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CONTRACT K-1718-72: A REVOCABLE LICENSE AGREEMENT BY AND BETWEEN THE CITY OF NORMAN, OKLAHOMA, AND MCLEOD USA TELECOMMUNICATIONS SERVICES, LLC, FOR THE INSTALLATION OF FIBER OPTIC CONDUIT ALONG CLASSEN BOULEVARD TO SERVE THE CRIMSON PARK APARTMENTS FOR A PERIOD OF FIVE (5) YEARS.
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BACKGROUND: The Public Works Department received an application from McLeodUSA Telecommunications Services, LLC ("McLeod") for the installation of fiber optics conduit beginning at 2657 Classen Boulevard and traveling north approximately 525 feet along Classen Boulevard/US Highway 77 and then go east approximately 910 feet along a City utility easement. This fiber installation will serve the Crimson Park Apartments. The line will continue onto the customer's property and terminate at the customer's maintenance/communications building. The Application sets forth the terms and conditions of the permit and provides the location of the installation.
DISCUSSION: The Contract provides that if McLeod were to enter the conduit with fiber, or leases, rents or sells the capacity for any revenue generating purpose, McLeod would be assessed a three percent (3%) fee in lieu of a franchise fee. This fee is applicable if and when McLeod generates revenue with respect to the use of this conduit. The Contract is valid for a five year term.
Under the terms of the Contract, McLeod will indemnify the City from any and all damages or claims as a result of the installation or operation of the fiber and conduit. In addition, the Contract can only be assigned upon written consent of the City. The Contract is revocable at any time with thirty days' notice.
The Public Works Department and other appropriate departments will review and approve the plans. Once the plans are approved in accordance with the requirements of Exhibit A of the Agreement, Public Works will issue a permit, and McLeod will be able to begin construction of the fiber. The Agreement will become effective at the ...
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