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Ord04 2275
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Ord04 2275
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Last modified
10/11/2019 2:59:13 PM
Creation date
10/11/2019 2:59:11 PM
Metadata
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Template:
CC Index
CC Index - Document Type
Ordinance
Agency Type
City Council
Date
9/27/2004
Description
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF REDWOOD CITY APPROVING AN AMENDMENT OF THE FRANCHISE BETWEEN THE CITY OF REDWOOD CITY AND RCN TELECOM SERVICES, INC., FORMERl Y RCN TELECOM SERVICES OF CALIFORNIA, INC. TO CHANGE THE METHOD BY WHICH CONSTRUCTION COMPLIANCE IS REGULATED AND TO PROVIDE FOR THE CREATION OF A MUl TI- JURISDICTIONAL FIBER NETWORK WITHIN REDWOOD CITY AND NEIGHBORING COMMUNITIES.
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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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