My WebLink
|
Help
|
About
|
Sign Out
Home
Browse
Search
2022 Resolutions
Portsmouth-City-Attorney
>
RESOLUTIONS
>
2022
>
2022 Resolutions
Metadata
Thumbnails
Annotations
Entry Properties
Last modified
12/15/2022 3:40:17 PM
Creation date
1/27/2022 11:14:35 AM
Metadata
There are no annotations on this page.
Document management portal powered by Laserfiche WebLink 9 © 1998-2015
Laserfiche.
All rights reserved.
/
185
PDF
Print
Pages to print
Enter page numbers and/or page ranges separated by commas. For example, 1,3,5-12.
After downloading, print the document using a PDF reader (e.g. Adobe Reader).
View images
View plain text
streets and without affecting, altering or disturbing in any way any utility facilities or <br />electric or other cables, wires, Structures or attachments; <br />B. Chesapeake shall have the right to inspect and approve the condition of such Streets after <br />removal and, to the extent that Chesapeake determines that said Streets and other property <br />have not been left in materially as good condition as that prevailing prior to Portsmouth's <br />removal of the facilities, Portsmouth shall be liable to Chesapeake for the cost of restoring <br />the Streets and other property to said condition; <br />C. The liability insurance and indemnity provisions of this Agreement shall remain in full <br />force and effect during the entire period of removal and associated repair of all Streets, and <br />for not less than one year thereafter; and <br />D. Removal shall commence within ninety (90) days of the Chesapeake's issuance of a notice <br />to remove and shall be substantially completed within twelve (12) months thereafter <br />including all associated repair of the Streets. <br />Section 3.07 Failure to Commence Removal. If, in the reasonable judgment of Chesapeake, <br />Portsmouth fails to commence removal of the facilities in the public streets within ninety (90) days <br />after Chesapeake's notice to remove, or if Portsmouth fails to substantially complete such removal, <br />including all associated repair of the public streets and public property, within twelve (12) months <br />thereafter, then, Chesapeake or its designee, shall have the right to remove the facilities installed <br />by Portsmouth in the public streets at Portsmouth's cost and expense. <br />Section 3.08 Abandonment. Upon the termination or expiration of this Agreement, including <br />any renewal period, or if any portion of Portsmouth' facilities is abandoned, Portsmouth shall <br />remove its facilities at its own expense; provided, however, that if directed by Chesapeake City <br />Manager in writing, Portsmouth may abandon some or all of the facilities in place, and such <br />facilities shall become the property of Chesapeake upon their abandonment. If in the event <br />Portsmouth fails to remove its facilities within one hundred twenty (120) days after abandonment <br />or termination, except facilities abandoned in place at the direction of, or with the consent of <br />Chesapeake, Chesapeake may cause such facilities to be removed, without further notice, and <br />charge the cost for removal to Portsmouth, which shall pay such costs within thirty (30) days of <br />the demand to do so. Chesapeake may collect such costs, expenses and attorney's fees as debts <br />owed to Chesapeake by bringing action in any court of competent jurisdiction to enforce this <br />section. Chesapeake shall also have a lien on the property and or facilities of Portsmouth in an <br />amount equal to all such costs, expenses, and legal fees associated with collection efforts. <br />Section 3.09 Compliance With Applicable Law. Portsmouth shall at all times during the term <br />of this Agreement, including any renewal period, comply with all applicable federal, state, and <br />local laws, Agreements, and regulations. Expressly reserved to Chesapeake is the right to adopt, <br />in addition to the provisions of this Agreement and existing laws, such additional Ordinances and <br />regulations as are necessary for the lawful exercise of its police power for the benefit and safety <br />of the public. Portsmouth shall notify Chesapeake in writing within sixty (60) days of any <br />violation, suspension, or revocation of any Federal, State or local laws, Ordinances or regulation. <br />
The URL can be used to link to this page
Your browser does not support the video tag.