PL PACKET 04181996 - Laserfiche WebLink

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• to the same or better condition than existed prior to commencement of the work necessitating a permit. The work must be completed as promptly as weather permits. If the Company does not promptly perform and complete the work, remove all dirt, rubbish, equipment and material, and restore the Public Ground to the same condition, the City may put it in the same condition at the expense of the Company. The Company must, upon demand, pay to the City the direct and indirect cost of the work done for or performed by the City, including, but not limited to, the City's administrative costs. To recover its costs, the City will first draw on the security posted by the Company and then recover the balance of the costs incurred from the Company directly by written demand. This remedy is in addition to any other remedies available to the City. Subdivision 2. Company Initiated Relocation. The Company must give the City written notice prior to a Company initiated relocation of Facilities. A Company initiated relocation must be at the Company's expense and must be approved by the City, such approval shall not be unreasonably withheld. Subdivision 3. �City Required Relocation. The Company must promptly, with due regard for seasonal working conditions, permanently relocate its Facilities whenever the City in writing requires such relocation. If the relocation is a result of the proper exercise of the City's police power in grading, regrading, changing the location or shape of or otherwise improving Public Ground or constructing or reconstructing a public service or utility system therein, the relocation • will be at the expense of the Company. In other cases, the Company and City may by written agreement apportion the costs of relocation between them. If such relocation is done without an agreement first being made as to who is to pay the relocation cost, the relocation of the Facilities by the Company is not to be construed as a waiver of its right to reimbursement for its relocation costs. If the Company claims reimbursement for the relocation costs, it must notify the City within 30 days after receipt of the City's request for the costs. Subdivision 4. Relocation Where Public Ground Vacated. The vacation of Public Ground does not deprive the Company of the right to operate and maintain.its Facilities in the City. If the vacation proceedings are initiated by the City, the City must pay the relocation costs. If the vacation proceedings ate initiated by the Company, the Company must pay the relocation costs. If the vacation proceedings are initiated by other persons, the Company must pay the relocation costs unless otherwise agreed to by.City, Company and the other persons. SECTION 4 COMPkNL Y DEFAULT Subdivision 1. Notice. If the Company is in default in the performance of the work or occupancy authorized by the permit, including, but not limited to, restoration requirements or permanent occupancy fee payments for more than 30 days after receiving written notice from the City of the default, the City may terminate the rights of the Company under the permit, subject 4