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<br />Section 10. Construction bond. <br /> <br />Pursuant to Section 11 of Ordinance No. 99-..f1:2. at the City Manager's request, prior to <br />any cable system construction, upgrade, rebuild or other significant work in the streets, franchisee <br />shall furnish a construction bond in favor of the City in the amount of $50,000.00. If such <br />construction bond is not furnished to the City ten days prior to start of any such construction, <br />construction shall be delayed until such time as the construction bond is provided in a form <br />acceptable to the City Manager. The construction bond must be approved by the City Manager <br />or his/her designee, which approval shall not be unreasonably withheld. The construction bond <br />shall be maintained until said construction work for each Phase as defined in Paragraph 11 below <br />is accepted as complete by the City in writing and for a period not to exceed six months thereafter. <br />Franchise shall notify the City Manager in writing when it believes the construction has been <br />completed. <br /> <br />Section 11. Use of streets. <br /> <br />A. Franchise agrees at all times to comply with and abide by all applicable provisions <br />of the City Code. <br /> <br />B. All of franchisee's cable system distribution facilities shall be installed and <br />maintained underground to the extent required by Section 19(i) of Ordinance 99- '2e except as <br />specifically modified in this Agreement. Franchisee and the City agree that the relocation of cable <br />underground shall be accomplished in phases and upon the following mutually acceptable terms <br />and conditions: <br /> <br />1. Phase I. Phase I shall consist of the undergrounding of all wires between <br />theoretical 172nd Street and theoretical 175th Street along Collins A venue <br />(hereinafter referred to as "Phase I Work"). <br /> <br />a. Upon execution of this Agreement, Franchisee agrees to pay to the City <br />the first $30,000 of the costs of Phase I Work as a good faith deposit which <br />shall be credited against the amount received in connection with the Phase <br />I Work as described in subparagraph 1. d. hereinbelow. <br /> <br />b. Unless FP & L agrees to excavate a trench for the undergrounding of all <br />wires, in which event Franchisee shall install its underground wires at its <br />sole cost and expense, then Franchisee so agrees to excavate such trench for <br />the purpose of undergrounding its cable wires and the direct costs incurred <br />thereby including engineering design, materials, state permitting fees and <br />actual construction (hereinafter referred to as "direct costs") shall be borne <br /> <br />-6- <br /> <br />Cable Franchise Agreement <br /> <br />~ <br />~ <br />