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Resolution 2019-03
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Resolution 2019-03
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Last modified
5/7/2024 3:11:33 PM
Creation date
1/9/2019 9:35:05 AM
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Template:
City Council Records
Also Known As (aka)
Fiber Optic Telecommunications Network Lease and License Agreement_Amended and Restated
Doc Type
Resolution
Ord/Res - Year
2019
Ord/Res - Number
03
Original Hardcopy Storage
9C5
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RES 2019-03
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III. RENT <br />The rent paid to the City from the District is in the form of use of the Dedicated City Fiber that the <br />District has provided to the City from the District Network and the other covenants set forth in this <br />Agreement. The Dedicated City Fiber is operational and has been available for City use since <br />December 31, 2009. <br />IV. RESTRICTION ON DISTRICT USE OF CITY CONDUIT <br />The District shall not use the District Network, including the District fibers installed in the City <br />Conduit, for any purpose that would violate federal, state or local law. <br />V. LEASE TERM <br />The term of this Agreement shall be for a period not to exceed ten (10) years. The term of this <br />Agreement will begin on the date above first written. The District may request to renew this Agreement <br />for an additional ten (10) year term upon sixty (60) days written notice to the City. No renewal shall be <br />effective unless in writing and signed by both Parties. The extended term shall be governed by the <br />same terms and conditions as this Agreement, unless revisions are mutually agreed to by the Parties in <br />writing. <br />VI. CONSTRUCTION, FIBER INSTALLATION AND TESTING. <br />A. Responsibilities. The District agrees to be responsible for the installation, operation, and <br />maintenance of the District Network and for the following: <br />1. Overseeing the design, procurement, construction, installation, operation, and <br />maintenance of the District Network; <br />2. Negotiating and entering into separate agreements with contractors to perform all or <br />part of the work associated with the District Network; and <br />3. Ensuring that the applicable terms and conditions of this Agreement are included in <br />agreements with property owners and contractors. <br />B. Design and Construction Standards. The District shall comply with all of the construction, <br />restoration, inspection and maintenance procedures and requirements set forth in the City's <br />Design and Construction Standards and other City laws pertaining to the use of and work in the <br />public right of way. Prior to performing any work in the public right-of-way, including <br />conducting any inspection of City Conduit pursuant to Section VI.E, the District agrees to <br />submit an application for a permit to work in the public right of way with plans that meet the <br />requirements of the City of Louisville Municipal Code and the City's Design and Construction <br />Standards. <br />C. Installation and Acceptance of Fiber in City Conduit. Any District installation of fiber optic <br />cable in to the City Conduit shall be performed in accordance with Exhibit C, Fiber and <br />Splicing Specifications, attached hereto and incorporated herein by reference. Additionally, the <br />4 <br />
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