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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DEVELOPMENT AGREEMENT th This Development Agreement (the "Agreement") is made this 1 1 day of August 2021 ("Effective Date"), by and between the City of Decatur, an Illinois municipal corporation (the "City")and SiFi Networks Decatur LLC, a Delaware limited liability company("SiFi") (each of City and SiFi, a"Party"and collectively,the"Parties"). RECITALS WHEREAS, the City desires that SiFi implement a city-wide Fiber Optic Network FON System(as defined below)in the City; WHEREAS, SiFi desires to install and operate such a System; WHEREAS,SiFi owns the rights to the FOCUS(as defined below)proprietary fiber optic cable system technology; WHEREAS, the City has agreed to grant to SiFi limited rights, as described below, to access and use the Public Way (as defined below) for purposes of installing, maintaining and operating the System; WHEREAS, the City has agreed to grant to SiFi access to and a limited license, as described below,to use the Public Way for SiFi to install and operate a point of presence and/or a series of distributive cabinets and other equipment and materials in connection with the installation of the FON; and NOW,THEREFORE,in consideration of the mutual obligations of the Parties,and other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the Parties covenant and agree as follows: SECTION 1 1. Definition of Terms. 1.1 Terms. For the purpose of this Agreement, the following terms, phrases, words, and abbreviations shall have the meanings ascribed to them below. "Access" means facilitation of all necessary City permits encroachments and/or license and/or lease agreements for specified areas within the Public Way,as provided by this Agreement and as regulated by local and state laws "Boundary" means the legal boundaries of the City as of the Effective Date, and any additions or subtractions to the City legal boundaries,by annexation or other legal means. "Cabinets" means above ground enclosures placed within the Public Way for the protection of active and passive equipment for the provision of Service throughout the System and as further described in Exhibit A.