Ordinance No. 20168 - Laserfiche WebLink

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~ ~ • AGREEMENT NO'L~, THEREFORE, it is agreed that: A. In return far the City's promises and in fulfillment of its obligations under this Agreement and any relevant City ordinance, wILLIAMS agrees to: 1. Provide, collectively to the City and all other cities and counties acting on behalf of, and in anticipation of, an entity known as the "Fiber South Consortium", the following equipment and services. Each and every obligation to provide this equipment and service shall be transferable and shall be accepted by any entity that obtains by transfer, sale, assignment, or other method of acquisition any of the properties, rights, obligations, facilities or equipment related to or necessary for the fulfillment of this Agreement. a. An Indefeasible Right of Use ~"IRU"} for a period of 2~ years, with negotiations on renewal to begin after 17 years} for six pairs twelve total optical f fibers} of optical fiber along the route from the coastal POP near Bandon to the point where the wILLIAMS' route intersects the BPA fiber route at Structure 2912, and from the Lane BPA substation to the Jasper Regen Site, and from the Jasper Regen site south along the wILLIAMS route in Lane County and ODOT right of way and in O.C.R.R. right of wa to the Dint where this route south and along the wagon Road Y p . intersects the ~UILLIAMS route from the Bandon POP to the BPA route. This fiber shall hereafter be referred to as'fhe "Consortium Fiber". The fiber shall be SMF-28 Single Made Optical Fiber or fiber of equal serviceability. The routes referred to in this subsection are represented on two maps, labeled Exhibit A and Exhibit B, which are attached, and by this reference are incorporated into this agreement. The IRU shall rovide that wILLIAMS will assume responsibility for p maintenance of the Consortium Fiber. Maintenance shall include all necessary steps to keep the f ber in working order. The IRU shall provide that, in the event that relocation of the fiber is required for any reason, wILLIAMS will absorb the cost of the relocation, except that the Consortium will be responsible for the cost for the proportional cost} of any additional f ber necessary to preserve the connectivity of the Consortium Fiber. After this Agreement has been executed, a formal IRU agreement governing the terms and conditions of the grant of IRU shall be executed between the parties and shall be attached hereto and made part of this Agreement. b. Twenty-five access points along the routes of the Consortium Fiber described in paragraph a. of this subsection, such access paints to be July 9,1999 Page ~