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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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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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9/14/2022 9:23:56 AM
Creation date
8/18/2021 12:29:45 PM
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Resolution/Ordinance
Res Ord Num
R2021-154
Res Ord Title
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
Department
City Manager
Approved Date
8/16/2021
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(i) Work closely with SPOC of the City and relevant City departments with to <br /> The construction of the System. <br /> Comply with all requirements of City for permit and Public Way use <br /> applications,to the extent they may be required. <br /> Maintain or provide for the maintenance of the System. <br /> (iv) SiFi and its contractors shall register with Illinois 1 Call. <br /> (v) SiFi shall, with fourteen (14) days from the date on which SiFi is notified <br /> by City or otherwise becomes aware of graffiti, take commercially <br /> reasonable efforts to remove such graffiti from the System in the Licensed <br /> Area. If SiFi fails to do so in a manner reasonably acceptable to the City <br /> within such fourteen (14) days, City may take steps to remove the graffiti <br /> and invoice SiFi for the reasonable costs of such removal work. In its <br /> Licensed Area,to the extent it is within SiFi's reasonable control, SiFi shall <br /> not commit,nor allow to be committed,any waste or spillage,nor maintain <br /> or allow to be maintained any hazard or nuisance thereon. <br /> (vi) When SiFi is not required to relocate as described below,when performing <br /> work in the Public Way, City and City's contractors shall exercise <br /> reasonable care and shall be liable to SiFi for any damages to the System <br /> resulting from the negligence or wilful misconduct of City or its agents. <br /> When work to be performed by the City or its contractors is reasonably <br /> required to be within two inches (2") radius from the SiFi System in <br /> accordance with industry standards ("Conflict"), City shall provide SiFi <br /> with not less than sixty (60) days written notice of such Conflict and City <br /> shall provide all reasonable accommodations for SiFi to make the required <br /> utility relocations. To the extent possible,the City and SiFi will coordinate <br /> their relocation and infrastructure construction, but the responsibility for <br /> relocation will rest with Sifi for its System.If SiFi fails to act on such notice <br /> of Conflict within sixty (60) days from receipt, City will not be liable to <br /> SiFi for any resulting damages to the System. SiFi will endeavor to <br /> facilitate an introductory meeting between the City and Service Provider(s) <br /> who use the Network to provide services to residential and business, and <br /> further will advise any such Service Provider(s) that the City may require <br /> fees as required by law or regulation. <br /> If, after its receipt of a Conflict relocation notice per the preceding <br /> paragraph, SiFi fails or refuses to relocate,within the time period identified <br /> in such notice, its facilities located in, on,upon, along, under, over, across <br /> or above any Public Way or to pave, surface, grade, repave, resurface or <br /> regrade as required,pursuant to any provision of the Agreement,the City or <br /> Page 18 of 33 <br />
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