Resolution 2019-03 - Laserfiche WebLink

Home Browse Search

i. Daniel Wooldridge, Systems Administrator 303-335-4555 Office 850-296-5120 dwooldridge@Iouisvilleco.gov L. Utility Notification Center and Line Location. The Parties agree to maintain membership in, and coordinate its activities with, the Utility Notification Center of Colorado, and any successor organization coordinating location of utility lines. The Parties agree to respond promptly and appropriately to all line location requests from the public or from other utilities, whether or not such requests are made through the Utility Notification Center. The District will be responsible for providing locating services for all conduit and fiber optic cable within the District Network. M. Additional Conduit The District agrees to cooperate with the City in the planning, locating and construction of its conduit system. To the extent available during the time construction commences, the District agrees to install its conduit in joint trenches or common duct banks with other telecommunications providers or the City when so requested by the City. The City will in good faith attempt to provide advance notice to the District when it or others plan to open a trench, and the District agrees to provide notice to the City when it plans to open a trench. The District and the City will in good faith attempt to offer to make space available to the other, and to other persons who are subject to the same obligations, on reasonable terms, consistent with this Agreement. N. Removal/Ownership of Facilities. Upon termination of this lease 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 expiration of this lease pursuant to 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 facilities. O. 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. P. 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, if such 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 to diligently prosecute such cure to completion. Additionally, the City may upon 90 days' written notice terminate this Agreement as to any segment of City Conduit or portion of City right of way that is condemned by lawful exercise of eminent domain. Q. 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, 7