2018/10/10 Council Agenda Packet

C. The City shall make a reasonable effort to give Grantee ten(10)business days'prior written notice of any withdrawal under this subsection. Within thirty (30) days following receipt of such notice, Grantee :shall restore the Assurance to the amount required under this Franchise. Grantee's maintenance of the Assurance shall not be construed to excuse unfaithful performance by Grantee or to limit the liability of Grantee to the amount of the Assurance or otherwise to limit the City's recourse to any other remedy available at law or equity. D. Grantee shall have the right to appeal to the Finance Director for reimbursement in the event Grantee believes that the Assurance was drawn upon improperly. Grantee shall also have the right of judicial appeal if Grantee believes the Assurance has not been properly drawn upon in accordance with this Franchise. Any funds the City erroneously or wrongfully withdraws from the Assurance shall be returned to Grantee with interest,from the date of withdrawal at a rate equal to the prime rate of interest as quoted in the Wall Street Journal. 9. RELOCATION AND MOVEMENT OF FACILITIES 9.1. Movement of Telecommunication Facilities For City Purposes A. The City shall have the right to require Grantee to adjust, secure, relocate, remove,replace, modify or disconnect Grantee's Facilities and equipment located in the Rights-of-Way or on any other property of the City in the event of an emergency or when reasonable public convenience requires such change (for example,without limitation,by reason of traffic conditions,public safety,Right-of- Way vacation, Right-of-Way construction, change or establishment of Right-of-Way grade, construction, maintenance, or removal of traffic signals, light poles, or other infrastructure, installation of sewers,drains,gas or water pipes,or any other types of structures or improvements by the City for public purposes). Such work shall be performed at the Grantee's expense. Except during an emergency, the City shall provide reasonable notice to Grantee, no fewer than five (5)business days, and allow Grantee the opportunity to perform such action. In the event of any capital improvement project exceeding $500,000 in expenditures by the City that requires the adjustment, securement, removal, replacement, modification or disconnection of Grantee's Facilities or equipment, the City shall provide at least sixty (60) days' written notice to Grantee. Following reasonable notice by the City, Grantee shall relocate, remove, replace, modify, adjust, secure, or disconnect any of its Facilities or equipment within any Right-of-Way, or on any other property of the City. If the City requires Grantee to relocate its Facilities located within the Rights-of-Way,the City shall make a reasonable effort to provide Grantee with a mutually acceptable alternate location within the Rights-of-Way. If funds are generally made available to users of the Rights-of-Way for such relocation, Grantee shall be entitled to its pro rata share of such funds. The provisions of this Section shall survive the expiration, revocation, or termination of this Franchise; provided that relocation shall not be required after the expiration of this Franchise if the City consents to the Grantee abandoning its facilities in place. B. If the Grantee fails to complete this work within the time prescribed and to the City's satisfaction, the City may cause such work to be done after providing written notice to Grantee and bill the cost of the work to the Grantee,including all costs and expenses incurred by the City due to Grantee's delay. In such event, the City shall not be liable for any damage to any portion of Grantee's Seattle SMSA Limited Partnership (Verizon Wireless) Small Cell Franchise 240 33