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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Amounts, City agrees (i) that SiFi shall not be responsible and liable for any other or additional fees or payments to the City in connection with this Agreement in excess of the Annual Amounts, or(ii)that SiFi shall be exempt from and City shall waive any assessment or taxes that otherwise would or might be levied by the City for use of the Public Way. SiFi will still be responsible and liable for fees charged by railroads and the Illinois Department of Transportation. The City agrees that this Agreement shall not require SiFi to comply with or otherwise be subject to any obligations or liabilities as a grantee of a franchise under the City's municipal code, ordinances or similar laws,except as otherwise provided herein,and particularly with regard to Section 2.6 above. City bonding and insurance requirements will be satisfied by bonds and insurance coverage provided as part of the permit application and supplied by the entity performing the physical construction. Such bonds and insurance documentation to shall be supplied prior to the start of Construction. Notwithstanding anything to the contrary contained in this Agreement, the provisions of this Section 2.8 will survive expiration or termination of this Agreement. 2.9 Relocation, Modification, or Alternations. Excluding relocations requested by the City pursuant to this Agreement and repairs or maintenance to the System, SiFi may not relocate,materially modify, or materially alter the System components any time after issuance of the permit(s) for the System, except upon City's written approval which approval will not be unreasonably withheld, delayed, or conditioned. 2.10 Local Fees. SiFi will contractually require any Service Provider to comply with applicable laws. Accordingly,SiFi will contractually require Service Providers using their System to pay all applicable gross receipts taxes, franchise fees business license taxes,rights granted fees, E911 surcharges and other similar charges ("Local Fees") applicable to Service Provider that Service Provider is required or would have been required to pay if Service Provider were supplying Retail Services to Retail Subscribers within the City's boundaries without use of the Network,and Service Provider is lawfully permitted to impose such fees, taxes, and charges on Retail Subscribers. For the avoidance of doubt,City and not SiFi is responsible for enforcement of local laws with respect to the any Service Providers operating in the City, but failure by SiFi to contractually require services providers to comply with applicable laws,as provided in Section 2.6 above and elsewhere herein,including local laws,can be construed as a breach of this Agreement. SECTION 3 3. The System. 3.1 System Description. SiFi will install the System within the Boundary using the Public Way,subject to City approval as provided herein.The System shall use fiber optic cable emanating from the Shelter to the applicable Cabinet in or adjacent to the Public Way and then to the private Premises Wall for each applicable Primary Premise. The City acknowledges and agrees that SiFi has the right to install the System within the Boundary using the Public Way in order to make the delivery of Service over the System available to all Premises within the Boundary. The Parties acknowledge and agree that there is no agreed design or configuration of the actual location of the System within the Public Way at this time and that SiFi shall submit such designs specification consistent with Exhibit A,plan and associated details to the City for approval when ready. The City will work in good faith with SiFi to approve the physical location of the fiber optic Page 10 of 33