8D Consent Calendar 2018 0917 - Laserfiche WebLink

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19 instance based on the scope and nature of the alterations to be made. All alterations must be at Licensee’s sole expense in accordance with plans and specifications approved by the City and be performed only by duly licensed and bonded contractors or mechanics. 8.2 Title to Improvements and Removal of Licensee’s Equipment. Except as otherwise provided in this Master License, the City has no claim of ownership of Licensee’s Equipment installed on the License Area, but any structural improvements to a City Pole, replacement of a City Pole, installation of an Integrated Pole, or installation of fiber-optic cable owned by Licensee, as approved by the City, made by Licensee will become City Property and remain on the Pole Location should Licensee vacate or abandon use of the City Pole. Licensee may remove all of its Equipment (which excludes structural improvements to or replacement of any City Pole) from the License Area after 30 days’ prior notice to the City, subject to Section 7.10 (Fiber-Optic Cables), Article 25 (Surrender of License Area), and Article 27 (Special Provisions), unless the City has previously elected to require Licensee to remove at Licensee’s sole expense all or part of any structural improvements to the License Area or City Pole, whether made by the City or Licensee. 9 CITY WORK ON POLES OR LICENSE AREA 9.1 Repairs, Maintenance, and Alterations. City will: (a) maintain and repair the City Poles as needed, in its sole judgment, for its street light, utility, or municipal operations; and (b) correct any immediately life-threatening or hazardous condition. Except as specified in Article 27 (Special Provisions), neither City work on the City Poles, nor the condition of the City Poles, will entitle Licensee to any damages, relieve Licensee of the obligation to pay the License Fees and Additional Fees or perform each of its other covenants under this Master License, or constitute or be construed as a constructive termination of this Master License. 9.2 Notice to Licensee. The City reserves the right at any time to make alterations, additions, repairs, removals, and improvements to all or any part of the License Area for any operational purpose, including maintenance and improvement of street lighting services, City compliance with mandatory regulations or voluntary controls or guidelines, is subject to: (i) making good faith efforts to give Licensee 72-hour prior notice of City work that requires manipulation of Licensee’s equipment in accordance with Section 9.3 (Licensee’s On-Call Representative); (ii) allowing a representative of Licensee to observe the City’s work; and (iii) taking reasonable steps not to disrupt Licensee’s normal use of Equipment on the License Area. . Licensee’s use of the License Area may not impede or delay in any way the City’s authority and ability to make necessary changes, as determined by the City Engineer, to any License Area to maintain its street lights, utility services, or other municipal services. 9.3 Licensee’s On-Call Representative. Licensee shall at all times have a representative assigned to be on call and available to the City regarding the operation of Licensee’s Equipment. Licensee’s representative shall be qualified and experienced in the operation of Licensee’s Equipment, and shall be authorized to act on behalf of Licensee in any emergency and in day-to-day operations of the Equipment. The contact information for Licensee’s on-call representative is listed in the Basic License Information and will be listed on identification plates as required by Subsection 7.1.2 (Identification and Other Signage). Before the City performs non-emergency maintenance, repair, or other activities on the License Area in the regular course of its business that may impair the operation of Licensee’s Equipment on the License Area, the City will attempt to provide at least 72 hour’s telephonic notice to Licensee’s on-call representative. The City will not be required to delay non-