HomeMy WebLinkAbout2011-006 Franchise Agrmt - LightSpeed
FRANCHISE AGREEMENT
THIS FRANCHISE AGREEMENT ("Agreement") is made and entered into by and between the
City of Ashland, an Oregon municipal corporation ("City") and LightSpeed Networks, Inc., dba
LS Networks, an Oregon corporation ("Grantee").
RECITALS
I. Pursuant to Federal law, State statutes, and City Charter and local ordinances, the City is
authorized to grant non-exclusive rranchises to occupy public rights-of-way, as defined by
Ashland Municipal Code ("AMC") 16.04.040, in order to construct, operate, and maintain a
telecommunication system within the municipal boundaries of the City of Ashland
("Franchise Area");
2. Grantee has requested a rranchise to place and operate a telecommunications system, as
defined in AMC 16.04.040, within the City's public rights-of-way; and
3. The City has found that Grantee meets all lawful requirements to obtain a rranchise, and
therefore approves the application.
NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree
as follows:
Section I: Grant of Franchise. The City hereby grants to Grantee a nonexclusive rranchise to use
the public rights-of-way with the City to provide telecommunications services.
Section 2: Term. The term of this Agreement shall be five (5) years, commencing with the
effective date set forth in Section 8.
Section 3: Franchise Area. The Grantee is authorized by this rranchise to use public rights-of-
way throughout the City, as the City limits may exist now or in the future, for the provision of
telecommunications services.
Section 4: Performance.
(a) During the term of this Agreement, the Grantee agrees to comply with all lawful terms and
conditions of AMC Title 16, the provisions of which are incorporated herein as though fully set
forth.
(b) To the extent any lawful City rule, ordinance or regulation, including any amendment to the
provisions of AMC Title 16, is adopted on a jurisdiction-wide basis and is generally imposed on
similarly situated persons or entities, the rule, ordinance or regulation shall apply without need
for amendment of this Agreement. The City shall provide Grantee notice of any such change in
law.
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Section 5: Franchise Fee.
(a) As consideration for the use of the City's public rights-of-way, Grantee shall remit to the
City the maximum applicable rranchise fee established in AMC 16.24.070 and allowed by
federal and state law. Any applicable fees established by Council resolution pursuant to AMC
16.24.070 shall apply. Grantee agrees to pay all amounts by the dates required in AMC
16.24.070 and will be subject to interest and penalties established in the AMC.
(b) Grantee acknowledges and agrees that the applicable franchise fee due hereunder may vary
based on its telecommunications facilities and/or the telecommunications services provided in
the City. With each rranchise fee payment Grantee shall submit detailed documentation showing
its calculation of the rranchise fee paid.
(c) The City shall have the right to conduct or cause to be conducted, a special examination of
gross revenues for the purpose of ascertaining whether Grantee's franchise fee payments have
met the requirements of this rranchise. Any difference of payment due either the City or Grantee
following a special examination shall be payable within thirty (30) days after written notice to
the affected party.
Section 6: Franchise Nonexclusive. The rranchise hereby granted is not exclusive, and shall not
be construed as any limitation on the right of the City to grant rights, privileges and authority to
other p~rsons, corporations or to itself to make lawful use of the City's public rights-of-way.
Section 7: Notices. Unless specifically provided otherwise in AMC Title 16, all notices shall be
mailed, postage prepaid, to the following addresses or to such other addresses as Grantee or the
City may designate in writing:
If to Grantee:
LS Networks
921 SW Washington Street, Suite 370
Portland, Oregon, 97205
If to City:
Director, City of Ashland Information Technology Department
90 N Mountain Avenue
Ashland, Oregon 97520
Section 8: Effective Date. This Agreement shall take effect on the date it is fully executed by
authorized representatives of the City and Graniee. This Agreement may be executed in one or
more counterparts, each of which shall be deemed an original, and such counterparts shall
constitute one and the same instrument.
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CITY OF ASHLAND
By:
Title:
Date:
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GRANTEE
By: ~~~~
Title: I"'~,DE;.I"" ~I' ('€<J
Date: I/Z.r/.zOII
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