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Dedication of Fiber Strands for City Use —The license requires SL Dark Fiber to dedicate 30 strands, or roughly 10 percent of the new fiber system, to the City for its unrestricted use. Analysis: This contribution will be useful to the City for municipal operations (networking, traffic signals, etc.) and potentially for partnering with other entities such as service providers or the schools. The dedicated fibers might also be used as a backbone for a municipal wireless system although other investments would be required to make such a system operational. Although connection costs could be substantial, this dedication provides a vast capacity expansion over the City's existing fiber system. Project Costs— SL Dark Fiber has the sole responsibility for all project costs, including all design, development, and construction costs. The City will be responsible for its staff, attorney and consultant time and to conduct any studies including any environmental, marketing, financial feasibility, and design studies it deems necessary to assist it with the analysis of the project. Analysis: These conditions are intended to minimize any financial risk to the City. Maintenance — SL Dark Fiber shall have sole responsibility for the installation, operation, maintenance, security, replacement and repair of the SL Dark Fiber network. When damage is caused by a third party, the City and SL Dark Fiber will share the costs of repair proportionally and will then share the reimbursement fund if /when they are received. Analysis: These conditions ensure that SL Dark Fiber funds all costs associated with maintenance of its system and repair of any damage caused as a result of the installation and operation of that system. The City will oversee the maintenance and repair of the system as it has an interest in maintaining control over City conduit space which also contains existing City fiber used for communications and traffic signals. As -is Conveyance —The City grants the license to SL Dark Fiber for the property in its "as -is" condition, and SL Dark Fiber acknowledges that the City makes no representations or warranties to SL Dark Fiber with regard to the condition of the Property or the fitness or suitability thereof for SL Dark Fiber's purposes. Analysis: SL Dark Fiber is presently undertaking an analysis to determine if sufficient capacity exists within all portions of the City conduit. Where adequate capacity does not exist, the City will work with SL Dark Fiber to the extent possible to identify alternatives. Project Schedule — SL Dark Fiber has submitted a construction schedule that assumes slightly less than three months period to get the fiber loop installed. Analysis: The City's consultant believes this schedule is reasonable, assuming no unforeseen hurdles. If issues do arise, a longer construction schedule would not cause any significant negative impacts for the City.