structures, engineering, traffic control, and landscaping plans. In addition, the Licensee shall assess
<br />and report on the impact of its proposed construction on the City environment. Such plans and
<br />reports may be reviewed by the City to ensure, (a) that all applicable laws including building and
<br />zoning codes and air and water pollution regulations are complied with, (b) that aesthetic and good
<br />planning principles have been given due consideration, and (c) that adverse impact on the
<br />environment has been minimized. The Licensee shall comply with all regulatory requirements of
<br />the City lawfully binding on the Licensee and shall incorporate all other reasonable changes to its
<br />plans requested by the City, consistent with the provisions of Chapter 12.12 of the LMC.
<br />3. Not less than thirty (30) days prior to construction of any Facilities within the
<br />Premises at any specific location, Licensee shall furnish the City's Director of Public Works with
<br />detailed plans for such Facilities including detailed location drawings and final architectural,
<br />engineering, traffic control and landscaping plans. Prior to commencing construction, Licensee
<br />shall: (a) obtain written approval of the City's Director of Public Works of the construction plans,
<br />(b) procure appropriate excavation permits pursuant to Chapter 12.12 of the LMC, or permits
<br />required pursuant to any similar ordinance adopted by City in the future, (c) pay all review fees
<br />associated with such permits in addition to the fees set forth in Article IV of this Agreement, and
<br />(d) comply with all requirements of said Chapter 12.12 of the LMC, including the terms of said
<br />permits.
<br />4. All construction, excavation, maintenance and repair work done by Licensee shall
<br />be done in a workmanlike and expeditious manner which minimizes the inconvenience to the City,
<br />the general public and individuals. Licensee shall be liable for any damage to the City or City
<br />owned property caused by Licensee's failure to act in a timely manner All such construction,
<br />excavation, maintenance and repair work done by Licensee shall comply with all applicable codes
<br />of the City and the State of Colorado, and Licensee shall be responsible for obtaining all applicable
<br />permits and licenses. The City shall have the right to inspect all construction or excavation work
<br />to ensure compliance with applicable codes and permits, and may order Licensee to perform
<br />corrective work. All public and private property disturbed by Licensee's activities shall be
<br />promptly restored by Licensee at its expense to substantially its former condition, subject to
<br />inspection by the City's Director of Public Works or their designee and compliance by Licensee
<br />with reasonable remedial action required by said official pursuant to the inspection. Licensee shall
<br />be liable to City for the full cost of restoring any public property not promptly remedied by
<br />Licensee as required by said official. Licensee shall be liable for any damage to public or private
<br />property caused by construction, excavation, maintenance and repair work done by Licensee.
<br />5. The installation, maintenance, renovation, repair, replacement and removal of
<br />Facilities by Licensee shall be subject to regulation by City including as to (a) the location of
<br />Facilities in or upon the streets, alleys and dedicated easements, (b) the disturbance and
<br />reconstruction of pavement, sidewalks, and surface of streets, alleys, dedicated easements and
<br />driveways, (c) the timing and scheduling of work, and (d) the temporary closure of portions of
<br />streets and alleys. All Facilities shall be designed and installed so as to cause a minimal amount
<br />of interference with public property, water mains, sewer mains, electric and natural gas facilities,
<br />streetlights, traffic signals, and all other municipal or authorized public use of the Rights of Way.
<br />The Director of Public Works, or designee, may direct and require Licensee to locate its Facilities
<br />within a defined telecommunications corridor within any street or other Right of Way or otherwise
<br />8
<br />
|