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• ~ <br />i <br />'~ <br />CUGPERATIVE FIBER DEVELQPMENT AGREEMENT <br />Between <br />City of Eugene, <br />a municipal corporation, <br />and <br />wILLIAMS Communications, Inc,, <br />a Delaware corporation <br />RECITALS <br />WHEREAS the City of Eugene thereafter "the City"} has authority, over actions taking <br />place within the City, including within the City road right-of-way; and <br />WHEREAS the City desires to facilitate the construction and installation of fiber optic <br />systems in and mound the City; and <br />WHEREAS representatives of the City and other representatives from associated cities <br />and counties have met and have agreed in principle to form a consortium ~"Cansortium"} <br />and to work cooperatively to fulfill the purposes outlined in this Agreement; and <br />WHEREAS this Agreement reflects an understanding concerning point support and action <br />among several local governments including but not limited to Coos County, Douglas <br />County, Lane County, and the cities of Bandon, Coos Bay, Coquille, Reedsport, <br />Florence, Roseburg, Drain, Creswell, Springfield and Eugene, and reflects a portion of <br />the mutually benef cial actions identif ed by the local governments; and <br />WHEREAS wILLIAMS Communications Group thereafter "wILLIAMS"} has applied <br />for several permits from several local, state and federal agencies, and seeks approval to <br />allow construction of a fiber optic system, including a redundant route, from the Gregon <br />Coast in the vicinity of Bandon, Gregon, up the coast to a point near Florence and then <br />inland through Eugene and Springf eld to Jasper, and from the .coast highway east to near <br />Roseburg and then north through Drain and Creswell to Jasper; and <br />~~HEREAS wILLIAMS desires to offer the City, on behalf of the Consortium of local <br />governments, in-kind goods and services in return for the City's assistance and as an <br />alternative to any required right-of way fees that the Consortium of local governments <br />might charge. <br />July 9,1999 <br />Page 1 <br />