8G Consent Calendar 2018 1203 - Laserfiche WebLink

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40 other License Area for more than 30 days, Licensee will be entitled to: (i) a pro rata abatement of the License Fee for the period Licensee is unable to use the City Pole; (ii) terminate the Pole License on 30 days’ notice; or (iii) both abatement of the License Fee under clause (i) and termination under clause (ii). 27.3 City’s Termination Rights. 27.3.1 Absolute Right to Terminate Pole Licenses. 27.3.1.1 The City has the absolute right in its sole discretion to terminate any or all Pole Licenses if the City Manager (or his or her designee) determines that Licensee’s continued use of the License Area adversely affects or poses a threat to public health and safety, constitutes a verified and material public nuisance, interferes with the City’s street lights, utilities, or other municipal operations, or requires the City to maintain a City Pole that is no longer required for City purposes. 27.3.1.2 If the condition is susceptible to cure, the City will provide notice to Licensee of the City’s determination, the underlying reasons for the determination, and provide a 30-day cure period following which the affected Pole Licenses will terminate if Licensee has not effected a cure. 27.3.1.3 If the condition is not susceptible to cure in the City’s sole judgment, the City will have the right to terminate the affected Pole Licenses on 30 days’ notice to Licensee of the City’s determination. 27.3.1.4 The City will endeavor to accommodate a request by Licensee to relocate the Pole License and related Equipment, at Licensee’s sole cost and expense, to another City Pole mutually acceptable to Licensee and City. 27.3.2 Removal of Equipment. The City in its sole discretion may determine that exigent circumstances require, for reasons of public, health, safety, or needs of the City to provide street lighting, utilities, or other municipal services, that Licensee remove the Equipment from a particular City Pole on 72 hours’ notice. Licensee shall remove the Equipment from the identified City Pole within the 72-hour period or any longer time to which the City agrees. The applicable Pole License will terminate as to the identified City Pole upon expiration of the 72-hour period. 27.3.3 City Pole Removal. The City has the right to remove any City Pole that it determines in its sole judgment is unnecessary for its street light operations. If the City decides to remove a City Pole, it will make reasonable efforts to provide at least 90 days’ notice to Licensee, but the City’s rights under this Subparagraph will not be affected by its failure to provide less than 90 days’ notice. Upon removal of a City Pole, either party will have the right to terminate the Pole License as to the affected City Pole as of the last day of the month of removal. The City will endeavor to accommodate a request by Licensee to relocate the Pole License and related Equipment, at Licensee’s sole cost and expense, to another City Pole mutually acceptable to Licensee and City. 27.3.4 Replacement, Relocation, or Upgrading of City Poles. The City has the right to replace, relocate, or add City equipment to, and remove Licensee’s Equipment from, any City Pole or License Area that the City determines in its sole judgment is necessary for its municipal operations, including, but not limited to, LED conversion or installation of solar capabilities. If the City decides to replace or relocate a City Pole or add equipment requiring the removal of Licensee’s Equipment, the City will make reasonable efforts to provide at least 90 days’ notice to Licensee, but the City’s rights under this Subparagraph will not be affected by its failure to provide less than 90 days’ notice. Licensee may choose either to terminate the applicable Pole License as to the replacement, relocated, or upgraded City Pole or, only if feasible in the discretion of the City’s Engineering and Transportation Department, install