8D Consent Calendar 2018 0917 - Laserfiche WebLink

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19 Agreement shall be automatically effective upon Licensee’s installation of any fiber-optic cables on the License Area, and Licensee shall designate and mark the six fiber strands in any conduit that serves the License Area for the City’s use at the time it installs such fiber-optic cables. Licensee further agrees that, at the time this Master Agreement expires or terminates, Licensee shall transfer to the City title and ownership of any fiber stands marked for use by the City by quitclaim or bill for sale at no cost to the City and in addition, shall continue to grant the City the right to use all related infrastructure, as described above. 8 ALTERATIONS 8.1 Licensee’s Alterations. Other than installation in accordance with Approved Plans, Licensee shall not make or permit any alterations to the License Area or anything that is part of, installed on, or appurtenant to the License Area, except with the City’s prior consent in each instance, which the City may grant or withhold in its sole discretion. The City may condition its consent reasonably in each 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, 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