R2021-154 Resolution Authorizing a Development Agreement with Sifi Networks Decatur LLC for Installing Broadband Services in Areas of Decatur not Serviced by the City

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may be required.Provided that no permit, license, or other land use approval of any other approval requested by or required if SiFi shall be unreasonably withheld,conditioned or delayed.Furthermore, SiFi shall have no liability for and shall not be deemed to be in breach of any of its obligations hereunder,if the necessary permits, licenses or approvals are not issued or are issued but not timely by the City. 2.6 Invoices and Payments—Monthly Reimbursable Expenses Annual Amounts Beginning with the first business day of the month following the first permit application submitted by SiFi, City will invoice SiFi on the first business day of each month for actual City fees incurred by the City during the previous month including administration of the Efficient Permitting Process described in Section 2.5 above, plan check fees, encroachment permit fees, inspection fees, and any other applicable fees (collectively, the "Monthly Reimbursable Amounts"). City represents and warrants that such Monthly Reimbursable Amounts are and will be a fair market value of all City costs incurred by the City in fulfilling its obligations under the Agreement. City will continue to invoice SiFi for the Monthly Reimbursable Amounts until Substantial Completion. Each such monthly invoice shall be payable within thirty(30)days of receipt. City will also invoice SiFi for the fixed amount of fifty dollars ($50) per System fiber mile installed throughout term of this Agreement beginning on the last business day of the year when Construction occurs;provided that, each such annual invoice shall have a credit applied for the aggregate amount of Monthly Reimbursable Amounts paid by SiFi to City during the year to which such invoice applies, the amount of each such annual invoice ("Annual Amounts"). Each invoice shall be payable within thirty (30) days of receipt. In addition, SiFi shall take reasonable steps necessary to notify any Service Providers using its System that they may be subject to the City gross receipts taxes as required by the Public Utilities Act of the State of Illinois,the Telecommunications Infrastructure Maintenance Fee Act of the State of Illinois,and any other state and local gross receipts taxes may be lawfully assessed on services offered. SiFi shall provide Service Providers contact information to the City so that the local government can enforce the applicable provisions of State and Local law directly with such Service Providers. Furthermore, if the City determines that required taxes and fees are not being paid by Service Providers using the System,the City will notify,in writing, SiFi of the same, and SiFi agrees to and shall be obligated to provide a written notice to such Service Providers notifying them of their breach of their agreements with SiFi and require them to cure such breach, and City will provide a written notice to SiFi when such cure occurs, within thirty(30)days of SiFi's notification to SiFi and that failure to timely cure such breach may result in termination of the Service Provider agreement with SiFi. 2.7 City Use of the System. In addition to the Annual Amounts for use of the Public Way, SiFi shall allow the City to use the System for governmental internal data communication and non-retail purposes, subject to a separate agreement to be negotiated in good faith between the parties, for a monthly fee as set forth in Exhibit B. The City acknowledges that it will procure its own internet connectivity. SiFi is not a Service Provider for purposes of assessing fees and taxes, within the City's authority,applicable to Service Providers. 2.8 Fees. Expenses and other Charees. Except as expressly set forth herein, each Party shall bear and be responsible for all of its own costs,fees and expenses incurred in executing and performing this Agreement. For the avoidance of doubt,because of the payment of the Annual Page 9 of 33