10.A. Action 2019 0107 - Laserfiche WebLink

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41 utilities, or other municipal operations, or requires the City to maintain a City Pole or Associated Facilities 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 or Associated Facilities Licenses will terminate if Licensee has not cured. 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 or Associated Facilities License and related Equipment, at Licensee’s sole cost and expense, to another City Pole or Associated Facility 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 or Associated Facilities on 72 hours’ notice. Licensee shall remove the Equipment from the identified City Pole or Associated Facilities within the 72-hour period or any longer time to which the City agrees. The applicable Pole or Associated Facilities License will terminate as to the identified City Pole or Associated Facilities upon expiration of the 72-hour period. 27.3.3 City Pole or Associated Facilities Removal. The City has the right to remove any City Pole or Associated Facilities that it determines in its sole judgment is unnecessary for its street light operations. If the City decides to remove a City Pole or Associated Facilities, 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 or Associated Facilities, either party will have the right to terminate the Pole or Associated Facilities License as to the affected City Pole or Associated Facilities as of the last day of the month of removal. The City will endeavor to accommodate a request by Licensee to relocate the Pole or Associated Facilities 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 or Associated Facilities. The City has the right to replace, relocate, or add City equipment to, and remove Licensee’s Equipment from, any City Pole, Associated Facilities 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 or Associated Facilities License as to the replacement, relocated, or upgraded City Pole or Associated Facility or, only if feasible in the discretion of the City’s Engineering and Transportation Department, install Licensee’s Equipment on the replacement, relocated, or upgraded City Pole at Licensee’s sole cost. The City will endeavor to accommodate a request by Licensee to relocate the Pole or Associated Facilities License and related Equipment, at Licensee’s sole cost and expense, to another City Pole or Associated Facility mutually acceptable to Licensee and City. 27.3.5 Future Use of Existing or Associated Facilities