§ 3. Removal and relocation.  


Latest version.
  • 3.1

    Removal Due to Public Project. Upon receipt of a written demand from the City pursuant to this Section 3, Wildflower, at its sole cost and expense, shall remove and relocate any part of the Network, constructed, installed, used and/or maintained by Wildflower under this Agreement, whenever the City reasonably determines that the removal and/or relocation of any part of the Network is needed for any of the following purposes: (a) due to any work proposed to be done by or on behalf of the City or any other governmental agency, including but not limited to, any change of grade, alignment or width of any street, sidewalk or other public facility, installation of curbs, gutters or landscaping and installation, construction, maintenance or operation of any underground or aboveground facilities such as sewers, water mains, drains, storm drains, pipes, gas mains, poles, power lines, telephone lines, cable television lines and tracks; (b) because any part of the Network is interfering with or adversely affecting the proper operation of City-owned light poles, traffic signals, or other City facilities; or (c) to protect or preserve the public health and safety. The City shall cooperate with Wildflower in relocating any portion of the Network removed pursuant to this Section 3.1 in a manner that allows Wildflower to continue providing service to its customers, including, but not limited to, expediting approval of any necessary permits required for the relocation of that portion of the Network relocated under this Section 3.1. No permitting or other fees may be charged by the City for a removal occurring under this Section.

    3.2

    Removal Due to Termination. No later than ninety (90) days after termination of this Agreement pursuant to the provisions of this Agreement, Wildflower shall, at its sole cost and expense, remove the Network or the terminated portion thereof and, if such removal disturbs the locations or adjacent property (including City ROW or City real property), restore each Facility and its adjacent property to its original condition, reasonable wear and tear excepted, and further excepting landscaping and related irrigation equipment, or other aesthetic improvements made by Wildflower to the Facility or adjacent property, or as otherwise required by the City. For New Poles, Wildflower shall install a new streetlight or facility as directed by City's Public Works Director, or his or her designee. Alternatively, the City may allow Wildflower, in the City's sole and absolute discretion, to abandon the Network, or any part thereof, in place and convey it to the City.

    3.3

    Abandonment. In the event Wildflower ceases to operate and abandons the Network, or any part thereof, for a period of ninety (90) days or more, Wildflower shall, at its sole cost and expense and within the time period specified in Section 3.2, vacate and remove the Network or the abandoned part thereof. If such removal disturbs the Facility or adjacent property (including City ROW or City real property), Wildflower shall also, at its sole cost and expense, restore the Facility or adjacent property to its original condition, reasonable wear and tear excepted, and further excepting landscaping and related irrigation equipment, or other aesthetic improvements made by Wildflower to the Facility or adjacent property. Alternatively, the City may allow Wildflower, in the City's sole and absolute discretion, to abandon the Network, or any part thereof, in place and convey it to the City.

    3.4

    No Relocation Compensation. The parties understand and agree that neither the City nor Wildflower are entitled to compensation for any relocation of its Network that may be required under Section 3.1. Wildflower acknowledges that Wildflower is not entitled to relocation assistance or any other compensation or benefits under the Uniform Relocation Assistance Act or any other applicable provision of law upon termination of this Agreement.