Laserfiche WebLink
25 <br /> <br />other facilities, the penalty shall be $500.00 per day for each day, or part <br />thereof, such failure occurs or continues. <br /> <br />iv. For Grantee’s breach of any written contract or agreement with or to the <br />City or its designee, the penalty shall be $500.00 per day for each day, or <br />part thereof, such breach occurs or continues. <br /> <br />v. For failure to comply with any of the provisions of this Franchise, or other <br />City ordinance for which a penalty is not otherwise specifically provided <br />pursuant to this paragraph c, the penalty shall be $250.00 per day for each <br />day, or part thereof, such failure occurs or continues. <br /> <br />d. Each violation of any provision of this Franchise shall be considered a <br />separate violation for which a separate penalty can be imposed. <br /> <br />e. Whenever City finds that Grantee has violated one or more terms, <br />conditions or provisions of this Franchise, or for any other violation contemplated in <br />Subparagraph c. above, a written notice shall be given to Grantee informing it of such <br />violation. At any time after thirty (30) days (or such longer reasonable time which, in the <br />sole determination of City, is necessary to cure the alleged violation) following local <br />receipt of notice, provided Grantee remains in violation of one or more terms, conditions <br />or provisions of this Franchise, in the sole opinion of City, City may draw from the Letter <br />of Credit all penalties and other monies due City from the date of the local receipt of <br />notice. <br /> <br />f. Whenever the Letter of Credit is drawn upon, Grantee may, within seven <br />(7) days of such draw, notify City in writing that there is a dispute as to whether a <br />violation or failure has in fact occurred. Such written notice by Grantee to City shall <br />specify with particularity the matters disputed by Grantee. All penalties shall continue to <br />accrue and City may continue to draw from the Letter of Credit during any appeal <br />pursuant to this subparagraph. <br /> <br />i. City shall hear Grantee's dispute within sixty (60) days and render a final <br />decision within sixty (60) days thereafter. <br /> <br />ii. Upon the determination of City that no violation has taken place, City <br />shall refund to Grantee, without interest, all monies drawn from the Letter <br />of Credit by reason of the alleged violation. <br /> <br />g. If said Letter of Credit or any subsequent Letter of Credit delivered <br />pursuant thereto expires prior to thirty (30) months after the expiration of the term of this <br />Franchise, it shall be renewed or replaced during the term of this Franchise to provide <br />that it will not expire earlier than thirty (30) months after the expiration of this Franchise. <br />The renewed or replaced Letter of Credit shall be of the same form and with a bank <br />authorized herein and for the full amount stated in paragraph 2(a) of this Section. <br /> <br />46