Resolution 2024-03 - Laserfiche WebLink

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include, solely for the purposes of this Agreement, the term "broadband service" as that term is defined in § 38-5.5-102(1), C.R.S., except that for purposes of this Agreement this term shall not include cable services. 9. "Wireless Communications Facility" or "WCF" means a facility used to provide personal wireless services as defined at 47 U.S.C. Section 332 (c)(7)(C); or wireless information services provided to the public or to such classes of users as to be effectively available directly to the public via licensed or unlicensed frequencies; or wireless utility monitoring and control services. 10. "Fiber" means six (6) strand, single mode, dark fiber capable of achieving ten (10) gigabits per second (Gbps) connection speeds, unless a different specification and/or performance standard is approved in accordance with Article IV, Section 3 hereof. 11. "City Fiber" means fiber provided, constructed and installed by Licensee and dedicated to the City for the City's exclusive use. 12. "Shared Fiber" means fiber provided, constructed and installed by Licensee, and dedicated to the City for shared use with Licensee. 13. "City Conduit" means conduit provided, constructed and installed by Licensee and dedicated to the City for the City's exclusive use. 14. "City Project" has the meaning set forth in Article IV, Section 3. 15. "Licensee" shall include Licensee's authorized subcontractors. ARTICLE II - CONDITIONAL CONSENT GRANTED 1. Subject to Licensee's compliance at all times with all of the terms and conditions of this License Agreement, all of the ordinances referenced herein, all applicable local, state and federal laws, and further subject to the City's lawful exercise of its police power (including, but not limited to, zoning, subdivision, permit and building code requirements) and the City's prior and superior right to usage for municipal purposes, City hereby grants to Licensee, insofar as it has or may have the requisite power and authority to do so, a non-exclusive and revocable license to make reasonable use of those specific potions of the Rights of Way depicted in Exhibit A, attached hereto and incorporated herein by this reference (the "Premises"), for the sole purposes of constructing, installing, operating, maintaining, repairing, replacing, and removing Licensee's Facilities. Should Licensee desire to expand the Premises, Licensee shall submit an application for a right-of-way permit pursuant to Chapter 12.12 of the Louisville Municipal Code. The City's Director of Public Works, or the Director's designee (the "Director"), may grant, grant with conditions, or deny such request in such official's discretion. The Director shall notify Licensee of the decision in writing. If the Director issues the permit, then the Licensee shall prepare, and submit to the Director for approval, an updated exhibit (in form similar to Exhibit A), depicting the whole of the Premises, including the extended area, to replace the diagram attached hereto as Exhibit "A." The updated Exhibit "A" shall be attached to and become a part of this Agreement, without the 3