its equipment without affecting the electrical or ta.ephone wires or attachments. The indemnification and insurance provisions and the Assurance, is applicable, shall remain in full force and effect during the period of removal, and Grantee s call 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 ca se 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 Ass -ance 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 t ce existence of other remedies identified in this Franchise nor the exercise thereof shall be dee ied to bar or otherwise limit the right of the City to recover monetary damages for such violati o ns by Grantee, or to seek and obtain judicial enforcement of Grantee's obligations by me: s of specific performance, injunctive relief or mandate, or any other remedy at law or in equi . 11.5. Failure to Construct or Ac•uire This Franchise terminates without further acti i n by the City, notice of default, or opportunity to cure, if Grantee fails to apply for permits, co unence construction, or acquire existing Facilities within on hundred and eighty (180) days of Elie effective date of this Franchise as provided in section 3.3. 12. FRANCHISE TRANSFER A. The Franchise granted by the City and the entire Telecommunications System in the public rights of way of the City subject to the Fr. chise shall not be leased, assigned, or otherwise alienated without the express consent of the c'y by ordinance. This Section in no way prevents or prohibits Grantee from leasing portions of is dark fiber in accordance with its business plan for the provision of Telecommunications Se 'ices to the general public. No dealing with the lessee or assignee on the part of the city to req ire the performance of any act or payment of any compensation by the lessee or assignee shall b° deemed to operate as such consent. The Grantee shall promptly notify the City of any actual or p•oposed 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 alien ition of the Franchise and the Telecommunications System in the public rights of way of the Franc rise shall make a written request to the City for its approval of a sale or transfer and furnish all i formation required by law and the City. Nothing 27 of 31