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"Public project " - any project planned or undertaken by the City or any governmental
<br />entity for construction, reconstruction, maintenance, or repair of public facilities or public
<br />improvements, or any other purpose of public nature.
<br />"Right -of- way " - present and future streets, alleys, rights -of -way, and public easements,
<br />including right -of -way or easements dedicated in plats and right -of -way acquired through
<br />condemnation or annexation by the City of Little Canada, Minnesota.
<br />SECTION 2- AUTHORITY GRANTED
<br />The City hereby grants to the Company, and any parent, subsidiary, affiliate, or successor,
<br />subject to the terms and conditions hereinafter set forth, permission to construct, operate
<br />and maintain its facilities in, under, on, through or along the public right -of -way.
<br />SECTION 3- USE OF- RIGHT -OF -WAY
<br />In the use of right -of -way under this Agreement, the Company shall be subject to all rules,
<br />regulations, policies, resolutions, and ordinances now or hereafter adopted or promulgated by the
<br />City in the reasonable exercise of its police power and is subject to all applicable laws, orders,
<br />rules and regulations adopted by governmental bodies now or hereafter having jurisdiction. In
<br />addition, the Company shall be subject to all specifications, design criteria, policies, resolutions,
<br />and ordinances now or hereafter adopted or promulgated by the City relating to permits and fees,
<br />sidewalk and pavement cuts, utility location, construction coordination, surface restoration, and
<br />other requirements on the use of right -of -way and shall comply with the following:
<br />(a) The Company's use of right -of -way shall in all matters be subordinate to the City's use of the
<br />right -of -way for any public improvement as defined herein. The Company shall coordinate
<br />the placement of its facilities in a manner that minimizes adverse impact on public
<br />improvements, as reasonably determined by the City. Where placement is not otherwise
<br />regulated, the facilities shall be placed with adequate clearance from such public
<br />improvements so as not to impact or be impacted by such public improvement as defined in
<br />the City's technical specifications and design criteria available from the City Engineer's
<br />office.
<br />(b) All earth materials, sidewalks, paving, crossings, utilities, public improvements, or
<br />improvements of any kind injured or removed by the Company in its activities under this
<br />Agreement shall be fully repaired or replaced promptly by the Company at its sole expense
<br />and to the reasonable satisfaction of the City or owner thereof.
<br />(c) All facilities constructed, reconstructed, or relocated in the right -of -way after the date hereof
<br />shall be placed underground unless otherwise agreed to by the city. However, the parties
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