05-14-1997 Council Agenda - Laserfiche WebLink

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"Right -of- way " - present and future streets, alleys, rights -of -way, and public easements, including right -of -way or easements dedicated in plats and right -of -way acquired through condemnation or annexation by the City of Little Canada, Minnesota. SECTION 2- AUTHORITY GRANTED The City hereby grants to the Company, and any parent, subsidiary, affiliate, or successor, subject to the terms and conditions hereinafter set forth, permission to construct, operate and maintain its facilities in, under, on, through or along the public right -of -way. SECTION 3- USE OF- RIGHT -OF -WAY In the use of right -of -way under this Agreement, the Company shall be subject to all rules, regulations, policies, resolutions, and ordinances now or hereafter adopted or promulgated by the City in the reasonable exercise of its police power and is subject to all applicable laws, orders, rules and regulations adopted by governmental bodies now or hereafter having jurisdiction. In addition, the Company shall be subject to all specifications, design criteria, policies, resolutions, and ordinances now or hereafter adopted or promulgated by the City relating to permits and fees, sidewalk and pavement cuts, utility location, construction coordination, surface restoration, and other requirements on the use of right -of -way and shall comply with the following: (a) The Company's use of right -of -way shall in all matters be subordinate to the City's use of the right -of -way for any public improvement as defined herein. The Company shall coordinate the placement of its facilities in a manner that minimizes adverse impact on public improvements, as reasonably determined by the City. Where placement is not otherwise regulated, the facilities shall be placed with adequate clearance from such public improvements so as not to impact or be impacted by such public improvement as defined in the City's technical specifications and design criteria available from the City Engineer's office. (b) All earth materials, sidewalks, paving, crossings, utilities, public improvements, or improvements of any kind injured or removed by the Company in its activities under this Agreement shall be fully repaired or replaced promptly by the Company at its sole expense and to the reasonable satisfaction of the City or owner thereof. (c) All facilities constructed, reconstructed, or relocated in the right -of -way after the date hereof shall be placed underground unless otherwise agreed to by the city. (d) The Company shall keep and maintain accurate records and as-built drawings depicting horizontal and vertical location of all facilities constructed, reconstructed, or relocated in the right -of -way after the date hereof. Page 42