Resolution 2024-03 - Laserfiche WebLink

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at a specific location to minimize interference with other facilities or utilities. Licensee shall install and maintain its Facilities in such manner as to minimize interference with trees, natural features and vegetation. Whenever feasible, as determined in the reasonable discretion of the Director of Public Works, Licensee shall enter into pole -sharing and conduit -sharing agreements with third parties in order to co -locate its wires and cables upon poles or within conduit of other Telecommunications Providers or utilities in accordance with applicable City ordinances and requirements. 6. Licensee shall, upon reasonable notice and at its sole cost and expense, remove, locate and relocate its Facilities in, on, over or under any Rights of Way in such manner as City may at any time require for the purpose of facilitating the construction, reconstruction, maintenance, repair, or change in grade of any street, sidewalk, public improvement or City project, or for the purpose of promoting the efficient operation of any such public improvement or project, or for the purpose of facilitating the vacation and/or redevelopment of Right of Way by the City. In the event Licensee fails to act within a reasonably allocated time, the City may cause Licensee's Facilities to be relocated, and Licensee shall be liable to City for the costs thereof. In the event City causes Licensee's Facilities to be relocated, City shall be held harmless for any damages incurred to Licensee's Facilities during such relocation. 7. Except where specifically authorized by the Director of Public Works, all of Licensee's Facilities located within Rights of Way shall be located underground. In locations where wires or cables of franchisees of City or of authorized local exchange carriers are presently located above -ground, the City Engineer will allow Licensee's Facilities to also be located above -ground. At the City Engineer's discretion, underground installation may be required in certain areas where above -ground facilities currently exist. Thereafter, and notwithstanding that any such authorization had been given, should the City subsequently determine for any area of the City that telephone or telecommunications wires, cable television cables or electric utility wires located above ground shall be relocated underground, Licensee shall, upon reasonable notice, at its sole cost and expense, relocate its Facilities below ground in cooperation with other affected interests. In the event Licensee fails to act within a reasonable allocated time the City may cause Licensee's Facilities to be relocated, and Licensee shall be liable to City for the costs thereof. In the event City causes Licensee's Facilities to be relocated, City shall be held harmless for any damages incurred to Licensee's Facilities during such relocation. 8. Licensee agrees to take such actions as necessary to maintain the communication conduit and/or fiber optic cable in good and safe condition at all times. Licensee further agrees to comply at all times with the ordinances, resolutions, rules, and regulations of the City in Licensee's use and occupancy of the Premises. If Licensee fails to comply with its obligations under this Agreement, the City may take such measures as it determines necessary to bring the Premises into compliance, and the cost of any such measures shall be paid by the Licensee. The City shall have no responsibility, liability, or obligation with respect to the safety or security of any person on account of Licensee's use of the premises or any personal property placed or located on, at, or in the Premises by Licensee, it being acknowledged and understood by Licensee as between Licensee and the City that the safety and security of any such persons and property is the sole responsibility and risk of Licensee. 9