Resolution 2024-03 - Laserfiche WebLink

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need for a formal written amendment, upon the Director's written approval of the same, and the area described and depicted thereon shall be deemed to form the Premises. The foregoing notwithstanding, the Licensee must separately obtain consent from the Colorado Department of Transportation with respect to state highways. The Premises, including any approved expansions thereof, is being licensed to Licensee "as -is" without warranty of any kind, express or implied, including any warranty of merchantability or fitness for a particular purpose. Within thirty (30) days following the installation or relocation of any communication conduit, fiber optic cable, and/or appurtenant facilities within the Premises, Licensee shall provide the City with detailed drawings showing the as -built location of such Facilities. As -built drawings may be provided electronically. 2. The license granted herein to make reasonable use of the Rights of Way shall not be deemed to be a franchise, nor an exclusive license or right, and the City reserves the right to make or grant a similar use of the Rights of Way to any other person or persons, including one or more other Telecommunications Providers. Licensee understands and agrees that the license granted hereunder is granted subject to prior franchise agreements and subject to all easements and other interests of record applicable to the Premises. Licensee shall be solely responsible for coordinating its activities hereunder with the holders of such franchise agreements or of such easements or other interests of record, and for obtaining any required permission for such activities from such holders if required by the terms of such franchises or easements or other interests. 3. The City retains the following rights in regard to this license: (a) To revoke the license and consent hereby granted for misuse, non-use or failure of Licensee to comply with the provisions hereof; (b) To use, control and regulate the use of the City streets, roads, easements, other public places and the Rights of Way, and the space above and beneath the same; (c) To require the removal or relocation of any of the Facilities from the Rights of Way if necessary or desirable for any public or municipal purpose or project, ,as determined at the sole discretion of the City, which judgment must be exercised in a reasonable manner; and (d) To require a separate permit for each site or excavation upon which Licensee would otherwise be required to obtain such a permit under Chapter 12.12 of the LMC. Each permit application shall include information as to the appearance, size, description, proposed location of, and any other information pertinent to, any aerial installations proposed for attachment to existing light poles, which installations require the City's written approval, in addition to application to and approval from the owner of the subject pole(s) (e.g., Xcel Energy or Lumen, as applicable). Aerial installations proposed for attachment to light poles must comply with all requirements of Chapter 17.42 of the LMC applicable to "small cell facilities," excepting any requirements the City's Director of Public works has waived in writing upon a finding that such requirements are not applicable to, or are unnecessary for, the City's review of the aerial installations proposed in the permit application. Notwithstanding the foregoing, the City's Director of Public Works may not waive the requirements that require the installation to utilize camouflage 4