Reso 2022-3432 - Laserfiche WebLink

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agreed are in compliance with all operational and safety guidelines, codes and standards. BREEZELIKE and CITY have mutually agreed upon the location of the facilities within the ROW as per the construction drawings. Said construction drawings shall be attached as Exhibit "A" to this Agreement, are part of this Agreement, and may be amended to reflect changes to location of facilities as required. 3. Relocation and Rearrangement of BREEZELINE Facilities. If the CITY or other agency with control over the CITY ROW or Other ROW, for any reason whatsoever, requires that BREEZELINE relocate or rearrange, in whole or in part, any Underground Facilities (as they are to exist as a result of this Conversion, or as they may later be modified, upgraded, or otherwise altered) from or within the CITY ROW or Other ROW, the CITY, notwithstanding any language to the contrary in any applicable permit or franchise agreement, and prior to any such relocation by BREEZELIKE, shall provide BREEZELINE with a substitute location, satisfactory to BREEZELIKE, obtain any easements that may be necessary, and shall pay BREEZELINE for the costs of any such relocation, adjustment or rearrangement, now or in the future. CITY shall reimburse BREEZELIKE for all costs to locate, expose, protect or support the Underground Facilities, whether underground or above ground, in the event of future construction or excavation in close proximity to the Underground Facilities, when such services are required by CITY or other agency with control over the CITY ROW or Other ROW CITY shall use its best efforts in any design and construction of its future road improvement projects to avoid or mitigate the necessity of relocating or adjusting the Underground Facilities in CITY ROW and, to the extent reasonably practicable, in Other ROW. CITY shall only be responsible for relocation costs associated with replacement facilities conforming to BREEZELINE standards in effect at the time of relocation. Any costs associated with the replacement facilities to provide increased capacity, improved reliability, future use facilities, or other such enhancements over and above the BREEZELIKE standards in effect at the time of the relocation shall not be the responsibility of CITY. Nothing herein shall preclude CITY from obtaining reimbursement for any and all costs requiring BREEZELINE to relocate or rearrange any of its Underground Facilities from that entity which initiated the requirement for the relocation or rearrangement of the facilities, excluding only other agencies which own or have jurisdiction over the ROW. BREEZELINE shall be responsible for any and all costs of removal or relocation when such removal or relocation is initiated by BREEZELIKE. Additionally, BREEZELINE agrees that when any portion of a street is excavated by BREEZELINE in the location, relocation or repair of any of its facilities when said location, relocation or repair is initiated by BREEZELIKE, the portion of the street so excavated shall, within a reasonable time and as early as practical after such excavation, be replaced by BREEZELINE at its expense in a condition as good as it was at the time of such excavation. 4. Abandonment or Sale of CITY ROW. If the CITY desires to subsequently abandon or discontinue use of the CITY ROW, and ownership of the land is transferred to a private party, the CITY, as a condition of and prior to any such sale, abandonment, or vacation, shall grant BREEZELINE an easement satisfactory to BREEZELINE for the Underground Facilities then Page 2 of 6