2007-02-26 Council Agenda - Laserfiche WebLink

Home Browse Search

and utility structures in utility easements, or alternatively in the right-of-way as far away from the street pavement as possible, and, where there are sidewalks, then on the side of the sidewalk farthest away from the street. The placement of IP Video facilities within the right of way is subject to approval by the City. When placing IP Video utility structures, priority shall be given to finding available utility easements in preferred locations. Preferred locations in order of priority are (a) properties developed for non-residential use, (b) thoroughfare landscape easements, (c) rear yards, and (d) street side yards on a corner lot behind the front yard setback. AT&T shall provide the City with a minimum of ten (10) days written notice of the proposed location of each IP Video utility structure prior to its installation, and the City may review and negotiate the proposed installation in light of the preferences expressed herein. AT&T shall make every available effort to contact the nearby property owner(s) to communicate what work will be done and when. (5) Subject to the application of this Section 7, City agrees not to block, restrict, or limit the construction and installation of the IP Network upgrade. (6) AT&T agrees that it shall be liable, at its own cost and expense, to replace or repair and restore to serviceable condition, in accordance with Code and/or City standards, any street or any public structure involved in the construction, operation, maintenance, repair, upgrade or removal of the IP Video Facilities that may become disturbed or damaged as a result of any work thereon by or on behalf of AT&T. If the size of the IP Video utility cabinet/structure placement footprint exceeds 2 sq ft, AT&T shall, upon the City's request, provide landscaping to screen the placement from public view consistent with the location chosen. AT&T shall not be responsible for the ongoing maintenance or care of the landscaping, shrubbery or bushes, and will not be responsible for replacing landscaping which dies after it is installed. 8. Breach of Agreement. Should either Party claim that a breach of any part of this Agreement has occurred, that Party will provide prompt written notice to the other Party, specifying the nature of the breach; and upon receipt the other Party shall cure such breach within 60 days. 9. Dispute Resolution. Except as otherwise provided in this Agreement, the Parties shall make diligent good faith efforts to resolve all issues and disputes that arise in the administration of this Agreement through discussions between designated representatives of the Parties and use of a mediator when such discussions have failed. 10. Indemnification. (1) AT&T agrees to indemnify, defend, and hold harmless the City, its officers, agents, and employees, from and against any liability for damages and K-1-h February 26, 2007