Resolution 2019-03 - Laserfiche WebLink

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Dedicated City Fiber to the Coal Creek Golf Course Club House (585 Dillon Rd), Coal Creek Golf Course Maintenance Building (742 Dillon Rd. and the Community Building (801 Grant Ave.). G. The City has retained and will continue to retain the right to use or assign the Dedicated City Fiber to parties of its choosing. H. The City and the District proceeded with the development of the District Network in accordance with Section 29-1-203, C.R.S. which authorizes the District and the City to enter into agreements for the common utilization of school and city facilities. I. With this Agreement, the City and District desire to continue the lease and license granted by the 2008 Agreement, and to set forth their mutual understandings of their respective rights and obligations in connection with the City Conduit, Dedicated City Fiber and the District Network, COVENANTS In consideration for the rents described in this Agreement and the covenants made by each of the Parties and for other good and valuable consideration, it is agreed by the Parties the following: I. DEFINITIONS. The Parties agree that the terms listed below will be defined as follows: A. "City Conduit" means the City owned plastic pipe installed underground typically used for routing or fiber optic cable and as identified (in orange, yellow, green and red, with there being no distinction among such colors) on Exhibit A, attached hereto and incorporated herein by reference. B. "Dedicated City Fiber" means (a) the 12 fiber optic strands which have been provided to the City for its exclusive use throughout portions of the District's east ring excluding approximately 4,000 feet of Fiber on McCaslin Blvd. between Via Appia and Dillon Road; (b) the 12 fiber optic strands along the following spur routes, listed below, that are also not part of the east ring, and (c) a 1 '''A" vacant conduit for City use on McCaslin Blvd. between Via Appia and Dillon Road which was provided by District in 2010 during the initial build; 1. Washington Ave. between S. Boulder Rd. and the North Water Treatment Plant (1955 N. Washington Ave.); 2. Via Appia between McCaslin Blvd. and the Police Station (922 Via Appia) and the Recreation Center (900 Via Appia); 3. Spruce St. between Jefferson Ave. and City Hall (749 Main St.); 4. Pine St. between Garfield Ave. and the signalized pedestrian crossing (400 block of Pine St.); 2