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satisfactorily and timely performed by the -Franchisee, the City may, after prior notice to
<br />the Franchisee, or without notice where the disturbance or damage may create an
<br />imminent risk to public health or safety, cause the repairs to be made and recover the
<br />actual, and documented cost of those repairs from the -Franchisee. Within thirty -(30) days
<br />of receipt of an itemized list of those costs, including the costs of labor, materials and
<br />equipment, the -Franchisee shall pay the City.
<br />- 9. Restoration of Private Property. When Franchisee does any Work in
<br />the Public Rights -=of -=Way that affects, disturbs, alters, or damages any adjacent private
<br />property, it shall, at its own expense, be responsible for restoring such private property to
<br />its condition immediately prior to the affect, disturbance, alteration, or damage, to the
<br />reasonable satisfaction of the private property owner.
<br />10. Stop Work. On notice from the City that any Work does not comply with
<br />the Franchise, the approved Design Documents for the VjJ, ofk, the Standards, or other
<br />applicable Law, or is being performed in an unsafe or d ,, rous manner as determined
<br />by the City, the non-compliant Work may immediately • ped by the City. The stop
<br />work order shall be in writing, given to the Person •i 'g thefrk and be posted on the
<br />Work site, indicate the nature of the alleged viol �n or unsa 1ondition and establish
<br />conditions under which Work may be resume/If s• .rdered, Franchisee shall cease
<br />and shall cause its contractors and subcontrac �� ease such activity until the City is
<br />satisfied that Franchisee is in compliant . If an ,- afe condition is found to exist, the
<br />City, in addition to taking any other ac itte, der applicable Law, may order
<br />G, ��i/„//r
<br />Franchisee to make the necessary repai•�� an /� � tions specified therein forthwith to
<br />correct the unsafe condition by a the 4'stab ` (hes in its discretion. The City has
<br />����"� safe condition if Franchisee fails to do
<br />the right to inspect, repair, an./ ape
<br />the so,
<br />and to reasonably charge Fj!% chis /for th4ctual and documented costs incurred to
<br />perform such inspection, reps#,•r . r mePayment tby
<br />�Franchisee will be made within
<br />thirty (30) days folio ec.�=t, of written notice including itemized invoice and
<br />supporting docume fbn nr such cost. The authority and remedy set forth
<br />herein in this sects ;%fs in addi to and not a substitute for, any authority the City may
<br />otherwise have to to nforce„ nt action for violation of City Codes or Standards.
<br />11. Alteration. °°'r,7i5t as may be shown in the Design Documents approved
<br />by the City or the records dr -wings, or as may be necessary to respond to an Emergency,
<br />Franchisee and Franchisee's contractors and subcontractors may not make any material
<br />alterations to the Franchise Area without the City's prior written consent, which consent
<br />shall not be unreasonably withheld. The parties acknowledge that nothing in this
<br />A.reen arreernent limits the City's rights under applicable federal, state, and local
<br />laws to regulate the placement and appearance of Franchisee's Facilities in the Franchise
<br />Area. Material alteration shall include, but not be limited to: a change in the dimension,
<br />height, location, or placement of the Facilities. If Franchisee desires to change either the
<br />location of any Facilities or otherwise materially deviates from the approved design of any
<br />of the Facilities, Franchisee shall submit such change to the City in writing for its approval.
<br />Franchisee shall have no right to commence any such alteration until after Franchisee
<br />has received the City's approval of such change in writing. Under no circumstance shall
<br />Franchisee permanently affix anything in the Franchise Area that has not been permitted
<br />by the City and/or that inconveniences the public use of the right of way or adversely
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