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City of Pleasanton
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CITY CLERK
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AGENDA PACKETS
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2019
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031119
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3/6/2019 4:06:34 PM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
3/11/2019
DESTRUCT DATE
15Y
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any Street, which includes without limitation any sewers, storm drains, conduits, pipes, <br /> vaults, boxes, cabinets, poles and utility systems for gas, water, electric or <br /> telecommunications; and/or (3) perform any other work deemed necessary, useful or <br /> desirable by the City (collectively, "City Work"). The City reserves the rights to do any <br /> and all City Work without any admission on its part that the City would not have such <br /> rights without the express reservation in this Permit. In the event that the City Engineer <br /> determines that any City Work will require the Equipment to be rearranged and/or <br /> relocated Licensee shall, at its sole cost and expense, do or cause to be done all things <br /> necessary to accomplish such rearrangement and/or relocation. If Licensee fails or <br /> refuses to either permanently or temporarily rearrange and/or relocate the Equipment <br /> within a reasonable time after the City Engineer's notice, the City may (but will not be <br /> obligated to) cause the rearrangement or relocation to be performed at Licensee's sole <br /> cost and expense. The City may exercise its rights to rearrange or relocate the Equipment <br /> without prior notice to Licensee when the City Engineer determines that the City Work is <br /> immediately necessary to protect public health or safety. Licensee shall reimburse the <br /> City for all costs and expenses in connection with such work within 10 days after a written <br /> demand for reimbursement and reasonable documentation to support such costs. In <br /> addition, Licensee shall indemnify, defend and hold any and all Indemnified City Parties <br /> harmless from and against any Claims in connection with rearranging or relocating the <br /> Equipment, or turning on or off any water, oil, gas, electricity or other utility service in <br /> connection with the Equipment. Within 90 days after any Equipment have been <br /> rearranged or relocated, Licensee shall file as-built plans and maps with the City Engineer <br /> in the same manner and subject to the same requirements as provided in Section 6.11 <br /> (As-Built Plans and Maps). <br /> 8.2. Rearrangement and Relocation to Accommodate Third Parties <br /> Licensee shall reasonably cooperate with and promptly respond to requests to rearrange <br /> or relocate the Equipment to accommodate third parties authorized to use the Streets <br /> ("Third-Party Accommodations"). All costs to perform any Third-Party Accommodations <br /> shall be borne by the person or entity to be accommodated; provided, however, that <br /> Licensee shall be solely responsible to collect any costs incurred by Licensee from such <br /> third party and the City shall have no liability to Licensee for any such costs. Prior to any <br /> Third-Party Accommodations performed by Licensee, Licensee shall be permitted to <br /> require (1) either a cash deposit, bond or other surety from the person or entity to be <br /> accommodated in a commercially reasonable form and in an amount reasonably <br /> estimated by Licensee to cover the costs associated with the proposed Third-Party <br /> Accommodations; and (2) a written agreement signed by the person or entity to be <br /> accommodated to indemnify, defend and hold Licensee and its Agents harmless from <br /> and against any and all Claims that arise in connection with the proposed Third-Party <br /> Accommodations, except to the extent any Claims are directly caused by Licensee's or <br /> its Agent's negligence or willful misconduct. Nothing in this License shall be construed to <br /> require Licensee to perform any Third-Party Accommodations that would materially <br /> reduce, impair or otherwise diminish Licensee's Equipment or Licensee's operations on <br /> the License Area. Within 90 days after any Third-Party Accommodations, Licensee shall <br /> {00033905,°/01) <br /> City of Pleasanton, CA 15 <br /> DRAFT Pole License Agreement <br />
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