2022 Resolutions - Laserfiche WebLink

Home Browse Search

C. any failure of Portsmouth to comply with any material term, condition or provision of this Agreement or failure to comply with applicable laws of the Chesapeake City Code or Chesapeake Zoning Ordinance. Section 3.04 Voluntary Termination by Portsmouth. Upon sixty (60) days written notice, Portsmouth may choose to terminate the Agreement upon expiration of the Term, unless the same be sooner voluntarily surrendered by said Portsmouth or unless the same be sooner forfeited as provided by federal or state law, including this Agreement. Section 3.05 Rights Upon Termination. In the event of any termination of this Agreement, whether pursuant to this Article or by the expiration of the Term, Portsmouth shall remove its facilities, or request in writing that Chesapeake allow its facilities to remain in place. If Portsmouth makes a written request to allow its facilities to remain in place, Portsmouth must also submit for Chesapeake's approval a complete description of the facilities and the date upon which Portsmouth intends to discontinue its use of the facilities. Notwithstanding any approval by Chesapeake that a requested facility may remain in place, Chesapeake may require, at a later date and at any time, that Portsmouth remove the facility from the Street, or that it must modify that facility to protect the public health, welfare, safety and convenience, or otherwise serve the public interest. Chesapeake may also require Portsmouth to perform a combination of modification and removal of the facility. Portsmouth shall complete such removal or modification in accordance with a schedule set by Chesapeake. Until such time as Portsmouth removes or modifies the facility as directed and approved by Chesapeake, Portsmouth shall be responsible for all necessary repairs and relocations of the facility, maintenance of the public street in the same manner and degree as if the facility were in active use, maintenance of insurance requirements as provided in this Agreement and Portsmouth shall retain all liability for such facility. If Portsmouth abandons its facilities, Chesapeake may choose to use such facilities as authorized by state or federal law. Upon the termination of the Agreement, the facilities as well as the property, if any, of Portsmouth in the Public streets, Public rights -of -ways or public ways and other public places shall thereupon, without compensation to Portsmouth, or upon the payment of a fair valuation become the property of Chesapeake; but Portsmouth shall be entitled to no payment by reason of the value of the Agreement. Any such facilities or property acquired by Chesapeake may be sold or leased or, if authorized by general law, maintained, controlled, and operated by Chesapeake. Section 3.06 Removal Upon Termination. Upon Portsmouth's decision to remove any facility at the termination of this Agreement or Chesapeake's decision not to allow any facility to remain in place at the termination of this Agreement, Portsmouth shall remove, at Portsmouth's sole cost and expense, all, or any portion designated by Chesapeake, of the facilities in the public streets in accordance with all applicable requirements of Chesapeake and subject to the following: A. In removing the facilities in the public streets, or part thereof, Portsmouth shall refill and compact, at its own cost and expense, any excavation that shall be made by it and shall leave, in all material aspects, all public streets and other property in as good or better condition as that prevailing prior to Portsmouth's removal of the facilities from the public