Laserfiche WebLink
Fiber any conditions now known or later discovered that could affect the suitability of the <br /> Property for Dark Fiber's use. <br /> 1.1.3 Project. The Project will consist of installation of Dark Fiber's fiber optic <br /> facilities within existing City Conduit, which is currently occupied by City owned and managed <br /> fiber optic wiring and related facilities. The particular sections and area of Conduit, as well as the <br /> exact configuration and location of Dark Fiber's proposed facilities within the Conduit will be the <br /> subject of the License or other agreement. <br /> 1.1.4 Development Costs: Design Review. Dark Fiber will be responsible for all <br /> Project costs, including without limitation all design, development, and construction costs and the <br /> cost of all improvements, if any. The License will specify the schedule for Dark Fiber's <br /> submission and City review of design and construction drawings and plans. <br /> 1.1.5 Development Schedule. The License will include a schedule describing <br /> the anticipated dates by which Dark Fiber shall obtain entitlements, commence construction, and <br /> complete the Project. <br /> 1.1.6 Business Development Plan and Schedule. The License will include a <br /> section or Exhibit that describes how the Project will benefit the City's Economic Development <br /> Plan, and /or General Plan. The License will also describe how Dark Fiber proposes to allow <br /> businesses or other entities access to the Project. <br /> 2. Dark Fiber's Exclusive Right to Negotiate With City. City agrees that it will not, during <br /> the term of this Agreement (the "Term ") directly or indirectly, through any officer, employee, <br /> agent, or otherwise, solicit, initiate or encourage the submission of bids, offers or proposals by <br /> any person or entity with respect to the acquisition of any interest in City owned conduit or the <br /> development of the conduit, and City shall not engage any broker, financial adviser or consultant <br /> to initiate or encourage proposals or offers from other parties with respect to the disposition or <br /> development of the conduit or any portion thereof. Furthermore, City shall not, directly or <br /> indirectly, through any officer, employee, agent or otherwise, engage in negotiations concerning <br /> any such transaction with, or provide information to, any person other than Dark Fiber and its <br /> representatives with a view to engaging, or preparing to engage, that person with respect to the <br /> development of the Project or any portion thereof. <br /> 3. Term. The Term of this Agreement shall commence on the Effective Date, and shall <br /> terminate twelve (12) months thereafter, unless extended or earlier terminated as provided herein. <br /> The City Manager is authorized to extend the Term by any additional number of days or months <br /> upon the mutual written agreement of the Parties. <br /> 4. Relationship of Parties. The Parties agree that nothing in this Agreement shall be deemed <br /> or interpreted to create between them the relationship of lessor and lessee, of buyer and seller, or <br /> of partners or joint venturers. <br /> 3 <br />