Reso 99-134 - Laserfiche WebLink

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equally between the City and the Franchisee. Franchisee estimates the cost for opening its own trench to approximate $233,000. In the event the costs shall be substantially different from this estimated amount, Franchisee shall promptly notify the City prior to commencement of the Work in order that the City may evaluate same. The City shall use its best efforts to secure FP &L's cooperation in this matter provided however, if FP &L excavates the trench and charges back to the Franchisee a portion of its costs for its excavation, permitting and restoration of the trench, Franchisee's responsibility shall be limited to $116,500 with respect to Phase I. The City will bear the balance of the costs involved. c. It is agreed that the Phase I work shall be performed in conjunction with the construction of the City's beachfront park and, accordingly, if the trench is to be opened by Franchisee, work must be completed within forty -five (45) days from commencement and it is acknowledged by the Franchisee that it is the goal of the City to have all Phase I Work completed by September 1, 1999. If FP &L excavates the trench, Franchisee shall complete its work no later than forty -five (45) days from the opening, subject only to delays beyond Franchisee's control. If Franchisee must excavate the trench, it shall do so within one hundred and twenty (120) days, subject again only to delays beyond Franchisee's control. d. Subject to the terms of subparagraphs a. and b. hereinabove, the City shall initially pay for all direct costs of the Phase I Work, provided the Franchisee shall reimburse the City for 50 % of those costs incurred, which reimbursement shall be pro rated and paid by Franchisee over a twelve month period beginning in the year 2000. 2. Additional Phases. The undergrounding of all cable wires shall be accomplished in two additional phases. Phase II shall consist of the undergrounding of all cable wires not yet undergrounded from theoretical 175`h Street to the northerly City limits along Collins Avenue (hereinafter referred to as "Phase II Work "). Phase III shall consist of the undergrounding of all cable wires between theoretical 160`h Street, south to the southerly City limits (hereinafter referred to as "Phase III Work "). a. For all new construction projects for which the City has received an contribution for utility undergrounding, through either a voluntary proffer or as a result of the passage of-Ordinance # 99 -63, the City shall reimburse Franchisee for the direct costs associated with Phase II and III Work. If, -7- Cable Franchise Agreement