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(A) The ROW user shall promptly remove, relocate or adjust any facilities located in the ROW as directed by the City for a public improvement or when reasonably required by the City by reason of public health, safety or welfare. Such removal, relocation, or adjustment shall be performed by the ROW user at the ROW user’s sole expense without expense to the City, its employees, agents, or authorized contractors and shall be specifically subject to rules, regulations and schedules of the City, including to any franchise agreement between the ROW user and the City. The ROW user shall proceed with relocations at due diligence upon notice by the City to begin relocation.

(B) Any damages suffered by the City, its agents or its contractors to the extent caused by ROW user’s failure to timely relocate or adjust its facilities, or failure to properly relocate or adjust such facilities including proper restoration of surfaces, shall be borne by the ROW user.

(C) It is the intent of this Section for both the City and the ROW user to cooperate with one another so that the need for facility relocation is minimized and, when required and feasible, relocations may be completed prior to receipt of bids by the City for a public improvement.

(D) If the City vacates a ROW which contains the facilities of a ROW user, and if the vacation does not require the relocation of the ROW user’s facilities, the City shall reserve, to and for itself and all ROW users having facilities in the vacated ROW, an easement for the right to install, maintain and operate any facilities in the vacated ROW and to enter upon such vacated ROW at any time for the purpose of reconstructing, inspecting, maintaining or repairing the same. (Ord. 16-58 § 1, 2016.)