2021 Ordinances - Laserfiche WebLink

Home Browse Search

requested, notify Segra of the City's intent to determine if such fiber optic or other cable and related facilities are unused. Segra shall then have thirty (30) days to respond to the City by demonstrating that such facilities are used. If Segra is unable to demonstrate that the facilities are used, the facilities shall be deemed Unused Facilities and shall be subject to the provisions of Section 3(b) below. Section 3. Term of Agreement. (a) The term of this Agreement shall be for an initial term of seven (7) years, commencing on the date of approval of this Agreement by the City Council. Unless either party gives at least ninety (90) days written notice of its intention to terminate the Agreement prior to the end of the initial term, the Agreement shall thereafter automatically renew and continue on an annual basis from year -to -year; provided, however, that either party may, upon giving at least ninety (90) days written notice prior to the end of each annual renewal period, terminate the Agreement. In addition to the foregoing, Segra shall have the right to terminate this Agreement at any time upon giving the City at least ninety (90) days' prior written notice of termination. Upon termination of this Agreement as herein provided, and unless the parties are in active good faith negotiation of a replacement agreement or otherwise and agree in writing to an extension, Segra shall be prohibited from further access to the public rights - of -way in the City of Portsmouth except as necessary to perform its obligations in Section 3(b). (b) Upon the termination or expiration of this Agreement, including any renewal period, or if any portion of Segra's facilities are deemed Unused Facilities, Segra shall remove its telecommunications facilities, or, if applicable, the Unused Facilities, from the City's public streets and public rights -of -way at its own expense; provided, however, that if directed or authorized by the City in writing, Segra may abandon some or all of the facilities in place, and such facilities shall become the property of the City upon their abandonment. If in the event Segra fails to remove its facilities within ninety (90) days after termination or after such facilities are deemed to be Unused Facilities, except facilities abandoned in place at the direction of, or with the consent of the City, the City may cause such facilities to be removed, without further notice, and charge the cost for removal to Segra, which shall pay such costs within thirty (30) days of the demand to do so. The City may collect such costs, expenses and attorney's fees as debts owed to the City by bringing action in any court of competent jurisdiction to enforce this section 3(b). The City shall also have a lien on the property of Segra in an amount equal to all such costs, expenses, and legal fees associated with collection efforts. (c) In the event that the City determines that Segra is in breach of its material obligations or duties under this Agreement, the City may give written notice to Segra 01