Resolution 2008-36 - Laserfiche WebLink

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Fiber. If the test results indicate the fiber strands provided to the City are not acceptable to the City, the District agrees to tali;e required actions to cause all fiber strands to conform to the specifications as set forth on Exhibit F and to be acceptable to the City. The District's failure to bring the fiber into conformance with the specifications set forth on Exhibit F within 30 days of notice from the City will result in the requirement of the District to pay the rental fee set forth in Section III. D. Laterals. Subject to this Agreement, either Party may engineer and construct a lateral connecting the District Network to amy of its facilities at its own cost, at any time provided an addendum to this Agreement is approved by the District and the City. A Party seeking to develop a lateral on property outside of the City must obtain the appropriate permit from the property owner for any work in the public right of way. If a Party damages either the City Conduit or the District Network by the addition or operation of a lateral, that Party agrees to be responsible for repairing such damage to the infrastructure. The Parties agree to cooperate in the development of future laterals. E. Schedule. The District agrees to make; the Dedicated City Fiber operational and available for City use and complete all work required to be performed under this Agreement by December 31, 2009. F. Physical Inspection of Conduit by District. The City agrees to provide the District the opportunity to perform a physical inspection of the City Conduit by rodding and roping or other method acceptable to the District that will not damage the conduit. If the City Conduit is not continuous and capable of the installation of the fiber optic cable, the District shall give notice to City of any problems with the conduit. Otherwise, the District shall prior to use thereof execute and deliver to the City a Certi:6cate of Acceptance of City Conduit in substantially the form set forth in Exhibit G, attached hereto and incorporated herein by reference. The District shall repair, at its expense, any City Conduit that is not continuous or capable of the installation of fiber optic cable. The District shall repair, at its expense, any City Conduit damaged by the District's activities permitted under thus Agreement. G. As-Built Drawings. The District shall provide the City with "As-Built" drawings for the District Network in accordance with the provisions of the Design and Construction Standards. The As-Built drawings will be used for determining the area of public right- of-way licensed pursuant to Section II, paragraph B. All District Network facilities shall be placed underground unless otherwise authorized in writing by the City. H. Maintenance and Repair Responsibilities. The District will be responsible for maintenance and repair of all City Conduit, District-owned fiber optic cable and locate wire constructed and installed within the District Network as shown on Exhibit A and C, including the Dedicated City Fiber. Each Party shall pay its proportionate share of all costs of such maintenance based on the number of fibers owned by that. party in the fiber optic cable. Upon request by the District, the City, or its successor in interest, shall pay such amounts to the District and the District shall disburse such payments 1:o pay for materials and labor reasonably required and actually provided in connection with such maintenance activities. The District shall provide the City with prior written notice of intended maintenance activities and the estimated costs thereof. Maintenance and repairs of laterals or spurs installed for the City by the District shall be the responsibility of the City. Maintenance and repairs of laterals or spurs installed for the