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2018/10/10 Council Agenda Packet
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2018/10/10 Council Agenda Packet
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Council Agenda Packet
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10/10/2018
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shall promptly take all reasonable steps to cure the default and notify the City in writing and <br /> in detail as to the exact steps that will be taken and the projected completion date. In such <br /> case, the City may set a meeting as provided below to determine whether additional time <br /> beyond the thirty(30)days specified above is indeed needed,and whether Grantee's proposed <br /> completion schedule and steps are reasonable. <br /> C. If Grantee does not cure the alleged default within the cure period stated above,or by the projected <br /> completion date, or denies the default and requests a meeting in accordance, or the City orders a <br /> meeting in accordance with subsection(B), the City shall set a meeting to investigate said issues or <br /> the existence of the alleged default. The City shall notify Grantee of the meeting in writing and such <br /> meeting shall take place no fewer than thirty(30)days after Grantee's receipt of notice of the meeting. <br /> D. If,after the meeting,the City determines that default exists,the City shall order Grantee to correct <br /> or remedy the default or breach within fifteen(15) days or within such otherreasonable time as the <br /> City shall determine. In the event Grantee does not cure within such time frame to the City's <br /> reasonable satisfaction,the City may: <br /> (1) Withdraw an amount from the Assurance as monetary damages; <br /> (2) Revoke and terminate this Franchise;and <br /> (3) Take any other legal or equitable remedy available under this Franchise or any applicable law. <br /> These remedies are cumulative and not exclusive. <br /> E. If,pursuant to this section 11.1,the City determines that a violation of this franchise has occurred, <br /> such determination may be appealed to Finance Director or review by a court of competent <br /> jurisdiction under applicable law. <br /> 112 Termination <br /> A. In addition to revocation or termination in accordance with other provisions of this Franchise,the <br /> City may terminate this Franchise and all rights and privileges associated with this Franchise in the <br /> procedure described in this Section 11.2. <br /> B. If Grantee has not already had an opportunity to cure a default pursuant to subsection 11.1,the <br /> City shall give written notice to the Grantee of its intent to terminate the Franchise prior to its <br /> termination of the Franchise. The notice shall set forth the nature of the noncompliance or default. <br /> Grantee shall have thirty(30) days from such notice to object in writing and to state its reasons for <br /> such objection and provide any explanation. In the event the City has not received a satisfactory <br /> response from Grantee, it may then seek a termination of the Franchise by the City Council in <br /> accordance with this subsection. <br /> C. Any proceeding to terminate this Franchise shall be conducted by the City Council and open to <br /> the public. Grantee shall be afforded at least forty-five (45) days prior written notice of such <br /> proceeding. <br /> Seattle SMSA Limited Partnership <br /> (Verizon Wireless) <br /> Small Cell Franchise 2§of 33 <br />
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