8D Consent 2009 1005 - Laserfiche WebLink

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REMOVAL AND RELOCATION 11. MCI shall remove or relocate, without cost or expense to City, any Fiber Optic Network Facilities installed, used, operated and maintained under this Agreement if and when made necessary by any lawful change of grade, aligrunent or width of any street, including the construction, maintenance or operation of any underground subway or viaduct by City and/or the construction, maintenance or operation of any other City underground or aboveground facilities. In the event all or any portion of said Public Right-of--Way occupied by said Fiber Optic Network Facilities shall be needed by City or in the event the existence of said Fiber Optic Network Facilities shall be detrimental to governmental activities, including but not limited to, interference with City construction projects, or is in conflict vertically and/or horizontally with any proposed City installation, MCI shall remove and relocate said Fiber Optic Network Facilities to such other location or locations on said Public Right-of--Way as rna~ be agreed to by parties. Said removal or relocation shall be completed within one hundred twenty (120) days of notification by City. In the event said Fiber Optic Network Facilities are not removed or relocated within one hundred twenty (120) days after said notification, City may cause the same to be done at the sole expense of MCI. 12. If any portions of the Fiber Optic Network Facilities covered under this Agreement are no longer used by MCI, or are abandoned for a period in excess of six (6) months, MCI shall notify City and shall either promptly vacate and remove the Facilities at its own expense or, with City's approval, may abandon some or all of the Facilities in place. After such removal or abandonment, MCI shall have no further obligations to the City. 13. When removal or relocation are required under this Agreement, MCI shall, after the removal or relocation of the Fiber Optic Network Facilities, at its own cost, repair and return the Public Right-of--Way or public utility or service easements on which the Facilities were located to a safe and satisfactory condition in accordance with the construction-related conditions and specifications as established by City according to its standard practice. Should MCI remove the Fiber Optic Network Facilities from the Public Right-of--Way, MCI shall, within ten (10) days after such removal, give notice thereof to City specifying the Public Right-of--Way affected and the location thereof as well as the date of removal. Before proceeding with removal or relocation work, MCI shall obtain a street excavation permit from the City. ENCROACHMENT PERMIT AND FEES 14. MCI shall apply for an Encroachment Permit for all work and each job within the Public Right-of--Way. MCI shall furnish detailed plans of the work and other such information as required by the Engineering and Transportation Department Director and shall pay all processing, field marking, engineering and inspection fees prior to issuance of a permit in accordance with the rate in effect at the time of payment. MCI shall submit a traffic control plan for approval to the Engineering and Transportation Department, Traffic Engineering Division. MCI shall also submit, when applicable, a copy of MCPs Caltrans pernlit to the Engineering and Transportation Department Director. Said improvements shall be constructed and installed in accordance with plans and specifications approved by the Engineering and Transportation Department Director, the San Leandro Standard Specifications and Details, and as further Encroachment Agreement Page 5 of 12 Rev: ll/30/94, 11/13/95