(a) No Obstruction. Grantee’s Facilities shall be constructed and maintained in such a manner as not to obstruct or hinder travel or public safety on such public ways or obstruct use by the City or other users of the PROW.

(b) Use Subordinate to City. Grantee’s use of the PROW is subject and subordinate to the reasonable public health, safety and welfare requirements and regulations of the City. The City may prohibit the use or occupancy of a specific portion of the PROW due to a reasonable public interest necessitated by public health, safety and welfare so long as such interest is exercised in a competitively neutral manner and is not unreasonable or discriminatory.

(c) Use Subject to Laws. Grantee shall be subject to all applicable laws and statutes, and/or rules, regulations, policies, resolutions and ordinances (hereinafter “Laws”) adopted by the City, including but not limited to Chapter 12.30 (Right of Way Excavation), Chapter 14.20 (Building Permits) and Chapter 18 (Land Use Regulations) to the extent such laws do not conflict with or are preempted by any federal law or regulation.

(d) Plan Approval. The installation of the Facilities shall be made in accordance with plans and specifications approved by the applicable City department head or designee and after obtaining all necessary permits for work in the PROW and compliance with applicable building codes and land use regulations. Grantee shall be responsible for all costs associated with the permitting process.

(e) No Interference. Grantee shall not impede, obstruct or otherwise interfere with the installation, existence and operation of any other facility in the PROW, including sanitary sewers, water mains, storm sewers, gas mains, traffic signals, poles, electrical infrastructure, cable television and telecommunication wires, public safety, City networks and other telecommunication providers.

(f) Repair of PROW. Grantee shall repair all damage to the PROW by activities of Grantee, or any agent, affiliate, employee, or contractor, while occupying, installing, repairing or maintaining Facilities in the PROW and will return the PROW to its functional equivalence before the damage occurred in accordance with the requirements and specifications of City. If Grantee fails to make the repairs required by City, then City may do so and require reimbursement from Grantee within thirty (30) days of notice of the costs. (Ord. 20044 § 3, 12-20-16.)