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11-12-2025 Council Packet
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11-12-2025 Council Packet
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<br />3 <br /> <br />(d) The Municipality shall remove Ornamental Pole Attachments from Poles, at <br />Municipality’s sole cost and expense, as follows: (i) all Ornamental Pole Attachments <br />shall be removed prior to the expiration or termination of the Term of this Agreement, or <br />(ii) any Ornamental Pole Attachment(s) shall be removed within three (3) business days <br />after the revocation of the license for any such Ornamental Pole Attachment(s). <br />Notwithstanding the foregoing, if Xcel Energy revokes the license for any Ornamental <br />Pole Attachment because it interferes with Xcel Energy’s use of the Pole, or because of <br />inclement weather, Xcel Energy may remove the Ornamental Pole Attachment, without <br />notice, and without liability to the Municipality or any other person, except for injury or <br />damage to persons or property caused by the gross negligence or willful misconduct of <br />Xcel Energy. The Municipality shall pay Xcel Energy the reasonable, documented costs <br />of such a removal. <br /> <br />(e) If Municipality fails to remove all the Ornamental Pole Attachments from the Poles <br />within thirty (30) calendar days after termination or expiration of the Agreement, or <br />within the period of time specified in this Agreement for removal of Ornamental Pole <br />Attachments in other circumstances, Xcel Energy may do so, and Municipality shall pay <br />the reasonable, documented costs of such removal. Xcel Energy shall have no liability to <br />Municipality for any damage to or destruction of Ornamental Pole Attachments removed <br />by Xcel Energy after Municipality’s failure to timely remove the Ornamental Pole <br />Attachments, except for injury or damage to persons or property caused by the gross <br />negligence or willful misconduct of Xcel Energy. <br /> <br />(f) Municipality will not attach any Ornamental Pole Attachment to any streetlight pole <br />owned by Xcel Energy that is not included on the list of Poles contained on Exhibit A, as <br />it may be amended as provided herein, nor will the Municipality issue a permit, license, <br />or other grant of right allowing any third party to do so. <br /> <br />(g) Any work by Municipality on or about Xcel Energy’s Poles shall be performed by <br />Municipality with only qualified and competent employees and contractors <br />knowledgeable in the work to be performed who are familiar with the facilities and safe <br />practices utilized in, on or around Xcel Energy’s Poles. Municipality agrees that Xcel <br />Energy is not responsible for, and Municipality shall defend, indemnify, and hold Xcel <br />Energy harmless from any claims arising from the performance of any installation, <br />construction, maintenance, or removal of Municipality’s Ornamental Pole Attachments. <br />Municipality shall perform any work at such times and in such manner as to minimize <br />interruptions and interference with Xcel Energy’s and property owners’ activities. <br /> <br />4. Damage to Poles. Municipality shall pay for Xcel Energy to repair damage to any Pole <br />which arises out of, or results from, the installation, maintenance, or removal of any <br />Ornamental Pole Attachment from any Pole. Municipality shall promptly report to Xcel <br />Energy, in writing, the occurrence of damage to any Pole occasioned by the <br />Municipality’s use of the Poles or otherwise observed by the Municipality. <br /> <br />5. No Cost to Xcel Energy. Whenever, in this Agreement, anything is to be done or <br />performed by the Municipality, it shall be done or performed at no cost to Xcel Energy. <br />
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