Upon request of the grantor, the grantee shall relocate its facilities as necessary within the present and future streets, alleys, highways and other public places owned by the grantor. The grantor shall have no responsibility for the costs of such relocations. The grantee shall bear the cost of relocating its facilities at the grantor's request, unless the facilities are to be relocated for the benefit of a third party, in which case the third party shall pay the costs of relocation. Grantee agrees to defend and hold grantor harmless when any third party is required to move grantee's facilities pursuant to this franchise.
A. Public Right Of Way Improvement: Whenever the grantor causes a public right of way improvement to be undertaken within the franchised area, and such public right of way improvement requires the relocation of grantee's then existing facilities within the franchised area, the grantor shall:
1. Provide grantee, within a reasonable time prior to the commencement of such public right of way improvement, written notice requesting such relocation; and
2. Provide grantee with reasonable plans and specifications for such public right of way improvement.
After receipt of such notice and such plans and specifications, grantee shall relocate such facilities within the franchised area at no charge to the grantor. As used in this section, the term "public right of way improvement" is a grantor funded capital improvement to the public right of way identified in the grantor's transportation improvement program. (Ord. 507A, 7-24-2007)