Resolution 2019-03 - Laserfiche WebLink

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5. Dillon Road between S. 88th Street and S. 104`h Street and the lateral to the Louisville City Services facility; 6. The lateral north of West Dillon Road to Coal Creek Golf Course (585 W Dillon Rd); 7. Lateral east from Jefferson on south Street terminating at the Louisville Museum; 8. All conduit east of City Hall on Spruce Street, including multimode fiber to the City's Waste Water Treatment Facilities on Empire Road; and 9. Lateral on Spruce west of Jefferson to the Louisville Arts Center and Memory Square Pool facilities. C. "District Network" means the Boulder Valley School District fiber optic cable infrastructure which consists of a bundle of 288 fiber optic strands on the backbone and bundles of 48, 24 or 12 fiber optic strands on laterals or spurs throughout the District's east ring installed in the City Conduit or in District provided conduit consistent with the City's Design and Construction Standards, as more particularly depicted in Exhibit B. D. "Fiber" and "fiber optic cable" means a bundle of individual fiber strands. Each fiber strand will be dedicated to providing communications between two or more points along the path of the fiber optic cable. E. "Public right of way" means streets, alleys, roads, lanes, sidewalks, and public rights of way within the City. II. DESCRIPTION OF LEASED/LICENSED PREMISES The City has constructed various segments and systems of City Conduit within the City of Louisville. The City Conduit system includes six pair 22 AWG cable in conduit and empty conduits. The City has leased conduit space to the District pursuant to the terms of this Agreement. A. The City has leased, demised and set off to the District the following: City Conduit in the segments shown on Exhibit A. B. The City has licensed to the District the following: Public right of way for the additional conduit necessary for the installation, operation, and maintenance of a portion of the District Network, as shown on Exhibit B. 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. 3