HomeMy WebLinkAboutResolution 00-37 06/19/2000
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RESOLUTION 00 - 37
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AUTHORIZING AND APPROVING THE LEVEL 3 COMMUNICATIONS RIGHTOF
WAY PERMIT AGREEMENT
WHEREAS, Level 3 Communications, LLC, ("Level 3") has been granted a telecommunications
license, pursuant to Section 4.602 of the Springfield Municipal Code; and
WHEREAS, Level 3, in its application indicated that it desires to use certain public ways ofthe City
of Springfield to provide certain telecommunications services; and
WHEREAS, Section 4. 706 ofthe Springfield Municipal Code authorizes the City Manager to accept
in-kind services in lieu of the fees required for use of the public ways; and
WHEREAS, The City and Level 3 have agreed that, in consideration of Level 3 being granted
certain access to use the public ways of the City, the City will accept, in lieu of fees for use of the
public way, and Indefeasible Right of Use ("IRU") for 12 strands of fiber optic cable, under certain
terms and conditions; and
WHEREAS, the City and Level 3 have prepared a written agreement which reflects the terms and
conditions of such use ofthe public ways and the grant of a certain IRU (the "Right of Way Permit
Agreement"); and
WHEREAS, the City Manager has submitted the Right of Way Permit Agreement to the council
for its review and approval in the form of a draft agreement dated June 2, 2000, (the "Draft
Agreement"), a copy whereof, marked Exhibit A, is attached hereto and incorporated by reference
herein, accompanied by certain material reviewing and commenting upon the Draft Agreement, and
has recommended that the Pacific FiberLink Right of Way Agreement be approved; and
WHEREAS, the Council has reviewed the terms ofthe Right of Way Permit Agreement and is fully
informed as to the contents thereof, and has determined that it is in the public interest to enter into
the Right of Way Permit Agreement;
NOW THEREFORE, BE IT RESOLVED, that the common Council of the City of Springfield
finds and determines that it is in the public interest to enter into the Right of Way Permit Agreement
and the Right of Way Permit Agreement is hereby approved; and
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BE IT FURTHER RESOLVED, that the .City Manager is hereby authorized and directed to
execute the Right of Way Agreement substantially in the form of the Draft Agreement, with such
changes or amendments thereto as he shall determine to be necessary to effectuate the direction of
the Council and give effect to the terms of the Agreement, such determination to be evidenced by
his execution ofthe Right of Way Permit Agreement.
Adopted by the Common Council ofthe City of Springfield, Oregon, this 19th
June ,2000.
day of
Adopted by a vote of ~ for and ~ against.
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Mayor
ATTEST:
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City Recor er
. REVIEWED & APPROVED
AS TO FORM
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DATE: bllS]2.00C
OFFICE OF CITY ATTORNEY
COOPERA TIV~ FIBER DEVELOPMENT AGREEMENT
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Between
Regional Fiber Consortium,
and
Fiber South Consortium,
political entities formed by intergovernmental agreement
and
LEVEL 3 Communications, LLC
a Delaware limited liability company
RECIT ALS
WHEREAS, the Regional Fiber Consortia and the Fiber South Consortia (collectively the
"Consortia") have members along the route between borders of the States of California
and Oregon and Junction City, OR, where LEVEL 3 will be locating, constructing,
installing, operating, maintaining, upgrading, repairing, renewing, removing and
relocating its fiber optic system; and
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WHEREAS, the members of the Consortia share a mutual interest in the undertakings
and benefits described in this Agreement; and
WHEREAS, cities that are not members of the Consortia ("New Members") on the
effective date of this Agreement may desire to join the Consortia and benefit from the
terms of this Agreement; and
WHEREAS, LEVEL 3 desires to install, locating, construct, operate, maintain, upgrade,
repair, renew, remove and relocate its fiber optic system and other related facilities within
the area of jurisdiction controlled by members of the Consortia along the route described
in Exhibit "A," under terms and conditions that includes the elimination of franchise,
license, right of way fees or any other charges associated with the presence of a long haul
fiber optic carrier within' the public rights of way of the Consortia members; and
WHEREAS, as a long haul carrier, LEVEL 3 has reason to install, locate, construct,
operate, maintain, upgrade, repair, renew, remove and relocate its fiber optic system
within the jurisdiction of the members of the Consortia only for the purposes of passing
signals through, with necessary regeneration of the optical signal, and currently has no
present need to deal with signals gaining access to LEVEL 3's fiber optic system directly
from, or terminating within the jurisdiction of those members of the Consortia;
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AGREEMENT'
June 2, 2000
Page 1
NOW, THEREFORE, it is agreed that:
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SECTION I: EXCHANGE
A. In return for the Consortia's promises and in fulfillment of its obligations under
this Agreement, LEVEL 3 agrees to:
1.
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June 2, 2000
Provide an Indefeasible Right of Use ("IRU") to the Consortia on behalf of the
member Cities that have accepted the obligations set forth in this Agreement and
the accompanying individual agreements (the "Right of Way Permit Agreement")
attached hereto as Exhibit "B", the following fiber, access points and maintenance
services (collectively the "In kind Benefits"). Every obligation to IRU the In kind
Benefits shall be transferable and shall be accepted by any entity that obtains,
from LEVEL 3 or its successor, by transfer, sale, assignment, or other method of
acquisition any of the properties, rights, obligations, facilities or equipment related
to or necessary for the fulfillment of this Agreement.
a. An IRU for a period of twenty (20) years, with negotiations for renewal to
begin after seventeen (17) years pursuant to theIRU agreement (the "IRU
Agreement") to be mutually agreed upon by the Consortia on behalf of the
member Cities and LEVEL 3 and attached hereto as Exhibit "C." for
twelve (12) optical fibers along LEVEL 3's fiber optic system route from
42nd St. in Springfield, OR to Salem, OR as set forth in Exhibit "D" and
four (4) optiCal fibers from ., Salem, OR to 1335 Northwest Northrup St.,
Portland, OR as set forth in Exhibit "E." This fiber shall hereafter be
referred to as the "Consortia Fiber." All Consortia Fiber shall be Coming
SMF-28 Single Mode Optical Fiber only.
An IRU to access points along the route of LEVEL 3's fiber optic system
from Springfield to Portland, such access points to be located in positions
set forth in Exhibit "F." An access point shall consist at a minimum of a
vault separated from LEVEL 3' s other installed fiber, containing the
Consortia Fiber, as set forth in the IRU Agreement. All access points
shall be located in the public right of way or on private property wherein
an easement or other right of occupation and use. shall have been obtained
by the Consortia prior to the placement of the access points by LEVEL 3.
Written proof of the right of occupation and use of the public right of way
or private property on which the access points will be placed shall be
provided to LEVEL 3 by June 15, 2000. In this regard, the Consortia and
therefore the member Cities acknowledge and understand that time is of
the essence. Accordingly, in the event that the Consortia and therefore the
member Cities do not have the approval of the necessary authority and/or
private landowner to place any access points in the public right of way
and/or on private property, respectively, Level 3 shall not be obligated to
install such access point(s). Transfer of control and maintenance
responsibility will take place within the access point, so that the Consortia
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Provide maintenance and repair of the Consortia Fiber only at such times and such
places as LEVEL 3 ordinarily and customarily conducts maintenance or repair
activities on any part of LEVEL 3's fiber as set forth in the IRU Agreement. If
applicable, relocation and maintenance of the Consortia Fiber include only the
same required movement or relocation as required for LEVEL 3's fiber. Unless
otherwise provided in this Agreeme1)t, maintenance and relocation of the
Consortia fiber shall be at no additional cost to the Consortia. LEVEL 3 shall
relocate its fiber optic system without cost to the Consortia and therefore the
member Cities only when (i) a change in grade, alignment or width of any public
right of way, Oi) any change in the member Cities' wat~r system, storm sewers or
sanitary sewers, (iii) construction, maintenance or operation of any other member
City's underground or above ground facilities make such relocation necessary"and
lor (iv) relocation caused by or as a result of factors outside the control of the
Consortia of the Consortia or its member Cities.If relocation is at the request of or
for the convenience of a third party, then such third party shall be obligated to pay
for costs or expenses, whether indirect or direct, which are incurred by LEVEL 3
in its relocation of its fiber optic system. Such costs or expenses shall be paid by
the third party prior to the commencement of relocation. All relocation of LEVEL
3's fiber optic system shall be performed by LEVEL 3.
Subject to this Agreement, comply with all applicable local, state and federal laws
and regulations in the installation, maintenance and operation of all LEVEL 3
fiber. At the local level this shall include at least the following:
a. Provide all information, if any, lawfully required by local ordinance.b.
Provide the City members of the Consortia with evidence that
LEVEL 3 has joined the Oregon.Utility Notification Center and assurances
that LEVEL 3 will thereafter provide any entity lawfully requesting
information under the utility notification program with such information as
is necessary to determine the location and extent of LEVEL 3' s fiber optic
system and the Consortia Fiber.
4.Provide Level 3 with the name, address and phone number of a contact person who will
be capable of facilitating the resolution of issues concerning the completion of the
permitting process and the fulfillment of all obligations specified in this
Agreement. For the Consortia the contact persons shall be:
Milo Mecham or Peter Thurston
LCOG Lane County
99 E Broadway, Suite 400 125 E. 8th Ave.
Eugene, OR 97401 Eugene, OR 97401
541-682-4023 541-682-4062 '
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B.
assumes responsibility for maintenance and control of the physical
container of the access point (once installed).
2.
3.
In return for LEVEL 3's promises and performance, the Consortia agrees:
June 2, 2000
Page 3
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B.
To diligently assist LEVEL 3 with State and Federal agencies, including, without
limitation, the U.S. Army Corps of Engineers and the Oregon Division of State
Lands and Oregon Department of Transportation and any private third parties with
obtaining any consents, approvals, permits, agreements or otherwise necessary for
LEVEL 3's occupancy and use of the lands where its fiber optic system is located
as set forth in Exhibit "A."
2. To coordinate, advise and assist, to the maximum extent, and consistent with
local, state and federal laws, to assure that all permit applications, including any
necessary planning or zoning applications, are approved by the member Cities of
the Consortia in as expeditious a manner as is possible~
1.
3.
To diligently work with the City members of the Consortia to facilitate each
City's expeditious approval, by June 15, 2000, of the Right of Way Permit
Agreement concerning the acceptance of an IRU of the Consortia I:iber as an
alternative to and in lieu of annual payments of franchise, right of way, license or
any other fees, taxes or assessments, in any form (collectively "Fees"), to the
member Cities, owed or demanded as a result of LEVEL 3' s presence as a long
haul fiber optic signal carrier within the member City jurisdictions. By LEVEL
3's approval of this Agreement and the associated right-of-way agreements with
the Consortia member cities, the Consortia and the City members hereby
covenant, agree and accept the IRU set forth in this Agreement and the associated
right-of-way agreements with the Consortia member cities in lieu and instead of
any Fees that would otherwise be charged, either directly or indirectly, to LEVEL
3 in return for the right to install, operate, maintain, upgrade, repair, replace and
remove LEVEL 3' s fiber optic system in the right of way of the City members set
forth in Exhibit "A" (as may be amended by the City members and LEVEL 3
where applicable). This section shall only shall only cover and apply to LEVEL
3' s installation, use and operation of long haul fiber, regeneration sites and any ,
other long haul related facilities within the Consortia member's jurisdiction, and
shall not extend to or include other installations or services within any member
Cities' jurisdiction's area of authority.
SECTION II TERMS AND CONDITIONS
A. The exchange contemplated under Section I of this Agreement shall bind LEVEL
3 only upon the acceptance of the individual Right of Way Permit Agreement by
all six (6) of the City members of the Regional Fiber Consortia through which
LEVEL 3's fiber passes and all three (3) of the City members of the Fiber South
Consortia through which LEVEL 3's fiber passes as set forth in Exhibits "D" and
"E." The six (6) City members of the Regional Fiber Consortium include Merrill,
Klamath Falls, Oakridge, Westfir, Lowell and Springfield, OR. The three (3) City
members of the Fiber South Consortium include the City of Springfield, the City
of Eugene and Junction City, OR.
No New Members may join the Consortia and benefit from the agreement in any,
way other than being provided services offered for sale at rates equal to those
June 2, 2000
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charged non-members unless that city agrees to waive any recurring payments of
franchise, right or way, license or any other fees, taxes or assessments in any form
that city charges to Level 3 for access to their right of way in accordance with the
limitations set forth in Section II.C.
c.
The exchange described in Section LB.3. sets forth the member Cities' agreement
not to collect Fees of any kind on account of LEVEL 3'5 occupation and use of
the public rights of way of the member Cities and shall only cover and apply to
LEVEL 3's installation, use and operation of long haul fiber, regeneration sites
and any other long haul related facilities within the Consortia member's
jurisdiction, and shall not extend to or include other installations or services
within any member Cities' jurisdiction's area of authority. Any additional
installations for the provision of local exchange services only shall be the subject
of a separate arrangement between the respective member Cities and LEVEL 3,
should any such arrangement become necessary.
D.
The member Cities of the Consortia that consent to this Agreement as a means of
providing alternati ve compensation for LEVEL 3' s occupation of the right of way
hereby covenant that no Fees or taxes, with the exception of fees based on the cost
of processing this agreement or any permits not inconsistent with the foregoing,
Section B.3 and the sprit and intent of this, Agreement, will be levied on LEVEL 3
as a consequence of the presence of LEVEL 3 within the member Cities' right of
way as a long haul carrier along the route described in "Exhibit A." All City
members of the Consortia that consent to this Agreement as a means of providing
alternative compensation covenant and agree that any order or direction by any
member City to relocate LEVEL 3' s fiber optic system will only be issued in
accordance with Oregon law governing relocation. In furtherance thereof, the
City members and the Consortia will facilitate a compatible alternate route for
LEVEL 3's fiber optic system.
E.
The parties acknowledge that the Consortia Fiber is for the provision of local
exchange service only and not for pass through use. For purposes of this section
only, local exchange services consist of the transmission of signals originating or
terminating within the geographical confines of the Consortia, which shall include
only areas within Coos, Douglas, Klamath, Lane and Lincoln Counties, and the
Cities located along the Consortia's Fiber route from Springfield to Portland
described in Section Ala. For purposes of this Section only, pass through use
means the carriage of signals that originate from an. area outside the geographical
boundaries of the Consortia, which shall include only areas within Coos, Douglas,
Klamath, Lane and Lincoln Counties, and the Cities located along the Consortia's
Fiber route from Springfield to Portland described in Section Ala, and are
transmitted through the geographical boundaries of the Consortia or the Cities
located along the Consortia's Fiber route from Springfield to Portland described
in Section A 1 a to a point outside the geographical boundaries of the Consortia
without beginning or terminating within the geographical boundaries of the
Consortia or the Cities located along the Consortia's Fiber route from Springfield
June 2, 2000
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to Portland described in Section Ala other than the re-transmission or
regeneration without alteration of the signal.
F.
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Four(4)~fthe Consortia Fiber are to be used only for "gQyerIlIneptalpllrpos~S" as
hereinafter defined. All Consortia Fibers running between Salem and Portland are
specifically included within this limitation. Governmental purposes are only those
purposes associated with the furtherance of the health, safety, and welfare of the
Consortia, the governments served by the Consortia, and City, as governmental
bodies, specifically including use for governmental administration and law
enforcement, and use by hospitals and public educational institutions, including
the University of Oregon. Use for the benefit of non-members of the Consortia
shall only be an allowed governmental use if the non members do not charge
Level 3 any recurring payments of franchise, right of way, license or any other
fees, taxes or assessments, in any form, for access to that non-member's right of
way.
G.
The Consortia may make any lawful use of fiber not required to be used for
governmental purposes that the Consortia deem appropriate, as long as such use
conforms with this Agreement. The parties jointly acknowledge and agree that
many of the communities within the area of the Consortia currently lack effective,
meaningful and affordable access to advanced telecommunications services and
connections. The Consortia declares, and LEVEL 3 accepts, that the fundamental
objective of the Consortia in this Agreement and in its actions in general is to
contribute to the development of facilities permitting the provision of such
advanced telecommunications services to the areas served by the Consortia.
However, prior to entering into any agreement to allow a private
telecommunications provider to use the IRUed fiber and access points (excepting
the IRUed fibers restricted to be used for Governmental Purposes only and which
can only be used by the Consortia and the City), the City/Consortia will first
solicit proposals or competitive bids from telecommunications providers. The
City/Consortia will provide notice to Level 3 of its intent to solicit proposals or
competitive bids and will include notice to any provider identified by Level 3 as
an appropriate recipient of such a solicitation, if any, to arrange the provision of
such services over the IRUed facilities. The City warrants, covenants and agrees
that before any arrangement is completed and becomes effective concerning the
sale, lease, assignment or transfer of any rights to the unrestricted Consortia Fiber
to any third party, LEVEL 3 will be notified by the Consortia of the proposed
arrangement and shall have a right to substitute itself for the third party and to
enter into the proposed arrangement with the Consortia on the same terms and
conditions that will be proposed to the third party, giving LEVEL 3 the rights set
forth in the arrangement. Level 3 shall have thirty (30) days from the receipt of
written notice of the proposed arrangement to provide notice to the Consortia of
its intent to substitute itself for the third party. No such arrangement may alter or
affect, in any way, LEVEL 3's rights and obligations under this Agreement, the
Right of Way Permit Agreement or the IR U Agreement. If LEVEL 3 decides not
to substitute itself for the third party, and the Consortia enters into an arrangement
June 2, 2000
Page 6
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with the other entity as contemplated above, LEVEL 3 hereby retains the right to
enforce the terms of this Agreement against the Consortia with respect to the
arrangement with any third party to whom the Consortia sells leases, assigns, or
transfers any of the rights contemplated in this Agreement as well as the third
party. In the event that the Consortia sells, leases, assigns or otherwise transfers
rights in any of the twelve (8) unrestricted Consortia Fibers to any third party
within 3 years of the effective date of this Agreement, Level 3 shall charge no
maintenance fees for the fiber. Thereafter, a maintenance fee of no more than the
maintenance fee otherwise charged to other IRU customers of LEVEL 3 fiber in
Oregon, or $30.00 per route mile per month, whichever is less, may be charged by
LEVEL 3 to the Consortia, and the Consortia waives all rights to maintenance
services set forth in this Agreement.
H.
The parties agree that the IRU of any of the twelve (12) Consortia Fiber IRUed to
the Consortia that have not been used for five (5) consecutive years shall be
returned to LEVEL 3. Use in this context shall mean that the Consortia Fiber
strands are attached to optronic equipment for the purpose of transmission of a
signal along all or some portion of each of the twelve (12) optical fiber strands. It
is not necessary that an optical signal be transmitted along each Consortia Fiber
strand on a regular or continuous basis for such fiber to be considered in use. The
parties recognize that the nature of optical fiber communications is such that use
of fiber includes the installation of equipment allowing for sending signals in the
event that other fiber ceases to be available, and other circumstances where
availability to be used constitutes actual use to the highest and best extent.
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DA TE OF DELIVERY
I. Level3's IRU of the fiber and access points described in this Agreement shall
commence in accordance with the IRU Agreement, and within a commercially
reasonable amount of time following Level 3's completion of installation of fiber
and access points in Lane County, Klamath County and between Springfield and
Portland, OR. Delivery shall be made after Level 3 has performed acceptance
testing in accordance with the IRU Agreement. The Completion Notice under the
IRU Agreement shall include a list of the fibers IRUed as well as an identification
of the termination points and the results of an end to end optical time domain
reflectometer test, which shall consist of proof of optical continuity and a
statement of dB loss end to end and point to point consistent with the IRU
Agreement.
TERM AND TERMINATION.
J. This Agreement becomes effective on the date of the final signature affixed below
(the "Effective Date"), and shall remain in affect for a period of twenty (20) years
(the "Term").
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June 2, 2000 .
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TIMING
K.
This Agreement may be terminated only by mutual consent of all parties after
alternative arrangements have been made regarding the continuing obligations
contained in this Agreement. Level 3 may also terminate this Agreement"when
any member City withdraws from the Consortia and attempts to impose fees upon
Level 3 which are contrary to the terms of this Agreement In the event such a
withdrawl occurs, the Consortia shall have the opportunity to assume
responsibility for the payment of any right-of-way fees or charges that Level 3
would then be obligated to make to the City that withdrew for the presence of
Level 3 long distance facilities in the City's right-of-way. Should the Consortia
be unable to, or refuse to, assume such financial responsibility, Level 3 shall be
entitled to immediately terminate this Agreement. Termination of this
Agreement shall result in the immediate termination of the Consortia's IRU for
the City's and the Consortia's fibers and access points. In the event of termination
of this Agreement, Level 3 shall not assume any of the obligations incurred by the
Consortia with respect to the IRUed fiber returned to Level 3 upon termination.
The Consortia shall be responsible for all accrued liabilities with respect to the
IRUed fiber and access points or facilities. Level 3 may assume such obligations
or re-negotiate such obligations at its discretion. The Consortia shall provide
notice of Level 3' s right to terminate pursuant to this Section to all persons or
entities entering into agreements with the Consortia for the use of the Consortia's
IRUed fiber.
This Agreement will expire twenty (20) years from the Effective Date.
Negotiations for renewal of this Agreement may begin any time after the Effective
Date of this Agreement and prior to its expiration. .
M. The parties acknowledge that time is of the essence in the implementation of this
Agreement. All parties shall use their best efforts to complete the Agreement '
prior to June 1,2000.
INDEMNITY
N. Consistent with Oregon law, each of the parties hereto agrees to indemnify,
defend and save the other harmless from any claim, liability or damage resulting
from any error, omission or act of negligence on the part of the indemnifying
party, its officers, agents or employees in the performance of its responsibilities
under this Agreement.
O. In the event of litigation involving the terms and conditions of this Agreement, the
prevailing party shall be entitled to recover reasonable attorney fees, costs and
expenses from the losing party, including all such fees, costs and expenses on
appeal.
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June 2, 2000
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NOTICE
AMENDMENTS AND ASSIGNMENTS
P.
No amendment to this Agreement shall be effective unless made in writing and
signed by both parties.
This Agreement may not be transferred or assigned without the prior written
consent of the other party; provided, however, that Level 3 will give notice to the
City and the Consortia, but need not obtain the consent of the City to any
assignment or transfer of this Agreement or the rights provided herein to any
legally recognized entity controlling, controlled by or under common control with
Level 3, any purchaser of all of the assets of Level 3 or any person with which or
into which Level 3 may merge or consolidate (an "Affiliate") where Level 3 has,
prior to such change, assured itself that the Affiliate will and can perform any
obligations underthis agreement not retained by Level 3. Either party may
contract with any other entity to obtain the services of that entity as the party's
agent in the fulfillment of this agreement.
The assignment, sale, lease or grant of an IRU of a portion of Level 3' s fiber optic
system (not including the fiber IRUed to the City or the Consortia unless agreed to
otherwise), shall be allowed without the consent of the City, but with notice to the
City. Notwithstanding the foregoing, the assignment or sale of all of Level ;3's
fiber subject to this Agreement or any transfer of ownership or control over a
majority of the conduits containing the fiber within the jurisdiction of the City,
including the rights and responsibilities of maintenance, relocation and expansion,
other than to an Affiliate as set forth above, shall only be allowed upon notice and
approval by the City. Approval shall not be unreasonably withheld and shall be
granted upon reasonably satisfactory demonstration that the assignee or buyer will
have the financial and technical capacity to fulfill Level 3' s obligations under this
Agreement, and the assignee or buyer acknowledge and undertake to fulfill all of
Level 3' s obligations hereunder.
R. All notices required under this Agreement shall be sent to the following:
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For the Consortia:
Milo Mecham or
LCOG
99 E Broadway, Suite 400
Eugene, OR 97401
541-682-4023
Peter Thurston
Lane County
125 E. 8th Ave.
Eugene, OR 97401
541-682-4062
For Level 3 Communications, LLC:
Director of Intercity Development
June 2, 2000 ,
Page 9
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Level 3 Communications, LLC
1025 Eldorado Boulevard
Broomfield, Colorado 80021
With a Copy to:
General Counsel
Level 3 Communications, LLC
1025 Eldorado Boulevard
Broomfield, Colorado 80021
WARRANTY OF AUTHORITY
S. By his or her signature each person signing this Agreement warrants that he or she
has been authorized by the principal for whom this Agreement is signed to sign
this Agreement on behalf of the principal, that the principal has been informed of
the signing, and that the principal has agreed to undertake all the obligations of
this Agreement upon the signature of the principal's agent.
T. This Agreement shall be governed by and construed in accordance with Oregon
law without reference to its choice of law principles.
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u.
If any term or condition is, to any extent, invalid or unenforceable, the remainder
of this Agreement shall not be affected thereby.
V. The relationship of LEVEL 3 and the Consortia, and of City members of the
Consortia accepting this Agreement shall not be that of partners, agents, or joint
venturers, hut independent contractors.
W. W. This Agreement may executed in counterparts, all of which taken together
shall constitute one instrument.
SURVIVAL
This Agreement shall expire and be of no further force and effect upon its expiration or
earlier termination; provided, however, that any provisions hereof which by their nature
shall survive or are intended to survive expiration or earlier termination shall so survive
the expiration or earlier termination of this Agreement.
SIGNA TURES
For the Regional Fiber Consortium:
For LEVEL 3 COMMUNICATIONS, LLC
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Bill O'Dwyer, Regional Director,
Intercity Network Development
June2,2000
Page 10
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Date
Date
For the Fiber South Consortium
Date
For the participating Cities:
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June 2, 2000 '
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