11-12-2003 Council Agenda - Laserfiche WebLink

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the right -of -way from which the facilities are removed to as good a condition as existed before the removal was effected. SECTION 9- NON - EXCLUSIVE GRANT This Agreement shall not in any manner prevent the City from entering into other similar agreements or granting other or further franchises in, under, on, across, over, through, along or below any City right -of -way or all other public lands and properties of every type and description. Such Agreement shall in no way prevent or prohibit the City from using any City right -of -ways or other public properties or affect its jurisdiction over them or any part of them, and the City shall retain power to make all necessary changes, relocations, repairs, maintenance, establishment, improvement, dedication of same as the City may deem fit, including the dedication, establishment, maintenance, and improvement of all new rights -of -ways and other public properties of every type and description. SECTION 10- TERM This Agreement shall be and remain in full force and effect for a period of ten (10) years from the effective date hereof, unless sooner terminated as herein provided. The parties hereto agree that this Agreement may be renewed at the end of the teiin for an additional ten (10) year term subject to the re- negotiation of all provisions including conditions of use. The Company shall give notice of its interest in extension of this Agreement at least six (6) months prior to the expiration of the term. The parties further agree that the Agreement may be modified, if during the term indicated above, it becomes legally necessary in order to remain in compliance with any changes in state law. SECTION 11- ASSIGNMENT The rights contained in this Agreement inure to the benefit of the Company, and any parent, subsidiary, affiliate or successor entity now or hereafter existing. The rights shall not be assignable to any other person or entity without the express written consent of the governing body of the City, which consent shall not be unreasonably withheld. SECTION 12- NOTICES All notices required to be given to either party under the provision of this Agreement shall be deemed served when delivered by hand, or 48 hours after being sent by certified United States mail, retum receipt requested, in writing to the persons specified below. H: \KrisP \Public Works \STREETS \ROW AGREEMENT.DOC Page 6 of 7