§ 4. Maintenance and repair.  

Latest version.
  • 4.1

    Electricity Use. Wildflower shall pay for the electricity and other utilities services it consumes in its operations at the rate charged by the servicing utility company.


    Maintenance and Repair. Wildflower shall, at Wildflower's sole cost and expense, perform all maintenance and repairs reasonably needed to maintain the Network in good condition and neat and orderly appearance, and in compliance with all applicable Laws. In the event any part of the Network requires replacement because such part cannot be repaired, Wildflower shall, at Wildflower's sole cost and expense, replace the irreparable part of the Network. Wildflower shall not cause rubbish, garbage or debris on or around its Network or the Facilities and shall not permit any rubbish, garbage or debris to accumulate on or around in any enclosed areas around the Facilities. If the City gives Wildflower written notice of a failure by Wildflower to maintain the Facilities, Wildflower shall use its best efforts to remedy such failure within forty-eight (48) hours after receipt of such written notice.


    Appearance. Wildflower shall cooperate with the City on all issues of aesthetics and appearance. Wildflower shall follow all legally binding City policies, state and local ordinances with respect to aesthetics. This includes, but is not limited to, historic site and/or locations of significant importance, in areas such as Downtown Old Town and College Hill. All locations of DAS systems must be aesthetically approved by the City Engineering Department, in a manner consistent with other approvals within these Restrictions.


    Repair of ROW. Wildflower shall be responsible for any damage, ordinary wear and tear excepted, to street pavement, existing facilities and utilities, curbs, gutters, sidewalks, landscaping, and all other public or private facilities, to the extent caused by Wildflower's construction, installation, maintenance, access, use, repair, replacement, relocation, or removal of the Network in the City's ROW. Wildflower shall promptly repair such damage and return the City's ROW and any affected adjacent property to a safe and satisfactory condition to the City in accordance with the City's applicable street restoration standards or to the property owner if not the City. Wildflower's obligations under this Section 4.4 shall survive for one (1) year past the completion of such reparation and restoration work and return of the affected part of the City's ROW by Wildflower to the City.


    Bond. Wildflower shall provide a bond in an amount determined by the City to represent the estimated cost of Wildflower's obligations under Sections 3 and 4 of this Agreement, which the City may require Wildflower to increase from time to time to reflect the reasonable estimated cost of performing such obligations, to secure performance of Wildflower's obligations under Sections 3 and 4, not to exceed $100,000.