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Bandwidth Lease Agreement 20231024
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Bandwidth Lease Agreement 20231024
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Last modified
12/27/2023 4:06:02 PM
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12/27/2023 4:05:36 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
10/24/2023
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PERM
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5D Consent
(Amended by)
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\City Clerk\City Council\Agenda Packets\2023\Packet 20231120
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Page 10 of 35 <br />completed facility, with voice overlay, to verify the cable as-laid condition. <br />d)A post construction written narrative report confirming completion of the <br />Project with discussion of any significant field changes or other modifications <br />to the approved design or execution plan, and providing details of any <br />extraordinary occurrences such as frac-out/spill incidents, critical operations <br />curtailment, accidents involving serious injury or loss of life etc. Also, it shall <br />include pre- and post-Project bay floor surveys of the Project area confirming <br />site cleanup. Any anomalous objects that were not already found and <br />identified in the pre-Project survey and that remain unidentified from the post- <br />Project survey would be positively identified using methods such as divers or an <br />ROV. All Project-related debris must be removed within 120 days of Project <br />completion. <br />22.After Lessor’s staff has reviewed the “as-built” plans required by Section 2, <br />Paragraph 21, Lessor shall replace Exhibit A (Land Description) and Exhibit B (Si te <br />and Location Map) to the Lease as necessary to accurately reflect the final <br />location of the authorized improvements. Once approved by Lessor's Executive <br />Officer or designee and by Lessee, the revised Exhibits shall replace the Exhibits <br />incorporated in the Lease at the time of Lease execution and shall be <br />incorporated in the Lease as though fully set forth therein. The revised Exhibits shall <br />be deemed approved by Lessee unless objected to by Lessee in writing within 30 <br />days of provision of the revised Exhibits. Lessor hereby grants a license to access <br />the Lease Premises as reasonably necessary for installation, inspection, and <br />maintenance of the buried cables and landing pipes. <br />23.Should Lessor's staff review of as-built plans identify a change in the <br />improvements that necessitates a change in annual rent, Lessee shall submit an <br />application, within 60 days following notice from Lessor's staff, to request a lease <br />amendment to reflect such changes. <br />24.The Bay lands cables/conduits are required to be buried so as to maintain a minimum <br />five (5) feet of cover over the cables/conduits in the area with water depths from zero <br />(0)to fifteen (15) feet below Ordinary High-Water Mark (OHWM), except in areas were <br />the cables/conduits are exiting the water onto the terrestrial lands. Within twelve <br />(12)months of completing construction and at least once every twelve (12) <br />months thereafter, Lessee shall perform burial depth surveys of the Bay lands <br />cables/conduits in the area mentioned. The survey schedule may be modified by <br />mutual agreement among the parties hereto. Lessor’s Executive Officer or <br />designee may approve the modified schedule on behalf of Lessor. Within sixty <br />(60)days of each survey completion and at no cost to Lessor, Lessee shall submit <br />to Lessor copies of the burial depth survey results and a remediation plan with <br />timeline for Lessor’s review if the survey reveals that the cover is less than five (5) <br />feet. This does not apply to the terrestrial lands/conduits. <br />DocuSign Envelope ID: 8D8CF2E2-DF6D-4A11-B610-2B1544DD7C30
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