Resolution 2008-36 - Laserfiche WebLink

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AWG locator wire to individual City buildings such as the North Water Treatment Plant - Main Building, Pretreatment Building and High Zone Pump Station (1955 N. Washington Ave.), City Hall (749 Main St.), Police Station (992 Via Appia) and Recreation Center (900 Via Appia), and provide one conduit with splice boxes for a crossing of SH42 at Pine St. and willl include splice boxes for future connection of the Dedicated City Fiber to the Coal Creek Golf Course Club House (505 Dillon Rd), Coal Creek Golf Course Maintenance Building (742 Dillon Rd. and the Community Building (801 Grant Ave.)). The District agrees to provide the additional work at no cost to the City. O. RemovaUOwnership of Facilities. Upon termination of this Agreement by the City or the District, other than as provided in Section II C., the District agrees to cease using all facilities located within the City Conduit and the City public right of way. The District shall, at the City's option and the District's expense, either remove all or such portion of the facilities as the City shall designate in writing, or shall allow the facilities to remain in place. Upon termination of this Agreement at the e:nd of the term as provided in Section V, all facilities within the public right of way not otherwise owned by the City will become the property of the City, and the District shall execute and deliver to the City a bill of sale conveying to the City, for no further consideration, all such f ~cilities. P. No Introduction of Hazardous Materials. District agrees it shall not, in the exercise of its rights hereunder, introduce into or store, generate or dispose any hazardous substance (as defined under any state or federal law) on or within any City Conduit or City public right of way. Q. Termination. This Agreement may be terminated by either party upon 90 days' prior written notice to the other party upon a default of any material covenant or term hereof by the other party, which default is not cured within 90 days of receipt of written notice of default or, if such default is not curable within 90 days, if the defaulting party fails to commence such cure within 90 days or fails thereafter diligently to prosecute such cure to completion. Additionally, the City may upon 90 days written notice terminate this Agreement as to any segment of Ci1.y Conduit or portion of City right of way that is condemned by lawful exercise of eminent domain. R. No Assignment. The District shall :not assign all or any portion of its rights, obligations or interest under this Agreement without the express, prior written consent of the City, which consent may be granted or de;nied in the City's discretion. If granted, the City may impose conditions upon such consent at the City shall determine. VII. MISCELLANEOUS PROVISIONS A. Disagreements. Both Parties agree in ;good faith to use their best efforts to resolve disputes that may arise under this Agreement by direct consultation, facilitated discussions or mediation, if possible, before commencement of litigation; provided, however, such procedures shall not be a condition precedent to the filing of litigation in order to protect against the application of any statute of limitations.