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proposed to be done by or on behalf of the City or other governmental agency, including but not
<br />limited to, any change of grade, alignment or width of any street, sidewalk or other public facility,
<br />installation of curbs, gutters or landscaping and installation, construction, maintenance or operation
<br />of any underground or aboveground facilities such as sewers, drains, pipes, power lines, and tracks
<br />or (b) due to a determination by the City that the Equipment is detrimental to governmental activities.
<br />Company shall complete the removal or relocation within ninety (90) days of receipt of notice from
<br />the City or according to an agreed upon schedule with the City of no less than ninety (90) days.
<br />Notwithstanding the foregoing, the City Engineer may require a shorter period due to exigent
<br />circumstances and may authorize a longer period if it will not delay the public project. If Company
<br />fails to remove or relocate the Equipment within the prescribed time period, City may remove the
<br />Equipment at the expense of Company, and Company shall promptly reimburse the City for any and
<br />all expenses, including administrative, legal and consultant costs, within thirty (30) days after
<br />receiving an invoice from the City. Any removal or relocation work by Company shall only be done
<br />pursuant to a wireless encroachment permit. All of the foregoing shall be subject to all applicable
<br />rules, requirements and procedures of the California Public Utilities Commission.
<br />6.2 Abandonment of Equipment. If any portion of the Equipment laid, installed, or
<br />constructed in the Public Rights -of -Way, other than redundant Equipment or Equipment for
<br />emergency use, are no longer used by Company or are abandoned for a period in excess of six (6)
<br />months, Company must notify the City Engineer and promptly submit all necessary applications for
<br />permits prior to commencing work to vacate and remove the Equipment. Alternatively, the City may
<br />allow Company, in its sole discretion, to abandon the Equipment, or any part thereof, in place and
<br />convey the Equipment to the City.
<br />6.3 If Company fails to remove the Equipment as required by the City pursuant to Section
<br />6.2, the City may, in its sole discretion, after providing written notice to Company (a) remove the
<br />Equipment at Company's sole expense, which expense Company shall promptly reimburse to the
<br />City within thirty (30) days after receiving an invoice for such expenses, including all administrative,
<br />legal and consultant costs or (b) deem the Equipment, or any part thereof, to have been abandoned
<br />and conveyed to the City.
<br />6.4 Repair of Public Rights -of -Way. Whenever the removal or relocation of Equipment
<br />is required under this Agreement or the Code, Company shall promptly repair and return the Public
<br />Rights -Of -Way and adjacent property to a safe and satisfactory condition to the City in accordance
<br />with the Code and with the construction -related conditions and specifications established by the City
<br />according to its standard practice. If Company removes any Equipment from the Public Rights -Of -
<br />Way, company shall, within ten (10) days after such removal, give notice thereof to the City
<br />specifying the Right -Of -Way affected and the location thereof as well as the date of removal.
<br />Company agrees to promptly complete all restoration work and to promptly repair any damage
<br />caused by such work at its sole cost and expense. If Company fails to do so, the City shall have the
<br />option to perform such work at Company's sole expense, which expense Company shall promptly
<br />reimburse to the City within thirty (30) days after receiving an invoice for such expenses, including
<br />all administrative, legal and consultant costs. Before proceeding with removal or relocation work,
<br />the Company shall obtain an encroachment permit from the City.
<br />ATTY/AGR/2019.105/CROWN CASTLE FIBER, LLC
<br />REV: 04-23-19 DZ
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