25H - AGMT - RIGHT OF ENTRY AUTO MALL DR

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Premises I to Premises 2, It is expressly understood that this Agreement does not in any way whatsoever grant or convey any rights of possession, easement or other cognizable property interest in said Street. Said License shall include the right to install, maintain and repair said fiber optic cable in License Area 1, and maintain/repair said fiber optic cable in License Area 2. 2. Ucensee's Duties. By execution of this Agreement, LICENSEE agrees for itself and on behalf of its employees, agents, consultants and contractors as follows: a, All work shall comply with the current edition of the Standard S gcifications for Fublio _Works Construction C recn BOW and all applicable City Ordinances, Standards and Specifications currently in effect. Tho work, including inatlrod of installation and limits of construction of the fiber optic cable shall be depicted on a plan and shall be subject to review inspection and approval by the City Engineer. Any contractor performing work shall first obtain an excavation permit from the CITY. The LICENSEE shall endeavor to maintain and repair the License+ Areas from private property owned or controlled by LICENSEE, if practical. Any maintenance or repair of the conduit or its contents via Auto Mall Drive right of way shall require the LICENSEE to apply for and obtain an excavation permit from the City. b. LICENSEE accepts full responsibility for all damages and restoration and agrees to reimburse CITY for performing all wort: and furnishing all materials to correct any failure to comply with the rules and terms hereof and all applicable City regulations, Failure to pay ally bills due under any permission issued by CITY may result in rendering LICENSEE ineligible for any additional public Works Agency permit until such bill is paid. C. All work shall be clone by a. State Licensed Contractor with the appropriate classification. In addition, fire oontmetor shall possess a current City Business Lioonso, d. Traffic. Traffic control shall comply with City Standard Plan No. 1125F and the Work Area Traffic Control Hardbook (WATCH). Amber lights must be maintained at night. Any street closure shall comply with CCU St_eLi dic flan Noj 2LF. e. Fire Hydrant Permits shall be obtaiyad from the Public Works Agency bofore water is obtained from any public hydrant, I. LICENSEE or its contractor shall patch all authorized street cuts to City Standards, including backfillingwith 90 peroontrelativo compaction and temporary AC pavement. LICENSEE or its contractor shall place permanent: patch within 30 days of placing the temporary patch. A City Street Construction Inspector must be present to inspect placement of backfill and both temporary and permanent patches. g. Refuse, rubblo, gravel, dirt or unused materials shall be, removed on a daily basis and final cleanup shall take place within 3 days after completion of the work. If not so removed, CITY will remove such refuse, rabble, gravol, dirt or unused materials at LdC,ENSEE's expense, including the current call -out charge. 25H -8