Resolution 2014-22 - Laserfiche WebLink

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herein as the "Exchange." It is the intent of the Parties that the Exchange occurs simultaneously as further described in Section 4 below. D. Scope of License. The license granted by the City in this Agreement shall be non - exclusive and shall be subject to all applicable provisions of the Louisville Home Rule Charter and subject to all Underlying Rights. Nothing in this Agreement shall be deemed to grant, convey, create or vest in Zayo a real property interest in land, including any fee, leasehold interest or easement. Notwithstanding any provision hereof to the contrary, Zayo expressly acknowledges and agrees that its interests hereunder as respects any City Conduit or Right -of -Way that is within any City park or open space (as such terms are defined in the City Charter) is an interest in the nature of a revocable license for underground facilities only, revocable at any time by the City without cause; provided that in the event of such a revocation, the parties agree to work together to determine an alternate route for the City and Zayo facilities. E. Reservation of Police Powers. Zayo's rights hereunder are subject to the police powers of the City to adopt and enforce ordinances necessary to the safety, health and welfare of the public, and Zayo agrees to comply with all applicable laws and ordinances enacted, or hereafter enacted by the City. The City reserves the right to exercise its police powers, and nothing in this Agreement shall be construed as a waiver of said police power. Zayo reserves the right to challenge the provisions of any ordinance which conflict with its contractual rights, either now or in the future. 4. Construction and Schedule. A. Completion of Work. It is the mutual intention of the Parties that any Work described in Exhibit A, including acceptance testing (if any), shall be complete no later than ninety (90) days of Zayo's receipt of all applicable permits for construction ( "Completion Date "). Upon such Completion Date the Parties shall execute a completion notice ( "Completion Notice ") in a form substantially similar to Exhibit B. B. Design and Construction Standards; Permits. Zayo shall comply with all of the construction, restoration, inspection and maintenance procedures and requirements set forth in the City's Design and Construction Standards and other City laws pertaining to the use of and work in the Rights -of -Way. Prior to installing any fiber or infrastructure in the Rights -of -Way, Zayo shall apply for the appropriate permits and pay an permit fees required for its Work in the Right -of -Way and shall submit plans to the City that meet the requirements of the City of Louisville Municipal Code and the City's Design and Construction Standards. C. Installation and Acceptance of Fiber in City Conduit. Zayo shall install its fiber optic cable in the City Conduit in accordance with Exhibit D, Fiber and Splicing Specifications, attached hereto and incorporated herein by reference. Additionally, Zayo agrees to provide the City with complete test results, including OTDR tests, on all the Zayo- Installed Fiber. If the test results indicate the fiber strands provided to the City are not acceptable to the City, Zayo agrees to take required actions to cause all fiber strands to conform to the specifications as set forth on Exhibit D and to be acceptable to the City. Zayo's failure to bring the fiber into conformance with the specifications set forth on Exhibit D within 30 days of notice from the City shall be deemed a material breach of this Agreement. D. As -Built Drawings. Zayo shall provide the City with "As- Built" drawings for the Zayo- Installed Conduit and Fiber showing their exact location in the Rights -of -Way. E. Compliance with Law. Zayo agrees to comply with all laws in the exercise and performance of its rights and obligations under this Agreement, including any federal, state or local law, rule or regulation in connection with the placement of Zayo's facilities within the City. Page 3 of 17