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ATTY/ORD.0006/CC ORD AMENDING MUNICIPAL CODE CHAPTER 29 – EXHIBIT A REV: 07-11-24 VR Page 8 of 16 permittee shall complete the work or use authorized by the permit within the time specified in the permit. Where an encroachment involves a permanent/long-term installation or obstruction, conditions so specified in the permit, license or other agreement with the City shall remain in effect until the construction or obstruction is removed. E. Term. All permits shall specify the time, not longer than one year, within which work or construction in the right-of-way or on City property must be completed. Permits for continued use of the right-of- way or City property, shall be issued for a specified period of time. All permits may be renewed or extended at the City's discretion and only upon such terms as are consistent with the provisions of this Chapter. F. Relocation. Any encroachment, including but not limited to pipes, conduit, wire, cable, appurtenances or other structures or facilities, installed or maintained in, on or under any right-of- way or City property, shall be relocated, at the sole expense of the permittee, as may be necessary for public necessity or convenience. Such relocations shall be under the same terms and conditions as the initial installation allowed, pursuant to permit. The Department will not exercise the right to require such relocation in an unreasonable or arbitrary manner. G. Assignment. Encroachment permits shall be applied for by and issued to the person or company who will make use of the permit and not exclusively to the contractor, who has been employed to construct the improvements. For outdoor business activities, if the applicant is not the property owner, the applicant shall demonstrate, to the satisfaction of City staff, that the owner was notified of the permit application. Written consent of the adjacent business owner and the adjacent property owner is required for extending the sidewalk café or parklet into the frontage of the adjacent property, as well as for construction or staging purposes in the adjacent frontage. the explicit consent of the property owner is also required. However, all contractors and subcontractors who will be performing work in the right-of-way or City property shall be named and identified in the encroachment permit application. Permits may be applied for and issued to applicants, owners, and contractors jointly so that the Contractor's insurance and bonds will protect the City thus not requiring the owner to obtain separate insurance and bonds, in which case, the contractor's insurance and bonds shall name the owner as an additional protected party. For outdoor business activities, the business operating in the right-of-way shall maintain insurance coverage as required by the City for the duration of the outdoor business activities. The rights granted by the permit shall not be assignable or transferable without the express prior written consent of the Department. Applications for such transfers shall contain the same information as required herein for an initial encroachment permit application. H. Improvement Agreement. In any case where the City Engineer estimates that the cost of the work will exceed two thousand dollars ($2,000.00), or that a dangerous or hazardous condition will be created by the doing of the work, whether to persons or to property, the Department may require that the applicant enter into an improvement agreement with the City on such terms and conditions as may be approved by the City Council. I. Supplemental. The Department may require additional conditions for the issuance of a permit as are applicable and necessary to meet specific situations, for public safety and to insure compliance with this Chapter and all other City, state or federal regulations.