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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cable and other equipment and components of the System in, on, over, under, upon, across, or along the Public Way and from the Public Way to the Premises Wall, as provided herein. 3.2 Permits and General Obligations. SiFi will have approval to locate the System within the Boundary, subject to applicable permits including but not limited to encroachment, licenses,or other forms of plan review and approval or authorization necessary to construct,install, operate, maintain, replace, reconstruct, or repair the System, or any part thereof, during the term of this Agreement and any extensions. SiFi shall provide plans to the City for City approval for the issuance of permits to construct the System.The City agrees to expedite its review and approval of the plans and issuance of permits to construct the System and in any event agrees to use good faith efforts to complete its review, approval and issuance of such plans and permits as provided in Section 2.5.The City shall issue such permits, with associated costs as provided in Section 2.6. Construction and installation of the System shall be performed in a reasonably safe manner using materials of good quality. All permits shall provide for and allow standard work hours daily from lam to 7pm local time unless City has different requirements which must be provided to SiFi in advance. All transmission and distribution structures and equipment installed by SiFi for use in the System in accordance with the terms and conditions of this Agreement shall be located so as to minimize interference with the proper use of the Public Way and the rights of property owners who own property that adjoin any such Public Way. SiFi will adhere to all City building code requirements. SECTION 4 4. Construction and Facilities. 4.1 Construction of the System. SiFi will use commercially reasonable efforts to commence Construction on or before a date that is twenty-four(24)months after the Effective Date(the"Construction Commencement Deadline");provided however,in the event of a Force Majeure Event or if all Shelter locations have not been agreed upon within twenty-four(24)months from the Effective Date,the Construction Commencement Deadline shall be extended by the time impact resulting from the(i)Force Majeure Event or(ii)delay in agreeing on all Shelter locations. In addition, SiFi will use commercially reasonable efforts to complete construction of the System on or before a date that is forty eight(48)months after the Construction Commencement Deadline (the "Construction Completion Deadline");provided however, in the event of a Force Majeure Event or if all Shelter locations have not been agreed upon within twenty-four(24)months from the Effective Date, the Construction Completion Deadline shall be extended by the time impact resulting from (i) the Force Majeure Event or(ii) delay in agreeing on all Shelter locations. The timeline shall also be extended due to and for the length of any delay by the City in performing its obligations hereunder or issuing the permits, licenses, and approvals to SiFi or its contractors. Both Parties recognize and agree that SiFi cannot guarantee the Construction Commencement Deadline or the Construction Completion Deadline as many elements are outside of its control. SiFi will keep the City informed of the progress of its schedule at reasonable intervals. 4.1.1 The City acknowledges and agrees that SiFi and its contractors intend to use varying construction techniques for the System Construction and deployment, which may include,any of the following: Page 11 of 33