AgdaPkt 2020-10-26 Joint SA PFA - Laserfiche WebLink

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7.A. - Page 137 of 176 Permit No. Permittee: 6. The term of this Permit shall commence on the date set forth above ('Effective Date") and shall continue in full force and effect for a period often years, unlessearlier terminated pursuant to Special Provision 7 below. This Permit shall be automatically extended for an unlimited number of additional ten-year periods, subject to all of the terms and conditions set forth in the Permit and these Special Provisions, unless earlier terminated as provided herein. 7. This Permit may be terminated as provided in this Special Provision 7: 7.1 Termination for Cause. City may revoke or terminate this Permit by written notice to Permittee in accordance with the procedures set forth in RCMC Section 29.21. The Director may revoke and terminate the Permit upon complaint based upon substantial evidence of any of the following: (1) Permittee has failed to pay when due, any fee as required by the Permit; (2) the conditions of the Permit, including without limitation the Conditions of Use, are being or have been violated; (3) the provisions of RCMC Chapter 29 or any other City, state or federal regulation are being or have been violated; (4) the Permitted Activity caused unreasonable disturbance in the vicinity of the Property; (5) a delay in the completion of the work or use authorized by the Permit is due to lack of diligence on the part of Permittee; or (6) the right-of-way or the Property, or any portion thereof, occupied and used by Permittee is needed for a public use and relocation of the Permittee's facilities is not practicable. The Director shall give notice of such revocation or termination as prescribed in RCMC Section 29.21(b), and Permittee may request on such termination or revocation as provided in subsection (c) of said Section 29.21. 7.2 Termination Without Cause. City may terminate this Permit without cause by delivering thirty (30) days' advance written notice to Permittee. The 30 -day period shall commence to run upon receipt of said notice as provided in Section 10 below. 7.3 Removal of Encroachment Upon Termination. Upon termination of this Permit pursuant to either Paragraph 7.1 or Paragraph 7.2, above, or by abandonment by Permittee as provided in RCMC Section 29.20, Permittee shall remove any encroachment or other improvements it has placed on the Property and shall restore the Property to its condition existing as of the Effective Date, reasonable wear and tear and Acts of God excepted. Any costs for such removal and restoration pursuant to this paragraph shall be borne solely by Permittee. If Permittee fails to comply with the foregoing, City shall have the right to remove all instruments, hardware, and other improvements Permittee has placed on the Property and to restore the Property to Original Condition, and Permittee shall be obligated to pay City for all costs incurred by City in connection with such removal and restoration within five (5) business days following receipt of City's invoice therefore 8. Neither the Encroachment nor any Permitted Activity shall restrict visibility to any traffic control devices or signs. 9. No encroachment is permitted in exclusive bike lanes (where parking is not permitted), bus stops, or "no parking zones" unless specifically authorized by this Permit. 10. Upon request by City, Permittee shall maintain and/or reestablish access to any blocked or covered utility pole, manhole, vault, cleanout, valve, junction box, meter box, or other facility. 11. Permittee shall make no alterations whatsoever to the Property unless authorized in writing in advance by City. Any alterations authorized by City shall be constructed in strict conformance with plans approved by City. 12. Permittee shall ensure adequate visibility of encroachment, construction, or use during daytime and nighttime hours. 13. Permittee shall be liable for any damage to: (i) the Property, or any part thereof, or any improvements located thereon, or (ii) any other property of City, or (iii) any private improvements, or (iii) the public right - 5 of 9 OAK #4819-4834-1908 v19 Exhibit D 319