05-14-1997 Council Agenda - Laserfiche WebLink

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SECTION 7- FORFEITURE OF GRANT AND PRIVILEGE In case of failure on the part of the Company, its successors and assigns, to comply with any of the provisions of this Agreement, or if the Company, its successors and assigns, do or cause to be done any act or thing prohibited by or in violation of the terms of this Agreement, the Company, its successors and assigns shall forfeit all rights and privileges granted herein, and all rights hereunder shall cease, terminate and become null and void, provided that said forfeiture shall not take effect until the City shall carry out the following proceedings. Before the City proceeds to forfeit said grant, as in this section prescribed, it shall first serve a written notice upon the Company, setting forth in detail in such notice the neglect or failure complained of, and the Company shall have sixty days thereafter in which to comply with the conditions of this grant and privilege. If at the end of such sixty-day period the City deems that the conditions have not been complied with and that the Agreement is subject to cancellation by reason thereof, the City shall take action to repeal the Agreement; setting out the grounds upon which said grant and privilege is to be canceled or terminated. If within thirty days after the effective date of said action the Company shall not have instituted an action, either in the District Court of Ramsey County, Minnesota, or some other court of competent jurisdiction to determine whether or not the Company has violated the terms of this Agreement and that the Agreement is subject to cancellation by reason thereof, this Agreement shall be canceled and terminated at the end of such thirty-day period. If within such thirty -day period the Company does institute an action, as above provided, to determine whether or not the Company has violated the terms of this Agreement and that the Agreement is subject to cancellation by reason thereof and prosecutes such action to final judgement with due diligence, then, in that event, in case the court finds that the Agreement subject to cancellation by reason of the violation of its terms, this Agreement shall terminate thirty days after such final judgement is rendered. SECTION 8- RIGHTS AND DUTIES Upon expiration of this Agreement, whether by lapse of time, by agreement between the Company and the City, or by forfeiture thereof, the Company shall remove from public property any and all of its facilities that are subject to this Agreement within a reasonable time after such expiration, and, it shall be the duty of the Company immediately upon such removal to restore 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 Page 45