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REV: 12-20-2022 JB
<br />ARTICLE 6
<br />REMOVAL, RELOCATION AND ABANDONMENT
<br />6.1 Upon receipt of a written demand from the City, Company, at its sole cost and
<br />expense, shall remove and relocate any Facilities installed, used and/or maintained by Company
<br />under this Agreement when such removal or relocation is made necessary (a) due to any work
<br />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 Facilities are detrimental to governmental activities.
<br />Company shall complete the removal or relocation within ninety (90) days of receipt of written notice
<br />from 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. Any removal
<br />or relocation work by Company shall only be done pursuant to an encroachment permit. All of the
<br />foregoing shall be subject to all applicable rules, requirements, and procedures of the California
<br />Public Utilities Commission.
<br />6.2 Abandonment of Facilities. If any portion of the Facilities laid, installed, or
<br />constructed in the Public Rights-of-Way, other than redundant Facilities or Facilities for emergency
<br />use, are no longer used or useful 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 Facilities. Alternatively, the City may
<br />allow Company, in its sole discretion, to abandon the Facilities, or any part thereof, in place and
<br />convey the Facilities to the City.
<br />6.3 If Company fails to remove the Facilities 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 />Facilities at Company’s sole expense, which expense Company shall promptly reimburse to the City
<br />within thirty (30) days after receiving an invoice for such expenses, including all administrative,
<br />legal, and consultant costs or (b) deem the Facilities, or any part thereof, to have been abandoned and
<br />conveyed to the City.
<br />6.4 Repair of Public Rights-of-Way. Whenever the removal or relocation of facilities
<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 Facilities 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.2022.405/Mobilitie, LLC (Page 9 of 21)
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