Resolution 2008-36 - Laserfiche WebLink

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II. DESCRIPTION OF LEASED/LICE]VSED PREMISES The City has constructed various segments and systems of City conduit within the City of Louisville. The City system includes six pair - 22 AWG cable in conduit and empty conduits. The City agrees to lease conduit space to the District pursuant to the terms of this Agreement. A. The City hereby leases, demises axrd sets off to the District the following: City Conduit in the segments shown on Exhibit A.. B. The City hereby licenses to the District the following: Public right of way for the additional conduit necessary for the installation of the east ring of the District Network, as shown on Exhibit C. Exhibit C indicates that the District Network will be routed along specific street corridors; however, changes to the alignment may be necessary and will be made upon mutual written agreement between the City and the District. The exact location of the additional conduit installed by the District shall be represented on the As-Built drawings pursuant to Section VI; paragraph G. C. Notwithstanding any provision 'hereof to the contrary, District expressly acknowledges and agrees that its interests hereunder as respects any City Conduit or public 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 District facilities. III. RENT The rent paid to the City from the District shall be in the form of use of the Dedicated City Fiber that the District shall provide to the City from the :District Network and the other covenants set forth in this Agreement. The District shall make the Dedicated City Fiber operational and available for City use by December 31, 2009. In the event that the District fails to make Dedicated City Fiber operational and available for City use by December 31, 2009, the District, in its discretion, may either terminate this Agreement and pay rent from the date of commencement to the date of termination at the rate of $1,200 per month, or continue this Agreement and pa.y rent from December 31, 2009 to December 31, 2010 at the rate of $1,200 per month and after December 31, 2010 at the rate of $5,000 per month, adjusted annually by the State of Colorado rate of inflation, which rent shall be paid until the earliest of the following occurs: 1. The District makes the Dedicated City Fiber operational and available for City use; 2. The end of the term hereof; or 3. The termination of this Agreement. The Parties agree that the monthly rent is a reasonable rent based upon the market value of the use of the City Conduit and City's right of way for the purposes specified herein.