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RESOLUTION 2006-25 A RESOLUTION OF THE CITY OF MOSCOW, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO, ESTABLISHING STANDARDS AND POLICIES FOR THE LEASE OF CITY OWNED DARK FIBER INFRASTRUCTURE. WHEREAS. City Council has determined it advisable to adopt minimum requirements, standards, terms and conditions for the leasing of dark fiber within the City's fiber optic network; and WHEREAS, Council wishes to promote the orderly and efficient use of the City's fiber infrastructure; NOW THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Moscow, Idaho that the "City of Moscow, Idaho Fiber Use Policy" attached hereto as "Exhibit the same as if fully copied and incorporated herein shall be the policy for utilization for all dark fiber lease agreements entered into. ADOPTED BY THE COUNCIL AND APPROVED by the Mayor of the City of Moscow, Idaho, this l8'h day of December, 2006. ---PAGE BREAK--- Exhibit City of Moscow, Idaho Fiber Use Policy The following standards and policies apply to the lease of City-owned dark fiber optics cables (hereinafter "City Network"). Requirements of use shall be at the sole discretion of the City. The City retains the right to deny use of the fiber infrastructure at its sole, discretion. Dark Fiber Lease Standards and Policies: l . Unless otherwise deemed to be appropriate, the dark fiber shall only be leased to licensed electronic data providers who are engaged in the business of providing data transmission services to the public, or other governmental entities and/or political subdivisions of the State of Idaho. 2. Dark fiber shall be leased by the fiber strand by the linear foot with a minimum lease amount of two strand miles in order to minimize fragmentation of the City network. 3. Lease contract terms shall be for a minimum of three years and a maximum of five years. Lease agreements shall be renewable, subject to renegotiation of the annual monetary compensation amount, and at the sole discretion of City upon one year's prior written notice by Lessee to City of Lessee's intent to renew. 4. Monetary compensation for the use of leased fiber shall be established as negotiated between the City and Lessee. 5. Lessee shall be solely responsible for all engineering and/or design costs necessary to construct, or to provide a construction cost estimate for, any extension of the City's network to serve the Lessee. City shall provide Lessee with a non-binding cost estimate of such network extension prior to City and shall not proceed with without Lessee's prior written consent to such charges. Upon construction, such network extension shall become a part of the City network and shall be, and remain, the property of the City. City shall install a fiber termination enclosure at an agreed upon demarcation point at or within Lessee's property at Lessee's sole cost. 6. If any other party or service provider wishes to utilize the network extension paid for by an existing Lessee then such party or service provider shall pay to the existing Lessee a late-comers fee equal to one-half of the amount paid by the existing Lessee. If a third other party or service provider wishes to utilize the network extension paid for by the existing Lessee and the second party, such third party shall pay the existing Lessee and the second party a late comers fee equal to one-third of the amount paid by the existing Lessee, and so on and so forth for any additional parties. ---PAGE BREAK--- 7. City shall own, maintain, and repair all fiber optic cabling from the termination enclosure to the City network. Lessee shall maintain and repair all cables, connections, electronics and other appurtenances upon the Lessee's side of the termination enclosure. 8. City shall have the right to access the leased fiber at any reasonable time to examine the same and determine the maintenance and state of repair. When occasional routine maintenance is reasonably required, City will make its best effort to notify Lessee of any planned outages and City shall make its best efforts to minimize disruption of utilization of leased fiber. 9. City shall retain the right to refuse to lease more than two strands of fiber to any one Lessee, to help ensure equal opportunity to lease dark fiber. City shall reserve the right to substitute equivalent data capacity through the use multiplexing at any time and at City's sole discretion. I 0. Lessee shall not alter or construct or cause to be altered or constructed any attachments or connections to City's fiber optic cables, including those fiber strands leased by Lessee under any lease agreement. City shall have the sole right to splice, repair, or otherwise modify City's fiber optic cables including those leased to Lessee. Lessee shall not place any temporary or permanent sign or structure upon the leased fiber without obtaining the prior written consent of City. II. Lease payments shall be made upon a or annual basis as agreed upon between Lessee and City. 12. If any portion of the leased fiber shall be damaged by fire, the elements or other causes, City will cause the same to be repaired and restored. If such damage is ihe result of the negligence of Lessee or its employees, City shall repair and restore the leased fiber at Lessee's expense. If any portion of the leased fiber is so damaged as to be unfit for use or occupancy, the rent of Lessee shall be adjusted accordingly. If any portion of the leased fiber is destroyed to the extent of fifty percent (50%) or more of the replacement value of said leased fiber, City may, at its option, terminate the existing lease agreement rather than restore the leased fiber. 13. City shall not be responsible to Lessee for any costs or other damages of any nature, including losses associated with any interruptions of Lessee's business, resulting from any City network disruptions, or perfmmance failures of any of City's maintenance and/or service providers. 14. Lessee shall not sublease, or otherwise assign, any right of use of the leased fiber to any other party without the prior written consent of the City. 15. Lessee shall use the leased fiber exclusively for whatever purposes are legal and shall at all times comply with all laws, regulations and ordinances. Operation, maintenance and repair of electronics to light the leased fiber shall be the sole responsibility of Lessee.