HomeMy WebLinkAboutFiber Optic Cable agreement-Winnebago Co/UWO/Fox Valley Tech/City of Oshkosh 2009Agreement for Fiber Optic Cable
1. The parties to this Agreement are:
a. Winnebago County, a subdivision of the State of Wisconsin, with its principal
offices located at 415 Jackson Street, P. O. Box 2808, Oshkosh, WI 54903-
2808 ("COUNTY");
b. University of Wisconsin Oshkosh, operated by the Board Of Regents Of The
University Of Wisconsin System, with its principal offices located at Dempsey
Hall, 800 Algoma Blvd., Oshkosh WI 54901 -3551 ( "UWO ");
c. Fox Valley Technical College District, a body politic with its principal officers
located at 1825 N. Bluemound Drive, P.O. Box 2277, Appleton, WI 54912 -2277
( "FVTC "); and
d. City of Oshkosh, a municipality of the State 'of Wisconsin, with its principal
offices located at 215 Church Ave., P. O. Box 1130, Oshkosh WI 54903 -1130
("CITY")
2. The parties to this agreement have previously agreed to, and acknowledge that each
party has paid in full all costs associated with, the installation of fiber optic cable in
certain parts of the City of Oshkosh, as generally shown on the "City of Oshkosh
Phase II Fiber Logical Diagram," attached as exhibit "A" and fully incorporated into
this Agreement.
3. The parties to this agreement acknowledge ownership of the individual strands of
fiber optic cable as shown on the "Fiber Optic Strand Information," dated September
18, 2002, attached as exhibit "B," and fully incorporated into this Agreement.
4. As part of the project, the City installed underneath the river bottom of the Fox River,
a six -inch conduit that contains 12 one -inch interducts. The fiber optic strands that
are the subject of this agreement occupy one of the interducts. Further, the parties
to this agreement each own an undivided one -fourth interest in each of three
interducts. Future use of these three interducts is subject to consent of all the
parties, such consent shall not be unreasonably withheld, and is further subject to
consultation with the City to ensure that the proper vaults and approaches to the
crossing meet then- applicable engineering standards. The parties also
acknowledge that the City has sole use and ownership of the eight remaining
interducts that are not subject to this agreement.
5. The parties to this agreement will use their best efforts and good faith to resolve any
disputes that may arise during the term of this agreement. Written notice of any
dispute shall be provided to the other parties, at the respective addresses listed
above. In the event that the parties are unable to resolve the dispute through
negotiation and settlement, an arbitration panel, consisting of one person appointed
by each party and the four appointees selecting a fifth person, shall hear and resolve
the dispute using such procedures as to assure a full and faith hearing. The
decision of the arbitration panel may be appealed to any court of competent
jurisdiction, using principles of judicial review of arbitration decisions.
1
6. Any party may terminate this agreement upon such terms and conditions as the
parties to this agreement may then determine, but only after written notice of intent
to terminate is provided to the other parties, at the respective addresses listed
above, no later than six (6) months prior to the intended date of termination.
7. This document contains the full agreement of the parties and shall not be amended
except in the same manner as this instrument. The persons signing this agreement
represent that each person has full authority to consent to this document and bind
his /her respective agency to these terms.
Winnebago County University of Wisconsin Oshkosh,
By: By:
(name /title) (nameltitle)
And: And:
(name /title) (name /title)
Fox Valley Technical College District City of Oshkosh
By: By:
(name /title) (name /title)
And: And.
(name /title) (name /title)
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