2007-09-26 CC Packet - Laserfiche WebLink

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DRAFT and (iv) it has been accepted and signed by the Grantee and the City in accordance with Section 14 (the "Elfective Date"). 2.10 Grantee Not a Common Carrier. Nothing in this Franchise shall be deemed to require the Grantee to assume the status of a common carrier as defined under applicable law. SECTION 3. CONSTRUCTION STA:>IDARDS 3.1 RCl!istration. Pcrmits and Construction Codes. 3.1.1 The Grantee shall strictly adhcrc to all State and local laws, regulations and policies adopted by the City Council applicable to the location. construction, installation, operation or maintenance of the System and the [-Net in the City. The City and/or its delegatee has the right to supervise all construction or installation work performed in the Rights-ol:Way as it shall Iind necessary to ensure compliance with the terms ofthis Franchise and other applicable provisions of law and regulations. 3.1.2 Failure to obtain permits or to comply with permit requirements shall be grounds for revocation of this Franchise, or any lesser sanctions provided herein or in any other applicable law, code or regulation. 3.2 Rcstoration of Ril!hts-of-Wav and l'rOlJcrtv. Any Rights-of-Way, or any sewer, gas or water main or pipe, drainage facility, electric, lire alarm, police communication or traffic control facility of the City, or any other public or private pro petty , which is disturbed, damaged or destroyed during the construction, repair, replacement, relocation, operation, maintenance, expansion, extension or reconstruction of the System, and/or the I-Net shall be promptly and fully restored, replaced, reconstructed or repaired by the Grantee, at its expense, to the same condition as that prevailing prior to the Grantee's work, to the extent consistent with applicable statutes and rules. It is agreed that in the normal course, with respect to lire and police department lacilities and equipment, and water and sewer facilities, and other essential utilities and services, as determined by the City, such restoration, reconstruction, replacement or repairs shall be commcnced immediately after the damage, disturbance or destruction is incurred, and the Grantee shall take diligent steps to complete the same, unless an extension of time is obtained trom the appropriate City agency or department. In all other cases, reconstruction, replacement, rcstoration 01' repairs shall be commenced within no more than three (3) days aileI' the damagc, disturbanee or destruction is incurred, and shall be completed as soon as reasonably possible thereafter. Jfthe Grantee shall tail to perform the repairs, replacement, reconstruction or restoration required herein, the City shall have the right to put the Rights- 12 /IF