Laserfiche WebLink
<br />21 <br />before the damage or alteration, unless the City directs otherwise. The City may condition its <br />approval of any alteration to City Property on restoration in accordance with this Section. <br />10.3 No Right to Repair City Property. <br />Absent notice from the City providing an opportunity to repair damage to City Property, <br />Licensee is not authorized to make any repairs to City Property. In all cases, Licensee waives <br />any right it may have to make repairs at the City’s expense under any applicable Law. <br />10.4 Notice of Damage to City Property. <br />Licensee agrees to give the City notice of the need for any repair to any City Pole, <br />License Area, or other City Property promptly after Licensee’s discovery of damage from any <br />cause. Licensee’s agreement to provide notice is not an assumption of liability for any life- <br />threatening or hazardous conditions unless caused by the negligent or reckless acts or <br />omissions or willful misconduct of Licensee or its Agents or Invitees. <br />10.5 Licensee’s Equipment. <br />10.5.1 Maintenance and Repair. Licensee shall at its sole expense install, <br />maintain, and promptly repair any damage to Equipment installed on the License Area <br />whenever repair or maintenance is required, subject to the City’s prior approval if required <br />under Article 8 (Alterations). <br />10.5.2 City Approval. Licensee is not required to seek the City’s approval for any <br />repair, maintenance, replacement, or other installation of Equipment or signage in a <br />License Area if: (i) the Equipment or signage in question was in the Approved Plans; (ii) <br />the repair, replacement, or installation involves only the substitution of internal <br />components, or does not result in any change to the external appearance, dimensions, or <br />weight of the Equipment in the Approved Plans; (iii) the City in its reasonable judgment <br />concurs with Licensee that the repair, maintenance, replacement, or other installation of <br />Equipment is reasonably consistent with the Approved Plans, taking into consideration <br />availability of the specific Equipment and advancements in technology, or (iv) requires no <br />temporary traffic control within the roadway or closure of a public sidewalk. In no event, <br />however, will Licensee be authorized to install larger, different, or additional Equipment on <br />a City Pole without the City’s express prior consent, or erect temporary traffic control for <br />either the roadway or sidewalk in a manner that endangers the public. In this regard, <br />Licensee acknowledges that section 6409(a) of the Middle Class Tax Relief and Job <br />Creation Act of 2012 (codified at 47 U.S.C. § 1455) does not apply to this Master License <br />or any Pole License because the City is granting rights to Licensee in its proprietary <br />capacity as the owner of the City Poles. Any work on Licensee’s Equipment installed on <br />City Poles that is authorized or permitted under this Subsection is subject to Licensee <br />obtaining any required Regulatory Approvals. <br />10.5.3 Graffiti. Licensee’s repair and maintenance obligation includes the <br />removal of any graffiti from the Licensee’s equipment. <br /> <br />10.6 Inspections. <br />At least once in every License Year, Licensee shall perform an inspection of all <br />Equipment and, within 10 business days after the inspection, submit a written report to the City on <br />the condition of such Equipment that includes, without limitation, any identified concerns and <br />corrective action taken or planned to be taken. In the event that Licensee’s inspection reveals any <br />maintenance concerns in connection with any Pole or any other City Property, Licensee shall <br />promptly notify the City. Licensee shall provide the City with at least 30 days’ prior written notice <br />before it commences any inspection. Licensee shall permit any City employee or third-party