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I I I I I I I I I I I I I I I I I I I permit in accordance herewith shall include therein proposed agreements for the use of existing utility poles and conduits, if applicable, with the owner(s) of such facilities to be used or affected by the construction of the proposed Wireless Telecommunications System, which agreements shall become effective on the date of execution of the permit issued in accordance herewith in the event that such a person, firm or corporation is issued a permit. In the event that permission to use existing poles or conduits cannot be obtained, the Permittee shall submit documentation to support the unavailability of existing poles or facilities and a detailed plan for construction insuring protection for existing facilities. Such plans shall include detailed drawings of the pole or support structure locations and manufacturer's specifications for the cell site equipment. SECTION 6.4 Surface Disturbance Requirement It shall be unlawful for the Permittee or any other person to open or otherwise disturb the surface of any easement, street, sidewålk, driveway, public place or pUblic way for any purpose whatsoever without obtaining approval to do so after proceeding in the manner described in Sections 6.1 and 6.2. Violation of this Section shall subject the Permittee to all penalties and remedies legal or equitable which are available to the City/County. SECTION 6.5 S~reet and Sidewalk Restoration The Permittee shall restore any easement, street, sidewalk, pubic way or public place it has disturbed in accordance with the City/county's specifications for such restoration, and shall, at the Permittee's own cost and expense, restore and replace any other property, whether public or private, disturbed or damaged or in any way injured by or on account of its activities to as good as the condition such property was in immediately prior to the disturbance, damage or injury or pay the fair market value of such property, public or private, to the property's owner or shall make other repairs or restorations as outlined in the approved permit. The permittee shall warrantee all such repairs for a period of five (5) years. SECTION 6.6 Temporary Removal of System Components The Permittee, at its own cost and expense, shall protect, support, temporarily disconnect, relocate in the same eas~ment, street, public place or public way any of its property when required to do so by the City/County because of street or other public excavation, construction, repair, regrading, or grading; traffic conditions, installation of sewers, drains, water pipes, 9