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6272
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Last modified
12/6/2004 2:48:52 PM
Creation date
11/5/2014 12:22:39 PM
Metadata
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City Ordinances
Passed
10/30/2000
Ordinance Number
6272
Bill Number
8495
Introdate
10/16/2000
Description
Approving an agreement between the city and Metromedia Fiber Network Services for the right to install telecommunication cable in the city
Introduced By
Sharpe
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Oct 13 OO 04:43F, Lau~ O'F'fice$ 7.Jl~.V?"I~i.~ [a... <br /> <br />elimination of any Public Way by the City, the cost of relocation of such Facilities shall be borne <br />by Metromedia. In all other events, the cost and expense of such relocation of the Facilities shall <br />be borne by the City (or such other party as the City may designate) and Metromeida shall not be <br />required to relocate such Facilities until adequate assurance of payment or reimbursement is <br />delivered to Metromedia. In the event of an emergency, or where the Facilities create or are <br />contributing to an imminent danger to health, safety or property, the City may remove, move, <br />relay, or relocate the pertinent parts of such Facilities without prior notice and without charge to <br />the City for restoration and repair. <br /> <br />8. Termination. This Agreement may be terminated: <br /> <br /> (a) By either Metromedia or the City, without cause, by delivering written <br />notice thereof to the City at least one hundred and eighty (180) days prior to the effective date of <br />such termination; or <br /> <br /> (b) By either Metromedia or the City if, after written notice by one party to <br />the other of the occurrence or existence of a default by the other party under this Agreement, <br />such defaulting party fails to cure such default within thirty (30) days after delivery of such <br />notice, or where such default cannot reasonably be cured within such thirty (30) day period, the <br />defaulting party fails to proceed promptly to cure the same and prosecute such cure with due <br />diligence. <br /> <br /> 9. End of Term. Unless the Facilities are sold or transferred by Metromedia as <br />provided in this Agreement, or Metromedia and the City have entered into a renewal or new <br />agreement, as soon as practicable after the end of the Term, Metromedia shall, at Metromedia's <br />cost and expense, remove the Facilities from the Public Ways unless the City has notified <br />Metromedia of its intent to purchase the Facilities as provided in Section 6 of this Agreement. <br />Metromedia shall repair any damage to the Public Ways caused by the Removal of such <br />Facilities. In the event the City has elected not to purchase the Facilities, Metromedia may sell <br />or transfer the Facilities to a third party without removing the Facilities from the Public Ways, <br />provided that such party has obtained from the City the right to use the Public Ways within one <br />hundred and eighty (180) days after the end of the Term. This shall not be construed to authorize <br />any such third party to conduct its operations or otherwise use the Facilities in its business prior <br />to obtaining fi'om the City the right to use the Public Ways. Unless the Facilities are sold or <br />transferred by Met~omedia as provided in this Agreement, or Metromedia and the City have <br />entered into a renewal or new agreement, any Facilities remaining in the Public Ways one <br />hundred and eighty (180) days after the end of the Term shall be deemed abandoned and may be <br />removed by the City, in which event Metromedia shall reimburse the City lbr ~uch cost aud <br />expense, or the City may assume ownership of the Facilities, in which event Metromedia shall <br />have no further obligation to maintain, relocate, or remove such Facilities. <br /> <br />-5- <br /> <br /> <br />
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