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disturbance or damage may create a risk to public health or safety, cause the repairs to be made and <br /> recover the actual cost (including, without limitation, City staff costs) of those repairs from the <br /> Grantee. Within thirty (30) days of receipt of an itemized list of those costs, including the costs of <br /> labor,materials and equipment,the Grantee shall reimburse the City. <br /> 8.11.3. Private Property <br /> Upon completion of the work that caused any disturbance or damage, Grantee shall promptly <br /> commence restoration of private property, and will use its best efforts to complete the restoration <br /> within seventy-two (72)hours,considering the nature of the work that must be performed. <br /> 8.12. Discontinuing Use/Abandonment of Facilities <br /> Whenever Grantee intends to discontinue using any Facility within the Rights-of-Way, Grantee shall <br /> submit for the City's approval a complete description of the Facility and the date on which Grantee <br /> intends to discontinue using the Facility. Grantee may remove the Facility or request that the City <br /> permit it to remain in place. Notwithstanding Grantee's request that any such Facility remain in place, <br /> the City may require Grantee to remove the Facility from the Right-of-Way or modify the Facility to <br /> protect the public health,welfare,safety,and convenience,or otherwise serve the public interest. The <br /> City may require Grantee to perform a combination of modification and removal of the Facility. <br /> Grantee shall complete such removal and/or modification within one hundred and twenty(120) days <br /> after the date of discontinued use, and restore the site to its pre-existing condition, reasonable wear <br /> and tear excepted. In its sole discretion, the City may set a different removal and/or modification <br /> schedule that is reasonable based on the type and amount of work to be completed. In such event,the <br /> City's schedule will supersede the one hundred and twenty (120) default time-period referenced <br /> above. Until such time as Grantee removes or modifies the Facility as directed by the City, or until <br /> the rights to and responsibility for the Facility are accepted by City or another Person having authority <br /> to assume such Facility, Grantee shall be responsible for all necessary repairs and relocations of the <br /> Facility,as well as maintenance of the Right-of-Way,in the same manner and degree as if the Facility <br /> were in active use, and Grantee shall retain all liability for such Facility. If Grantee abandons its <br /> Facilities,the City may choose to use such Facilities for any purpose whatsoever. <br /> 8.13. Reservation of City Use of Right-of-Way <br /> Nothing in this Franchise shall prevent the City or public utilities owned,maintained or operated by <br /> public entities other than the City from constructing sewers;grading,paving,repairing or altering any <br /> Right-of-Way; laying down, repairing or removing water mains; or constructing or establishing any <br /> other public work or improvement. All such work shall be done, insofar as practicable, so as not to <br /> obstruct,injure or prevent the use and operation of Grantee's Telecommunications System. <br /> 8.14. Tree Trimming <br /> Grantee may prune or cause to be pruned,using proper pruning practices,any tree in the City's Rights- <br /> of-Way which interferes with Grantee's Telecommunications System. Grantee shall comply with any <br /> ordinance or regulations of the City regarding tree trimming. Except in emergencies, Grantee may <br /> not prune trees at a point below thirty(30)feet above sidewalk grade until one(1)week written notice <br /> has been given to the owner or occupant of the premises abutting the Right-of-Way in or over which <br /> the tree is growing. The owner or occupant of the abutting premises may prune such tree at his or her <br /> Seattle SMSA Limited Partnership <br /> (Verizon Wireless) <br /> Small Cell Franchise 22 of 33 <br />