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Ord04 2275
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Ord04 2275
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Last modified
7/5/2005 2:51:14 PM
Creation date
9/29/2004 10:04:31 AM
Metadata
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Template:
CC Index
CC Index - Document Type
Ordinance
Agency Type
City Council
Date
9/27/2004
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<br />C. Grantor shall be responsible for the purchase and ongoing <br />maintenance of all terminal and activation equipment used to provide <br />communications services using the MJF Network constructed by Grantee <br />pursuant to this Exhibit; provided, however that (1) Grantee shall <br />recommend the appropriate terminal and activation equipment; (2) <br />Grantee shall negotiate with vendors to obtain a firm price quote for the <br />purchase and installation of equipment specified in this Exhibit and shall <br />pay to SAMCAT, as trustee for the Participating Cities and coordinator of <br />the operation of the MJF Netwo k, the amount of such quote, which funds <br />shall be used by SAMCA T for t e purchase and installation of such <br />equipment; (3) Grantee shall as ist SAMCAT and equipment vendors to <br />coordinate the installation of su h equipment at all of the locations <br />specified in Section A(1) of this xhibit E; and (4) Grantee shall test and <br />validate the MJF Network perfo~mance prior to Grantor acceptance. <br />D. The MJF Network shall b installed to all participating municipalities <br />and be fully operational by no I er than nine (9) months from the Effective <br />Date of Amendment No.1. Gra tee's failure to meet this deadline shall be <br />deemed to be a material breach of this Agreement and subject Grantee to <br />all available remedies, including termination of the Franchise. <br />E. Grantee shall lease the 1tical fiber used for the MJF Network to <br />SAMCA T and the Participating ities for a period of twenty-five (25) years <br />from the date of activation of th entire network, at a lease cost of one <br />dollar ($1.00) per year. , <br />F. Grantee shall maintain al~ portions of the MJF Network external to <br />the connected public buildings, ~t no cost, for the term of the lease. <br /> ¡ <br />G. No later than ten (1 0) da~s after the Effective Date of Amendment <br />No.1, Grantee shall provide on~ (1) construction performance bond (the <br />"MJF Performance Bond") in th~ amount of Two Hundred Fifty Thousand <br />Dollars ($250,000) to insure the ,installation and activation of the MJF <br />Network referenced in A and B ~ove. The MJF Performance Bond shall <br />be issued to SAMCAT, as truste for those jurisdictions to be connected to <br />the MJF Network, and shall be i~ a form acceptable to SAMCAT legal <br />counsel. The MJF Performancei Bond may be released after written <br />acceptance of the MJF Network Iby each of the Participating Cities, <br />providing that there are then no putstanding material violations of this <br />Exhibit. ¡ <br />H. Within thirty (30) days aftér the Effective Date of Amendment No.1, <br />Grantee shall provide to SAMC~T, with a copy to Grantor a written <br />detailed design and installation .Ian for the MJF Network, including details <br />of terminal equipment, installation locations and implementation <br /> Page 6 of 10 <br />
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