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• <br />• <br />• <br />Ordinance No. 07-83 <br />Page Six <br />Group W shall maintain an irrevocable and unconditional Letter of <br />Credit. The Letter of Credit shall provide that funds be paid to the <br />City upon demand by the City pursuant:: to the procedures and minimum <br />requirements of this section. This section further provides minimum <br />amounts for penalties such as failure .to construct the system and <br />failure to comply with terms and conditions of the franchise. Said <br />penalties may be assessed against Group W by the City and collected <br />directly from the Letter of Credit. The Letter of Credit must be <br />maintained pursuant to the procedures and requirements of this section. <br />SECTION 5. BONDS. <br />Group W must maintain with the City a bond conditioned upon the faith- <br />ful performance by Group W of the franchise, and further conditioned <br />upon the terms and requirements of this section. <br />ARTICLE IX. DEFAULT <br />SECTION 1. NOTICE AND DEFAULT. <br />City shall notify Group W in writing of violations of the franchise. <br />Group W shall have thirty days to cure such default, or be subject <br />to the procedures of this section leading to termination of the <br />franchise. <br />SECTION 2. GROSS DEFAULT. <br />If Group W is in default of any of the franchises of the Cities of <br />Blaine, Centerville, Circle Pines, Coon Rapids, Ham Lake, Lexington, <br />Lino Lakes, or Spring Lake Park, Minnesota, any one of those Cities <br />may declare Group W in default of all eight franchises. <br />ARTICLE X. FORECLOSURE, RECEIVERSHIP AND ABANDONMENT <br />SECTION 1. FORECLOSURE. <br />Upon the foreclosure or judicial sale of the System, the provisions <br />of the franchise governing consent to transfer or change in ownership <br />shall apply. <br />SECTION 2. REMOVAL AFTER TERMINATION OR REVOCATION. <br />The City shall have the right to require Group W to remove, at Group <br />W's expense, all or any portion of the System within City upon the <br />revocation or termination of the franchise pursuant to the terms and <br />procedures of this section. <br />SECTION 3. WORK PERFORMED BY OTHERS. <br />Group W must inform the City of the names and addresses of any entity <br />other than Group W which shall perform services pursuant to the franchise. <br />All provisions of the Franchise shall apply to any entity performing <br />services pursuant to the Franchise. <br />