8F Consent 2015 0316 - Laserfiche WebLink

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3 First Amendment to SL Dark Fiber License Agreement (a) The City hereby agrees that SL Dark Fiber may enter into agreements with affiliates or third parties to provide telecommunications services using fibers installed in the Expanded Property. (b) In addition to the thirty (30) strands of fiber optic cable and related facilities dedicated to and owned by the City in the Original and the Expanded Property under the Original License and this First Amendment, SL Dark Fiber conveys and dedicates to the City ownership and exclusive use of an additional thirty-two (32) strands (“City Strands”), in any area of the Expanded Property, where there is sufficient capacity for SL Dark Fiber to install a 288-strand fiber cable, for a total conveyance and dedication to the City of 72 strands. If space constraints within the Expanded Property limit SL Dark Fiber to install fewer than 288 strands of fiber, then SL Dark Fiber shall convey and dedicate ownership of twenty-five (25%) percent of the number of fiber strands installed in the Expanded Property. The Parties agree that there are no restrictions on the City’s use of the 30 City Strands conveyed and dedicated to the City in the Original and the Expanded Property. The City acknowledges and agrees that it will use the additional 42 of the 72 City Strands in the Expanded Property solely for internal communications needs and public projects, and may not resale, lease or otherwise make available all or any portion of the additional 42 of the 72 City Strands to a commercial entity, including but not limited to telecommunications carriers, Internet Service Providers, or VoIP providers, other than SL Dark Fiber. The Parties further agree that SL Dark Fiber shall have a right at any time to lease up to 40 of the additional 42 City Strands in the Expanded Property at a mutually agreeable rate to be determined based on market rates for wholesale fiber strands at that time. (c) Upon written acceptance by the City, main conduit installed by SL Dark Fiber shall be dedicated to the City and shall become part of the Property, and SL Dark Fiber shall execute any document or instrument required by the City to evidence such dedication or transfer such that the main conduit installed is owned by the City, and is depicted in Exhibit A as an addition to the Property. The Parties acknowledge and agree to comply with Exhibit 4, the FORM, to guide the ownership and responsibilities for main conduit and lateral conduit installed. (d) The City shall have the right to use all City strands located in the Project and agrees that physical access to the City strands shall be carried out in compliance with all standards and operating procedures, as defined in the Original License and this First Amended License, when accessing the City strands. SL Dark Fiber guarantees that the City shall have access to City strands in all areas of the Project, regardless of the ownership of the conduit or cable in any area. (e) The Parties acknowledge and agree that the City may own fiber optic strands and related facilities not included in the Project but within the Property, and the City may, in its sole discretion, obtain and install additional fiber optic strands within the Property so long as such addition does not interfere with SL Dark Fiber’s use of the Property. Any such fiber added to the Property by the City would not be included in or added to the Project. The Parties acknowledge and agree that such City assets are outside of the scope of the Original License and this First Amendment. 2.7 GIS data. Upon execution of this Agreement SL Dark Fiber shall provide to the City electronic GIS and mapping data for the Project and related facilities, including all lateral conduit, third party conduit and ducts, access and termination enclosures, and complete fiber, cable, logical and physical network data, including fiber count and identification of City Strands. 2.8 Construction Drawings. Prior to acceptance into the Property of any newly installed fiber or conduit, SL Dark Fiber shall, at its sole cost and expense, procure and provide to City complete construction drawings and maps in electronic format of any additions made by SL Dark Fiber to the Project, including the number and size of fibers, the length of the routes, and the access points, and any unused conduit identified within the Property. The routes should be described in linear feet, and each street should be identified. 2.9 City’s Option and Right of First Refusal Prior to Sale or Transfer. (a) If at any time during the Initial or Renewal Terms of this First Amendment, SL Dark Fiber desires to sell, transfer or otherwise dispose of fiber installed in the Property