CONDUIT SYSTEM LEASE AGREEMENT - Lincoln,...
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CONDUIT SYSTEM LEASE AGREEMENT This Conduit System Lease Agreement (hereinafter “Agreement”) is made and entered into by and between the City of Lincoln, Nebraska, a municipal corporation, 555 S. 10th Street, Lincoln NE 68508 (hereinafter referred to as “City”), and Allo Communications, LLC, a Nebraska limited liability company (hereinafter referred to as “Lessee”), as of the Effective Date (as hereinafter defined). WHEREAS, City owns a system of conduit, innerduct, manholes and hand holes (hereinafter “Conduit System”), as generally depicted in Exhibit B, within and under certain public street, sidewalk and alley Right of Way in the Lincoln Technology Improvement District (“LTID”) as depicted on the map attached hereto as Exhibit B and as described in Exhibit C attached hereto, and it is the intent of the City to provide the Conduit System specifically for the use of telecommunication providers, and expressly for the purpose of providing fiber optic based broadband connectivity within the LTID; and, WHEREAS, the Conduit System is intended (i) to limit the number of utility street cuts by co- location of fiber optic facilities within the City’s Right of Way located in the area that comprises the LTID (these public Right of Way located within the LTID being collectively referred to in this Agreement as the “ROW”) and (ii) to increase the availability of fiber optic based broadband to broadband users located within the LTID, including but not limited to those users that are currently underserved, in part, due to the limited space available for conduit placement within the ROW; and WHEREAS, Lessee owns and/or operates, or will own and/or will operate, within the City of Lincoln certain telecommunications facilities not subject to this Agreement, portions of which are located within the LTID, the extent of which may change over time (“Lessee Network”); and WHEREAS, Lessee desires to install, use and maintain its fiber optic telecommunication cables and appurtenances (“Lessee Fiber Optics”) in the Conduit System, all at the sole cost and expense of the Lessee; and WHEREAS, separate and apart from this Agreement, Lessee and City are willing and intend to negotiate, consider and enter into a franchise agreement with respect to cable Internet Protocol Television (IPTV) services and Broadband Internet Services that would be intended to be offered to a majority of households located in the LTID or the City, all under terms and conditions as may be mutually agreeable to the Parties; NOW, THEREFORE, in consideration of the foregoing and the following covenants and agreements, it is hereby agreed by and between City and Lessee (hereinafter “Parties”) as follows: 1. USE OF CONDUIT SYSTEM . City hereby leases space in the Conduit System (hereinafter “Space”) to Lessee on a non-exclusive basis, for Lessee to install, use and maintain Lessee Fiber Optics, in a single innerduct as assigned by City, in all or any part of the Conduit System, anywhere within the LTID, including all future additions to the Conduit System as the City may build or acquire, inclusive of Main Line Extensions, Building Extensions and Non-Typical Conduits as defined in Exhibit A hereto. The Space provided to Lessee shall have a minimum nominal diameter of 1”. As used in this Agreement, the boundaries of the LTID are as defined in Exhibit C. 2. TERM . (a) Term . The term of this Agreement shall begin on the Effective Date, and shall end on the date that is twenty-five (25) years from the Effective Date, unless earlier terminated as provided herein ("Term").
Transcript of CONDUIT SYSTEM LEASE AGREEMENT - Lincoln,...
CONDUIT SYSTEM LEASE AGREEMENT
This Conduit System Lease Agreement (hereinafter “Agreement”) is made and entered into by and between the City of Lincoln, Nebraska, a municipal corporation, 555 S. 10th Street, Lincoln NE 68508 (hereinafter referred to as “City”), and Allo Communications, LLC, a Nebraska limited liability company (hereinafter referred to as “Lessee”), as of the Effective Date (as hereinafter defined). WHEREAS, City owns a system of conduit, innerduct, manholes and hand holes (hereinafter “Conduit System”), as generally depicted in Exhibit B, within and under certain public street, sidewalk and alley Right of Way in the Lincoln Technology Improvement District (“LTID”) as depicted on the map attached hereto as Exhibit B and as described in Exhibit C attached hereto, and it is the intent of the City to provide the Conduit System specifically for the use of telecommunication providers, and expressly for the purpose of providing fiber optic based broadband connectivity within the LTID; and, WHEREAS, the Conduit System is intended (i) to limit the number of utility street cuts by co-location of fiber optic facilities within the City’s Right of Way located in the area that comprises the LTID (these public Right of Way located within the LTID being collectively referred to in this Agreement as the “ROW”) and (ii) to increase the availability of fiber optic based broadband to broadband users located within the LTID, including but not limited to those users that are currently underserved, in part, due to the limited space available for conduit placement within the ROW; and WHEREAS, Lessee owns and/or operates, or will own and/or will operate, within the City of Lincoln certain telecommunications facilities not subject to this Agreement, portions of which are located within the LTID, the extent of which may change over time (“Lessee Network”); and WHEREAS, Lessee desires to install, use and maintain its fiber optic telecommunication cables and appurtenances (“Lessee Fiber Optics”) in the Conduit System, all at the sole cost and expense of the Lessee; and WHEREAS, separate and apart from this Agreement, Lessee and City are willing and intend to negotiate, consider and enter into a franchise agreement with respect to cable Internet Protocol Television (IPTV) services and Broadband Internet Services that would be intended to be offered to a majority of households located in the LTID or the City, all under terms and conditions as may be mutually agreeable to the Parties; NOW, THEREFORE, in consideration of the foregoing and the following covenants and agreements, it is hereby agreed by and between City and Lessee (hereinafter “Parties”) as follows: 1. USE OF CONDUIT SYSTEM. City hereby leases space in the Conduit System (hereinafter “Space”) to Lessee on a non-exclusive basis, for Lessee to install, use and maintain Lessee Fiber Optics, in a single innerduct as assigned by City, in all or any part of the Conduit System, anywhere within the LTID, including all future additions to the Conduit System as the City may build or acquire, inclusive of Main Line Extensions, Building Extensions and Non-Typical Conduits as defined in Exhibit A hereto. The Space provided to Lessee shall have a minimum nominal diameter of 1”. As used in this Agreement, the boundaries of the LTID are as defined in Exhibit C. 2. TERM.
(a) Term. The term of this Agreement shall begin on the Effective Date, and shall end on the
date that is twenty-five (25) years from the Effective Date, unless earlier terminated as provided herein ("Term").
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(b) Renewal Term. If Lessee desires to renew this conduit agreement for an additional term, it shall, not less than one hundred eighty (180) days before expiration of the current lease , give written notice to the City requesting renewal. The parties shall negotiate in good faith on all issues including compensation. Within ninety (90) days after receiving a written renewal request, the Mayor shall make a written recommendation to the City Council to grant or deny the request in whole or in part. After receipt of the recommendation, the City Council shall conduct a public hearing and make a decision. If the renewal request is denied, the written determination shall include the reason(s) for non-renewal. The City Council may continue consideration of the request for a period not to exceed thirty (30) days. The decision to grant or deny a renewal request shall be based upon the following standards:
(i) The continuing capacity of the Right of Way or the conduit system to accommodate the Lessee's existing facilities;
(ii) Lessee's compliance with the requirements of this conduit lease agreement; and
(iii) Such other factors as may demonstrate that the continued grant to use the Right
of Way and conduit system will serve the community interest, including indications of significant customer satisfaction or dissatisfaction with Lessee’s provision of services.; and
(iv) Mutual agreement on compensation issues. If the parties are in agreement on compliance with standards in subsection (b)(i)-(iii) but have not reached agreement on subsection (b)(iv), the Lessee shall be allowed to continue its operations under the existing terms and conditions until agreement or a decision to recommend denial is reached. 3. MONTHLY RENT.
(a) During the Term of this Agreement, Lessee agrees to pay rent in the amount of three
dollars ($3.00) per customer, per month utilizing the Lessee Fiber Optics for broadband (“Users”). Users will include all customers with service provided by any third party service providers utilizing Lessee Fiber Optics.
(b) Initial Payment. The first payment shall be made within thirty (30) days after the
connection of the first customer. Subsequent payments shall be due monthly thereafter, on the first day of each succeeding month.
(c) Late Payment. In the event any payment is not received within thirty (30) days from the
first day of each month, Lessee shall be assessed a late fee of 5% of the payment due and shall be assessed interest at the rate of 8 1/2%, compounded daily.
(d) Pre-payment. Lessee may pre-pay all or part of this rent for the Term in an amount to
be mutually agreed upon. With each payment, Lessee shall also provide to City, the number of Users subscribing to broadband services.
(e) Escalation of Rent. Commencing on the 1st day of January next following the execution date of this Agreement and on each January 1 thereafter (each such date a “Rent Adjustment Date”), the Monthly Rent then in effect shall be adjusted, upward only, by two cents ($0.02) ) per customer, per month as outlined in Section 3 paragraph a above.
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(d) Credit for In-Kind Payment. Within the ROW, any Main Line Extension and Building Extension or manhole and/or hand hole constructed by Lessee, and innerduct installed by Lessee in empty 4” Main Line conduit (collectively “Assets”), shall qualify as credit for in-kind payment pursuant to subsection 3(d)(i) below; provided, however, that nothing contained in this Agreement shall limit Lessee’s ability to place its utility facilities in City right-of-way located within the LTID in accordance with federal, state and local laws and regulations. Main Line Extension, Main Line, and Building Extension shall have the meaning as defined in Exhibit A hereto. As used herein, In-Kind Payment shall be calculated as sixty-five percent (65%) of the agreed upon cost of qualifying work performed by Lessee, and shall be credited against the amounts due under equal monthly amounts pro-rated over the remaining portion of the Term for Rent until such In-Kind Payment has been fully applied. The maximum credit allowed is one million and five hundred thousand dollars ($1,500,000). Credit for In-Kind Payment shall apply only to Assets accepted by City pursuant to Section 8(b) and that become property of the City pursuant to Section 9 of this Agreement. All costs directly associated with construction and installation of Assets shall be borne by Lessee, including but not limited to, engineering, insurance, ROW restoration, building penetrations, building entrance fees, permits, traffic control, utility service, incidentals, or any other cost associated with construction or use of Assets. Credit for In-Kind Payment shall only apply to Assets constructed or installed within the first five (5) years of this Agreement.
(i) Qualifying In-Kind Costs. Sixty-five percent (65%) of direct labor and material costs associated with construction of an Asset to be owned by the City shall be available for In-Kind Payment credit. To qualify for In-Kind Payment credit, material must conform to the Technical Standards and Specifications (“TSS”) set forth on Exhibit A to this Agreement and may include, but not be limited to, innerduct, conduit, manholes, and hand holes comprising the Asset, and restoration material such as concrete, asphalt, and brick. Non-qualifying material costs may be authorized by the City for In-Kind Payment credit if requested in writing and approved in advance by the Conduit System Manager provided said material is used specifically for the construction of an Asset to be owned by the City. Engineering service costs associated with GIS and initial project construction may not be considered for In-Kind Payment credit. At no time are inspection service costs, management service costs, overhead or any other cost not specifically associated with the actual material and labor cost incurred during construction of an Asset available for the In-Kind Payment credit. No material or labor cost may be recovered for fiber optic cable, coaxial cable, other cable or wire, pulling rope, tape or other equal alternate associated with installation of Lessee Fiber Optics.
4. STANDARDS AND SPECIFICATIONS. Lessee shall design, construct, install, secure, use, operate and maintain the Lessee Fiber Optics according to the TSS set forth in Exhibit A hereto. Lessee shall notify City in writing in advance of any proposed changes to the TSS, which shall constitute a proposed amendment to this Agreement. City shall have thirty (30) business days to review such proposed changes before Lessee implements them. If City objects to the changes within the thirty (30) business day period, the Parties shall negotiate in good faith to reach an agreement respecting the changes. Absent an agreement, the changes shall not be implemented or become a part of this Agreement. 5. OTHER USE. This Agreement shall be subject to and subordinate to City’s right to maintain and use the Conduit System, and to use, alter or excavate any portion of the ROW or utilities; provided however that City shall use commercially reasonable efforts to minimize any adverse impact on Lessee Fiber Optics or Lessee’s rights under this Agreement. In the event that the City desires to make planned changes to the Conduit System, the City shall provide Lessee not less than ninety (90) days prior written notice setting forth a description of any changes in the Conduit System that could reasonably result in a material diminution or reduction of Lessee’s rights under this Agreement. Upon receipt of such notice as
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described above, Lessee shall have the right to terminate the affected portions of this Agreement without further liability. 6. CITY’S TITLE. City is the owner and/or holder of the property comprising the ROW associated with the Conduit System and shall be the owner of the Conduit System, subject in each case to the terms and limitations under which they are owned or held, including but not limited to covenants, conditions, restrictions, easements, including pre-existing fiber optic easements or licenses, reversionary interests, bond mortgages and indentures, and other matters, including but not limited to encroachments, licenses and permits, whether or not of record, and to the rights of tenants and licensees in possession. The rights granted herein are subject to each and every limitation, restriction or reservation affecting the same; provided however, that City shall use commercially reasonable efforts to acquire and maintain the rights necessary to provide the Space leased hereunder in accordance with the terms of this Agreement and Lessee shall have the right to terminate the affected portions of this Agreement without further liability in the event that any limitation, restriction or reservation in such rights has a material adverse impact on Lessee’s ability to use the Space leased hereunder. 7. RESTRICTION. Lessee shall not (a) create, or permit to exist, any lien, encumbrance or other property interest in the Conduit System, or (b) subject to the provisions of section 23 below, directly or indirectly sell or otherwise transfer any interest hereunder to any person or entity without the prior approval of City, which approval may be denied for reasonable cause shown. Without limiting the foregoing, City need not approve a sale or transfer hereunder unless in connection therewith such purchaser or transferee shall agree in writing to be bound by the terms and conditions of this Agreement (including without limitation those provisions which limit the liability of the Parties hereto), and Lessee’s permitted successors or assigns shall be primarily liable for the performance of all of the obligations under this Agreement. Lessee shall not sub-lease its Space in the Conduit System to any third party. The foregoing notwithstanding, Lessee is not restricted in the normal sale or lease of products and services that utilize Lessee Fiber Optics installed within the Conduit System, including but not limited to selling or leasing dark fiber in Lessee Fiber Optics to third parties including Incumbent or Competitive Local Exchange Carriers and providers of Commercial Mobile Radio Service. 8. ACCEPTANCE.
(a) Pre-acceptance Inspection. Lessee shall have sixty (60) days from the Effective Date to
inspect and accept the Conduit System. All costs associated with pre-acceptance inspection shall be borne by Lessee. The City shall cooperate with inspection operations and participate if requested, but at Lessee’s sole cost and expense. Lessee shall provide City at least five (5) days’ notice of Lessee’s desire for City participation. (b) Lessee-built Assets. Assets constructed or installed, and work performed related to the construction of said Assets within the ROW and attached to the Conduit System, by Lessee in compliance with the TSS shall be considered acceptable to the City. Acceptance shall not be unreasonably withheld or delayed by the City. Assets not accepted shall be brought into compliance with the TSS by Lessee. If physical conditions in the ROW prevent Lessee from satisfying the TSS, the Lessee and City shall work together to reach a solution mutually agreeable to both Parties. In the event a mutually agreeable solution is not reached, City shall make the decision in the exercise of its reasonable discretion. 9. OWNERSHIP. The Conduit System shall at all times be and remain the property of City. Assets constructed or installed by Lessee within the ROW, shall become property of the City immediately upon Acceptance. Lessee Fiber Optics shall at all times be and remain the property of Lessee. Lessee shall install and maintain the Lessee Fiber Optics at Lessee’s own expense and risk. Further, facilities and equipment, including but not limited to conduit, innerduct, and fiber optic cable, installed by Lessee
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in the ROW or on private property and connected to the Conduit System for the sole purpose of interconnecting the Conduit System with the Lessee Network shall at all times be and remain the property of Lessee and shall be considered a part of the Lessee Network and shall not be a part of the Conduit System. 10. INTENDED USE. City certifies the continuity and integrity of the Conduit System, that it is acceptable for its intended use, and that the Space assigned to Lessee is capable of passing a solid mandrel of at least 6" long and 80% of the diameter of the conduit or innerduct in which the Space is assigned. When notified in writing by Lessee of deficiencies in the Space, the City shall correct such deficiencies expeditiously at City’s sole cost and expense, or assign different Space to Lessee. During the pre-acceptance inspection described in Section 8(a) above, Lessee may refuse to accept the Conduit System and terminate this Agreement in the event City fails to correct said deficiencies within sixty (60) days of receipt of written notice from Lessee. 11. OBLIGATIONS.
(a) Lessee Obligations.
(i) During the Term of this Agreement, Lessee shall maintain the Lessee Fiber Optics in a functional and safe condition. All installation and maintenance of the Lessee Fiber Optics shall be the responsibility of Lessee and shall be performed under its direction by contractors approved by City, such approval not to be unreasonably withheld. Lessee shall perform such maintenance as is reasonably necessary and customary for normal use of the Lessee Fiber Optics in the manner described in Exhibit A. The installation and maintenance of the Lessee Fiber Optics shall be performed in a manner that minimizes any interruption or disruption of the ROW, utilities, communications or streets (including traffic control devices and systems) and shall restore the ROW, utilities, communications and streets (including traffic control devices and systems) in accordance with Exhibit A. The Lessee shall follow reasonable guidance and instructions from City for this purpose which need not be the lowest cost or most cost effective method for Lessee. (ii) If, in the course of Lessee’s monitoring and maintenance of the Lessee Fiber Optics, Lessee identifies any degradation in service, failures or defects in the Conduit System, Lessee shall promptly report such degradation in service, failures or defects to the City. (iii) In accordance with the Lincoln Revised Ordinances, Lessee shall be responsible for all damage, loss, and expense which may result by reason of defective material and/or workmanship in connection with work performed by Lessee under this Agreement, arising within a period of one (1) year from acceptance of said work by the City pursuant to Section 8(b) above. Lessee shall promptly repair such defect and pay, or cause to be paid, all expenses associated with said repair; and Lessee shall save and hold the City harmless from all damages, loss, and expense occasioned by or resulting from such defect. (b) City Obligations. (i) Ongoing maintenance and repair of the Conduit System shall be the responsibility of the City and at City’s sole expense, except that damage or degradation of the Conduit System that is attributable to the use or negligence of the Lessee shall be at the expense of the Lessee. The City shall maintain the Conduit System in good working condition, ensuring continuity between manholes, hand holes and Building Entrance points, and usable for its intended purpose. In the event that Lessee believes that the City has failed to maintain the
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Conduit System as provided herein, Lessee shall provide the City with ninety (90) days written notice specifying any maintenance failures, and if the City fails to take corrective action within the ninety (90) day period, Lessee may perform or cause to be performed the maintenance and repair of the Conduit System and the costs thereof shall be credited against monthly Rent due hereunder. (ii) Subject to construction notification requirements, the City shall keep confidential and not disclose to other occupants of the Conduit System, or otherwise make public, information concerning any Asset construction by Lessee, whether planned, in progress, or completed, until thirty (30) days after Acceptance of the Asset by the City.
12. LESSEE USE OF CONDUIT SYSTEM.
(a) Third Party Contracts. Lessee shall not act in any way which would interfere with City's performance of City contracts for provision of communication services utilizing the Conduit System.
(b) Damage from Misuse. Lessee shall not use the Conduit System except as intended under this Agreement. If Conduit System damage is attributable to misuse or abuse by Lessee, then Lessee shall pay City for the repair or replacement of the affected portion of Conduit System and any damage to City property in accordance with City schedule of time and material charges then in effect. (c) Use in Accordance with Law. By agreeing to this Agreement, Lessee agrees to obey and comply with all applicable governmental ordinances laws, rules, regulations, or restrictions, including, but not limited to, the City of Lincoln Title 5 and Title 14. Subject to City ordinance, City permitting requirements, and Exhibit A, Lessee shall have unrestricted access to the Conduit System for purposes of operating, repairing, installing, inspecting, and removing Lessee Fiber Optics, interconnecting with the Space and the Lessee Network, and extending the Conduit System. 13. INDEMNIFICATION. Lessee shall indemnify and hold City harmless from any and all damages, losses, claims, suits, actions or judgments, including all expenses, reasonable attorney fees, witness fees and costs of defending or prosecuting any such claim, or appeals therefrom, relating to personal injury (including death) and damage to tangible personal property to the extent arising from Lessee's negligent acts or omissions in connection with the performance of this Agreement (including Exhibit A) or Lessee’s negligent acts or omissions in connection with the installation, use or maintenance of the Lessee Fiber Optics or the Conduit System, including any interference or damage to any third person or property. Lessee agrees to investigate (and at City's election, defend with counsel approved by City), indemnify, and hold harmless City from and against any and all loss, damage, liability, claims, demands, detriments, costs, charges and expenses (including, without limitation, attorney's fees) and causes of action of whatsoever character which City may be subjected to on account of loss of or damage to or destruction of property, including but not limited to the Conduit System and the Lessee Fiber Optics, and loss of use thereof to the extent arising from Lessee's, its agents’ or contractors’ negligent acts or omissions in connection with the performance of this Agreement (including Exhibit A) or Lessee’s, its agents’ or contractors’ negligent acts or omissions in connection with the installation, use or maintenance of the Lessee Fiber Optics or the Conduit System. 14. INSURANCE. Lessee agrees to maintain, during the term of this Agreement, policies of insurance in accordance with the City of Lincoln Revised Ordinances.
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15. TERMINATION. (a) By Lessee. Lessee may terminate this Agreement for any reason or no reason, upon ninety (90) days written notice to City. Any such termination shall also terminate the obligation of Lessee to pay rent, other than Early Termination charges listed in section 15(b) and the duties provided in this section 15(a). Upon termination of this Agreement as herein provided, at its sole cost and expense, Lessee shall, upon written demand from City, and within one (1) year after receipt of such demand, completely remove all of the Lessee Fiber Optics and restore the Conduit System and any other facilities, cables, public property, as nearly as possible, to the state and condition of its existence immediately prior to commencement of this Agreement with all cost borne by the Lessee. Failure to remove the Lessee Fiber Optics within the required timeframe shall constitute abandonment and title thereto shall pass to the City. If City does not demand removal, Lessee may, at its option, completely remove all the Lessee Fiber Optics or abandon said Lessee Fiber Optics to City ownership without cost or expense to City or to Lessee.
(b) Early Termination Charge. Upon termination in accordance with the terms of this Agreement by the City pursuant Section 16, or upon termination for convenience by Lessee (collectively “Early Termination”), City shall assess and collect from Lessee, and Lessee shall pay, an Early Termination charge of two hundred and fifty thousand dollars ($250,000). 16. VIOLATIONS; TIME TO CURE; SUMMARY TERMINATION. If at any time in the performance of this Agreement, Lessee should violate any material law(s) including but not limited to Lessees’ Broadband Franchise, material standard(s) of good practice, or a material term of this Agreement, including Exhibit A, City may notify Lessee in writing of said violation, and Lessee shall have thirty (30) days to cure said violation to City’s satisfaction, or such longer period as may be reasonably necessary under the circumstances provided that Lessee commences to cure such failure within such thirty (30) day period and thereafter diligently pursues such cure. If Lessee does not cure said violation to City’s satisfaction within said period, City may summarily terminate this Agreement, upon ninety (90) day advance written notice to Lessee. (a) Dispute Resolution. The Parties will attempt in good faith to resolve any dispute or claim arising out of or in relation to this Agreement through negotiations between the Conduit System Manager and the Lessee. If the dispute cannot be settled amicably within thirty (30) days from the date on which either Party has served written notice on the other of the dispute then the remaining provisions of this Clause shall apply. (b) Escalation of Dispute Resolution. In the event of a dispute between the Conduit System Manager and the Lessee (other than a matter to be resolved pursuant to Clause concerning the interpretation of any provision of this Agreement or the performance of any of the terms of this Agreement) is not resolved, such matter or matters in dispute shall be escalated as follows:
(i) Lessee may submit a written request to the Public Works Director requesting a meeting to discuss the matter. The Public Works Director will meet with Lessee and issue a written response to the issue within fifteen (15) days of the meeting; (ii) In the event the Lessee does not agree with the findings of the Public Works Director, the Lessee may submit a written request to the Office of the Mayor for a review of the issue in dispute. The Office of the Mayor will review the findings of the Conduit System Manager and the Public Works Director and issue a written response to the Lessee within thirty (30) days of receipt of the written request; and
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(iii) In the event the Lessee does not agree with the findings of the Office of the Mayor, the Lessee may proceed to file litigation before the District Court of Lancaster County, Nebraska seeking to obtain a resolution of any remaining open issues.
17. NOTICES. City and Lessee agree to keep contact information complete and updated. Except as otherwise provided in this Agreement, any notice or other communication shall be given in writing and sent by registered or certified mail, postage prepaid, return receipt requested or by recognized overnight delivery, or by email provided the email if followed in writing by one of the aforementioned methods within seventy-two (72) hours. Except as otherwise specifically provided, notices and other communications shall be deemed given and received three days after the date of mailing or, in the case of notices or other communications delivered in person, when received at the recipient's designated address for notices. The addresses for notice may be changed by giving written notice in accordance with this Section. (a) City. City’s representative for notice and communications with Lessee is: City of Lincoln Attn: Mayor’s Office 555 S. 10th Street, Lincoln NE 68508 (b) Lessee. Lessee’s representative for notice and communications with City is: Allo Communications, LLC Attn: President 121 South 13th Street Suite 201 Lincoln, NE 68508 18. BINDING UPON SUCCESSORS. This Agreement, shall bind both Parties hereto, and their successors and permitted assigns. 19. ANNUAL PERFORMANCE REVIEW. Representatives of City and representatives of Lessee shall meet together on or about each anniversary of the execution of this Agreement, to review the performance of this Agreement, identify problems, discuss areas of concern, and make suggestions for future performance and cooperation. By mutual agreement, the Parties may waive the said meeting. 20. MISCELLANEOUS.
(a) Headings. The front page of this Agreement and the heading of the paragraphs of this
Agreement are strictly for convenience and shall not in any way be construed as amplifying or limiting any of the content of this Agreement as set forth in the body of such paragraphs.
(b) Entire Agreement. This Agreement, with all its attached exhibits, constitutes the entire
agreement between the Parties with respect to the subject matter to which it refers and supersedes all previous agreements, whether written or oral, between City and Lessee or their predecessors in these regards. Nothing herein is intended to benefit any person or entity not a party hereto.
(c) Counterparts. This Agreement may be executed by the Parties in two (2) separate
counterparts, each of which shall be deemed to be an original copy, but which shall constitute but one agreement.
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(d) Computation of Time. The time in which any act provided by this Agreement is to be
done shall be computed by excluding the first day and including the last, unless the last day is a Saturday, Sunday or holiday, and then it is also excluded.
(e) No Partnership, Joint Venture or Franchise. The relationship between the Parties to this
Agreement shall not be that of partners, joint ventures, or franchisor/franchisee, and nothing contained in this Agreement shall be deemed to constitute a partnership, joint venture or franchise. Neither Party hereto may represent to any third party that this relationship is one of partnership, joint venture or franchise.
(f) Rules of Construction. The headings of the Sections in this Agreement are strictly for
convenience and shall not in any way be construed as amplifying or limiting any of the content of this Agreement as set forth in the body of such Sections. The singular herein shall include the plural, and the plural herein shall include the singular, where appropriate. Related forms of capitalized terms shall carry the implied meaning of the defined term.
(g) Force Majeure. Neither Party shall be in breach of its obligations under this Agreement
(other than payment obligations) or incur any liability to the other Party for any losses or damages of any nature whatsoever incurred or suffered by that other if and to the extent that it is prevented from carrying out those obligations by, or such losses or damages are caused by, a Force Majeure Event.
"Force Majeure Event" means the occurrence of: an act of war, invasion, terrorism or civil
disorder, a strike, labor disputes, explosion, embargo, earthquake, lightning, cyclones, hurricanes, floods, droughts or such other extreme weather or environmental conditions, unanticipated geological or ground conditions, epidemic, famine, plague or other natural calamities and acts of God.
(h) No Waiver. Lessee, by entering into this Agreement, does not waive, and hereby
expressly reserves its rights pursuant to 47 U.S.C. §224, Neb. Rev. Stat. §§86-701 through 86-710 or other laws or regulations that grant Lessee rights to place equipment or facilities in the City’s right-of-way. 21. EFFECTIVE DATE. The Effective Date of this Agreement shall be the later of the date on which it is executed by the City or Lessee. 22. CONFIDENTIALITY. Each Party may disclose confidential information to the other Party in connection with this Agreement. Confidential information includes information that is marked confidential or bears a marking of like import, or that the Party disclosing such information states is to be considered confidential and then confirms such confidentiality in writing within ten (10) days (“Confidential Information”). Confidential Information may only be used by the receiving Party in connection with its performance under this Agreement. Confidential Information may not be disclosed except to those officers, directors or employees of the receiving Party or its affiliates with a need to know or to consultants or subcontractors of the receiving Party who agree to be bound by this Section. If the receiving Party is legally compelled by any means (including deposition, interrogatory, request for documents, - Nebraska Open Records Act, subpoena, civil investigative demand, etc.), or is required under federal securities laws or regulations to disclose Confidential Information, the receiving Party must make reasonable efforts to provide the disclosing Party with prompt notice of such legal requirement prior to disclosure so that the disclosing Party may seek a protective order or other appropriate remedy. If such protective order or other remedy is not obtained, receiving Party will furnish only that portion of the Confidential Information that it is legally required to furnish Confidential Information does not include information that: (i) is or becomes generally available to the public through no wrongful act of the
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receiving Party; or (ii) is independently developed by the receiving Party. The obligations of this provision will survive for five (5) years after any termination or expiration of this Agreement. 23. ASSIGNMENT. Neither Party shall assign, encumber or otherwise transfer this Agreement to any other Person without the prior written consent of the other Party, which consent shall not be unreasonably withheld. Notwithstanding the foregoing, each Party shall have the right, without the other Party's consent, but with prior written notice to the other Party, to assign or otherwise transfer this Agreement (i) as collateral to any institutional lender of such Party subject to the prior rights and obligations of the Parties hereunder; and (ii) to any affiliate, parent or subsidiary of such Party, or to any entity into which such Party may be merged or consolidated or which purchases all or substantially all of the equity or assets of such Party; provided that such Party shall not be released from its obligations hereunder without the other Party’s consent. Any assignee or transferee shall also be subject to all of the provisions of this Agreement. 24. LIMIT OF OBLIGATIONS. Nothing contained herein pertaining to the use of or attachment to the Conduit System, or City control thereof, shall be construed as imposing an obligation on Lessee with regard to any fiber optic or other telecommunication facilities owned and/or operated by Lessee outside the ROW unless specifically noted in this Agreement and approved by Conduit System Manager, it being understood that “ROW” under this Agreement strictly refers to City Right of Way located within the LTID as defined in Exhibit C. Similarly, no such obligations shall be imposed on Lessee’s equipment or facilities, existing or in the future, not specifically constructed or installed under this Agreement. 25. LIMITS OF LIABILITY. Except as provided in this Agreement or otherwise agreed in writing, the City and Lessee shall not be subject to any other obligation or liability, whether arising out of breach of contract, warranty, tort or other theories of law, with respect to the subject matter of this Agreement, or the undertakings, acts or omissions related thereto. Under no circumstances will either City or Lessee be liable for any incidental or consequential damages, or for any other loss, damage or expense of any kind, including loss of profits, arising in connection with this Agreement or with the use of the Conduit System or liability for the City’s services under this Agreement.
[Signatures follow on the next page.]
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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the dates set forth below. CITY OF LINCOLN, NEBRASKA, a municipal corporation, Chris Beutler, Mayor Public Works Director Date: Date: ATTEST: APPROVED: City Clerk City Attorney
LESSEE: Allo Communications, LLC By: Name: Title: Date:
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Exhibit A
Technical Standards and Specifications
These standards and specifications pertain only to use of the Conduit System as relates to this Agreement. The Conduit System is located within the Lincoln Technology Improvement District as shown in Exhibit B and generally described in Exhibit C of this Agreement. I. DEFINITIONS
A. “Main Line” means the portion of the Conduit System consisting of manholes, hand holes, 4”, 3” and 2” conduit, the running line of which is as generally depicted in Exhibit B, and segments of which may be populated existing copper traffic operations wire.
B. “Main Line Extension” means any extension of the Main Line subsequent to the Effective Date,
whether constructed by the City or by any tenant in the Conduit System, including Lessee.
C. “Non-Typical Conduit” means any existing 2” or 3” traffic conduit located within the Lincoln Technology Improvement District.
D. “Building Extension” means that portion of the Conduit System, located within the ROW,
originating at a manhole or hand hole in the Main Line and extending to a building entrance point, excluding the building entrance point.
II. CONSTRUCTION STANDARDS
A. Materials
i. Main Line Extensions. All Steel, Fiberglass, PVC or HDPE conduit installed with the intent of becoming a Main Line Extension are to be 4” minimum in size and match the existing number of conduits in place. Steel conduit will be joined with threaded collars, Zap-Lok, or welding. All split steel conduit shall be flanged. All 4” conduits will be installed in such a manner as to allow for the installation of four (4) innerducts, three (3) innerducts will be 1 ¼” SDR 13.5 HDPE innerduct and one (1) 1” SDR 13.5 HDPE innerduct. All directional changes will be made with sweep 90 degree elbows and at no time will the conduit installations restrict the number of innerducts able to be installed to less than four (4). All Main Line Extension conduit locations and materials will be subject to approval by Conduit System Manager. Where site conditions warrant and at the request of the Lessee, the Conduit System Manager may approve the installation of six (6) 1 ¼” SDR 11 innerducts as a mainline extension.
ii. Building Extensions. All Building Extensions are to consist of three (3) 1 ¼” SDR 13.5
ducts and one (1) SDR 13.5 innerduct, which may be installed within 4” HDPE conduit, or an equal alternate approved by Conduit System Manager. Where site conditions warrant and at the request of the Lessee, the Conduit System Manager may approve the installation of a six (6) cell MaxCell sock inside a building entry conduit.
iii. Non-Typical Conduit. Non-Typical Conduit is provided where is and as is under this
agreement. The use of Non-Typical Conduit is provided to the Lessee on an as-request basis and subject to the approval of the Conduit System Manager. Non-Typical Conduit sizes are typically 2” or 3” in diameter. Lessee will take precautions to avoid damaging any existing
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City-owned cable while installing Lessee facilities in the Non-Typical Conduit. Lessee agrees to cooperate with the City in the removal and replacement of the existing cable in return for the use of the Non-Typical Conduit. MaxCell innerduct with a minimum capacity for four (4) cables will be installed in any Non-Typical Conduit prior to installing any Lessee facilities.
iv. Main Line Innerduct. Any unoccupied 4” Main Line conduit in which Space is assigned to
Lessee and which Lessee desires to utilize shall be first filled with a minimum of four (4) innerducts, three (3) innerducts will be 1 ¼” SDR 13.5 HDPE innerduct and one (1) 1” SDR 13.5 HDPE innerduct by Lessee prior to use. The use of smooth wall or corrugated exterior innerducts will be approved by Conduit System Manager on a case by case basis. Alternates must be approved in writing by the City in advance. Lessee will properly identify leased innerducts with cable tags.
v. Hand holes. Unless otherwise approved by City, all hand holes will be located in the green
spaces/landscaped areas or sidewalks within the Lincoln Technology Improvement District. All hand holes will have a minimum size of 30” x 48” x 36”. All hand holes will be installed in accordance with ASSHTO-H20-44 Load rating and conform to the City of Lincoln Traffic Standards and Specifications.
vi. Manholes. All manholes installed within the Lincoln Technology Improvement District shall
comply with the City of Lincoln Construction Standard Specifications and Standard. No manholes constructed with masonry brick will be permitted within the Lincoln Technology Improvement District.
vii. Communication Cabling. It is the intent of the City to increase the use of fiber optic based
telecommunications within the Lincoln Technology Improvement District. Therefore, the desired communication cable to be used within the Conduit System will be fiber optic cable. An equitable alternate may be approved upon written request to the City. Fiber optic cable located in Non-Typical Conduit will not exceed 96 count.
viii. Locate Wire. Locate wire will be placed inside all segments of the Conduit System. Locate
wire will consist of a minimum of #14 stranded core PVC coated copper wire. An equitable alternate may be approved upon written request to the City. All locate wires will be attached with anchor clips to the walls of the manholes in a clean, secure and orderly manner. Locate wires will connected to termination blocks installed by the contractor no more than 10” below the manhole or hand hole lid.
ix. Subdivisions Extension Specifications. Lessee and City shall cooperate in good faith to
jointly develop reasonable specifications with respect to extension of the Conduit System for installation in more predominantly residential/non-central/non-arterial neighborhoods and locations within the LTID.
B. General:
i. Construction Plans. Preliminary plans shall be submitted for each new construction or
installation project at the time of application for a Conduit Access Permit. After completion of construction on each project, final as-built construction facility maps shall be submitted to the Conduit System Manager. Such as-built maps shall be based upon post-construction inspections to verify location. Copies of as-built maps in a digital format and level of accuracy acceptable to the City shall be submitted to the Conduit System Manager.
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ii. Depth. Unless agreed to in writing in advance by the City, the depth of installed facilities
shall be, at a minimum, as follows:
a. Forty-eight (48) inches in soil, b. Forty-eight (48) inches below a projected slope from the flow line of a ditch at a
three (3) horizontal and one (1) vertical slope; c. Forty-eight (48) inches under a roadway measured from the surface of said roadway
to the top of the installation; d. Forty-eight (48) inches under a storm water or creek channel design flow line; e. In all other locations, including subdivisions and other predominantly
residential/non-central/non-arterial neighborhoods and locations, depth standards will be agreed upon by the City and Lessee utilizing appropriate construction standards; and
f. Lessee shall cross under all existing utility lines at a depth of twenty-four (24) inches. g. City may require Lessee's facilities be placed at a greater depth than minimum depths
as defined by local, state, or federal standards to facilitate known projects or to correct deficiencies, and
iii. Lincoln Technology Improvement District Specific Locations.
a. Street – All conduits placed at a minimum 4’ depth unless otherwise approved by Conduit System Manager
b. Alley – All conduits placed at a minimum 4’ depth unless otherwise approved by Conduit System Manager
c. Sidewalk – All conduits placed at a minimum 4’ depth unless otherwise approved by Conduit System Manager
d. Aerial – No aerial installations will be permitted unless on an existing pole. Any relocation of facilities from an aerial installation to underground will be at the sole discretion of the City and at the sole cost of the Lessee.
e. Subdivision and other and other predominantly residential/non-central/non-arterial neighborhoods and locations in ROW – depth standards to be agreed upon by the City and Lessee utilizing appropriate construction standards.
iv. Backfilling/Testing. Excavations shall be promptly backfilled according to the City of
Lincoln Standard Specifications for Municipal Construction on file with the Public Works Director and the surface shall be restored to original grade to assure no hazard to vehicular, animal, or pedestrian traffic. Lessee shall perform all necessary compaction tests in accordance with the latest design and construction specifications approved and disseminated by the Director of Public Works setting forth requirements for backfill and paving cut repairs (e.g., standard concrete pavement cut and repair; standard asphalt pavement cut and repair, etc.). All test reports shall be submitted to the Conduit System Manager.
v. Pavement Cutting. Lessee, Lessees’ contractors and subcontractors shall comply with the
latest City paving cut standard and applicable terms and conditions of the Lincoln Municipal Code prior to cutting any pavement.
vi. Restoration and Replacement. If public or private property is disturbed or damaged,
Franchisee shall restore the property with like materials to as-good or better condition. The replacement of any sidewalk, curb, any driving surface, and the base of any roadway shall be the responsibility of Lessee paving cut contractor, unless otherwise approved by the Director.
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The Lessee's paving cut contractor must be approved by the Director and in good standing with the City. In the absence of an approved Lessee paving cut contractor, The City shall make repairs per the terms of the Lincoln Municipal Code, at the expense of the Lessee as set forth in Title 14 and Lincoln Revised Ordinances.
All repairs and replacements shall comply with the City's Engineering Standards, pursuant to engineering plans on file with the City and will require additional removal to the nearest joint in all directions. Surface replacements shall be completed no later than ten (10) calendar days from completion of the underlying construction project. Specialty pavement sections must be constructed to restore the pavement to its original or an improved condition. If weather or other conditions do not permit the complete restoration required by this section; the Lessee shall temporarily restore the affected ways or property. Such temporary restoration shall be at the Lessee's cost, and Lessee shall promptly undertake and complete the required permanent restoration when the weather or other conditions no longer prevent such permanent restoration. All restoration work is subject to inspection and final approval by the City. If restoration is not made to the reasonable satisfaction of the City within the established time frame (or without notice where the disturbance or damage creates a risk to public health or safety, or cause delay or added expense to a public project or activity), the City may cause the repairs to be made at Lessee’s expense and recover the cost of those repairs from Lessee. Lessee shall pay the City within thirty (30) days of receipt of an itemized list of those costs, including the costs of labor, materials and equipment.
vii. Trenching. Lessee shall not proceed with additional trench work exceeding a maximum of
one hundred (100) feet of open trench without the approval of the Conduit System Manager. All excavation spoils and/or construction debris will be removed immediately.
viii. Crossings. All underground crossings of paved roadways and storm water and creek
channels shall be made by a bore method approved by the Conduit System Manager. Any alternate method shall be reviewed and subject to approval by the Conduit System Manager. Voids and all holes shall be properly grouted. Crossings shall be at approximately right angles to the roadway and in no case shall any facility be placed in any culvert or drainage pipe or within ten (10) feet of a culvert or storm sewer unless approved by Conduit System Manager.
ix. Boring Specifications:
a. Casing pipe or Conduit shall be placed as indicated on the drawings and shall be as specified in the section entitled “Materials.”
b. Casing pipe or Conduit shall be placed to the minimum depths indicated on the drawings. The horizontal tolerance shall be plus or minus 0.5 foot and the vertical alignment plus or minus 0.5 foot.
c. The method of placement when indicated on the drawings as Boring shall mean that the casing or Conduit is placed between two points (either at grade or from an excavated bore pit) without disturbing the ground in between. Unless otherwise required by permit, all bores shall be guided and tracked by equipment that gives continuous, accurate monitoring of the drill bit position. All guidance equipment shall be subject to the acceptance of the engineer. Auger bores are acceptable when required by permit entities. This could possibly apply to RR crossings.
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d. Bore methods and procedures shall follow industry established best practices. e. Non-guided boring (such as what has been referred to as “missile” or “thumper”)
shall not be permitted at any location within the corporate limits of the City of Lincoln.
f. The contractor is responsible to protect all existing utilities and private property. Existing utilities shall be potholed prior to boring. Drill fluid shall be bentonite based compatible with the environment. Waste oil or environmentally non-compatible polymers cannot be part of the composition.
g. Used drilling fluid shall be properly, immediately and legally, disposed of. h. The contractor shall continuously monitor boring operations for the possible frac-out
of drill fluid. Any frac-out or surface uplifting shall be immediately reported to the engineer, contained, repaired and cleaned up. Any drill fluid released into waterways shall be immediately reported to the Conduit System Manager, contractor and permit agency governing the water. In water, the frac-out shall be contained, in accordance with the permit. Clean up shall be in accordance with the permits. Drill fluid shall not be allowed to remain in the water.
i. The contractor shall be responsible for dewatering, diverting water, and controlling water surface runoff that would affect downstream water turbidity as required for the site conditions.
j. At bore locations with lengths in excess of 600 feet as indicated on the drawings, the contractor may be allowed to establish intermediate bore pits. The Conduit System Manager shall make the determination on the acceptability of intermediate bore pits.
k. Where pipe bends are required to be made in the field, such bends shall be made with approved bending tools, and following the pipe manufacture’s approved method of procedure.
x. Erosion. Erosion prevention measures shall be incorporated into all work within the ROW as
described in the Storm Water Management Manual. All gutters, ditches, and other drainage features shall be maintained free and unobstructed of sediment, dirt, and debris. The handling, grading, excavating, or moving of excess construction materials or the movement or cleaning of construction vehicles or equipment shall be conducted in such a manner that materials and washout will not be deposited into catch basins, gutters, ditches, or areas where runoff may carry materials into any public or private storm water system.
xi. Inspection. All construction inspection shall be coordinated with the Conduit System
Manager. xii. Nebraska One Call System. Lessee and any contractor or subcontractor working on behalf
of the Lessee agree to comply with the State’s One Call notification/location system, known currently as the Nebraska One Call System. Lessee will be responsible for all locates of existing and post-acceptance newly constructed Conduit System occupied by Lessee. Lessee shall be responsible for locating Lessee Fiber Optics as provided for under the Nebraska Underground Facilities Damage Prevention Act.
xiii. Damages. Lessee agrees to perform construction in such a manner as to avoid possible
damage to the Conduit System. Should Lessee become aware of damage to the Conduit System or the facilities of its tenants, Lessee agrees to notify the City of damages. If damage is attributable to Lessee negligence, Lessee agrees to bear full responsibility for all cost associated with the repair and restoration of the affected area. Lessee and the Conduit System Manager shall cooperate to determine the best means of restoration. The contractor performing repairs shall be approved by the Conduit System Manager, provided contractor is
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qualified and in good standing with the City. xiv. Due Care. All Facilities and connections in, over, under, and upon the streets of the City,
wherever situated or located, shall at all times be kept and maintained in a safe, suitable, and substantial condition, and in good order and repair.
III. USE OF CONDUIT SYSTEM
A. Installation Procedures.
i. Permit Requirements.
a. Lessee shall be responsible for any third party supervision charges relating directly to damages attributable to Lessee negligence.
b. Lessee will meet all requirements under Title 5, Chapter17 in order to receive a permit prior to beginning any construction in the Conduit System.
c. Lessee agrees to comply with the “Call Nebraska One Call System” or any successor utility location system requirements prior to beginning construction.
d. Construction Zone Identification. Whenever the Lessee or Lessee’s agent excavates or obstructs any portion of the ROW, Lessee shall erect a temporary sign displaying either:
(i) The names of Lessee, any contractors and/or subcontractors involved in the project, and the City permit number authorizing said activity; or
(ii) The names of the Lessee and a local telephone number or toll free number manned during regular business hours by a person who is knowledgeable about the construction project. The sign shall be visible from any adjacent traffic lane and shall be maintained throughout the duration of the project.
e. Vehicle Identification. All vehicles used, parked, or stored by or on behalf of Lessee or Lessee’s agent within a permitted construction zone shall be clearly marked, providing the name of Lessee or Lessee’s agent. Any unmarked vehicles shall be subject to all moving and parking ordinances. Private vehicles shall not be allowed to be parked or stored within any permitted work zone at any time.
f. Cable Identification. Lessee will attach cable identification tags to lessee-owned fiber cables within the LTID system.
(i) Cable identification tags will contain the name and contact information for the lessee and be located in each System manhole and hand hole where lessee-owned cable is present.
ii. Access.
a. Standard Access. Advance notice as specified below is required prior to Lessee accessing the Conduit System. After receiving notification of access, the City will notify all parties with product in the affected area of the date and time of proposed access. Lessee can opt to have a representative on site at the time of access to monitor all construction activities. The Lessee will be responsible for any cost to the City associated with this access.
(i) Manholes – 5 business days written notification to Conduit System Manager or designee is required prior to accessing manholes.
(ii) Hand holes – 5 business days written notification to Conduit System Manager or designee is required prior to accessing hand holes.
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b. Emergency Access. In the event of an emergency, Lessee shall endeavor to provide City with notice immediately prior to accessing or working around the Conduit System, but in any case shall notify City within 4 hours of commencement of work or access into the Conduit System. On the first available business day City may notify all parties with product in the affected area.
c. Supervision. Any customary charge incurred by the City for a City technician to supervise the installation, maintenance, or emergencies of the Lessee project will be the responsibility of the Lessee. In addition, Lessee shall be responsible for any 3rd party supervision charges relating directly to damages attributable to Lessee negligence. The City will provide Lessee with a City technician rate sheet and notify Lessee prior to any proposed rate change.
d. Notification. City will notify Lessee of any emergency access to, or work performed around, the Conduit System on the first available business day after an Emergency Access by the City or any third party. Regarding Standard Access described in III (ii.)(a.) above, the City shall provide Lessee with not less than five (5) days prior notice of proposed access to the Conduit System by the City or any third party.
iii. Core bore location.
a. All manholes core bore locations or similar access will be subject to the approval of the Conduit System Manager. Such request must be made in writing, accompanied with a set of plans showing the location of all existing core bore locations in the manhole. The City shall take no more than fourteen (14) days to respond to core bore requests.
b. All hand hole core bores or similar access locations will be subject to the approval of the Conduit System Manager. Such requested must be made in writing, accompanied with a set of plans showing the location of all existing core bore locations in the hand hole. The City shall take no more than fourteen (14) days to respond to core bore requests.
c. Core bores will be accomplished using generally accepted industry practices. Requests will not be unreasonably delayed or denied by the City.
iv. Open Cut.
a. Removal of Spoil. Any/all spoil from excavation, trenching, boring or other construction activity shall be removed from the ROW the same day it is excavated. No spoil will be left on the street, sidewalk, or any other traveling surface overnight.
b. Approval of Backfill. Cement-based flow-able fill or Class A aggregate base compacted to 95% standard modified proctor as described in the City of Lincoln Standard Specifications for Municipal Construction shall be used as backfill under a street or alley At no time shall any excavation spoil be used as backfill. At no time shall sand be used as bedding or backfill material. Only cement-based flow-able fill or other equal material will be approved for use by the Conduit System Manager.
c. Plating of open trench. Any trench in the roadway to be left unattended for any length of time shall be plated.
v. Pulling or Blowing Communication Cabling.
a. All fiber optic cable shall be installed using a powered pulling winch and hydraulic powered assist pulling wheels. The maximum pulling force to be applied to the fiber optic cable shall be 600 pounds. Sufficient pulling assists will be available and used
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to insure the maximum pulling force is not exceeded at any point along the pull. The cable can also be installed via other methods as long as maximum pulling force on the cable does not exceed 600 pounds. All cables shall be lubricated with Polywater or approved equal. A pulling swivel with a break-away rated at 600 pounds shall be used at all times during the pulling operation.
b. All splices and splice cases will be contained in manholes with locations of splice cases within the manholes to be approved by Conduit System Manager. Splices will not be approved in hand hole locations.
c. Slack loops for Main Line cables will be fifty foot (50’) maximum length of cable and may be installed in every Main Line manhole where space exists. Slack loops for Building Extension cable will be a maximum of twenty-five foot (25’) in length and located in hand holes where space exists. The Conduit System Manager will review and approve all locations for slack loops. All slack loops and splice cases will be securely mounted to the manhole wall using generally accepted industry practices and will not interfere with conduit, innerduct, or manhole access. Slack loops may be prohibited in hand holes and manholes where physical space is not available or where the addition of slack may cause the hand hole or manhole to be unusable in the sole discretion of the System manager. No slack will be allowed on the manhole floor.
d. Splice cases may be installed in any Main Line manhole. All mounting locations for splice cases and equipment racks will be approved by Conduit System Manager.
e. All manholes and hand holes will be kept clean and free of trash, unsecured slack loops, unsecured splice cases, and or other debris at all times.
f. All conduits, innerducts, locate wire and fiber shall have a lubricant applied at each conduit ingress and egress location and during the pull operation. Lubricant shall be Polywater (type specific to be approved per project) or equal.
B. Restoration.
i. Street.
a. Lessee shall comply with the terms and conditions of Title 14 and Lincoln Revised Ordinances prior to cutting any pavement.
b. The replacement of any sidewalk, any driving surface, and the base of any roadway shall comply with City of Lincoln Standard Specifications for Municipal Construction, pursuant to engineering plans on file with the Public Works Department and will require additional removal to the nearest joint in all directions. This removal and all pavement restoration shall be the responsibility of the Lessee. The Lessee contractor shall be approved by the Conduit System Manager, which approval shall not be unreasonably withheld provided contractor is qualified and in good standing with the City, with all work done at the expense of the Lessee as set forth in Title 5, Title 14 and Lincoln Revised Ordinances.
ii. Alley.
a. All restoration in alleys shall comply with City of Lincoln Standard Specifications
for Municipal Construction, pursuant to engineering plans on file with the Public Works Department. Conduit System Manager shall determine proper size, scope, and material used to repair alleys on a case by case basis.
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iii. Contractor / Subcontractor Qualifications. All Lessee contractors and subcontractors will meet the requirements set forth in by the Public Works Department and be in good standing with the City.
iv. Traffic Control and Safety.
v.
a. Lessee, while occupying any portion of ROW in connection with access to the Conduit System, shall erect a barrier around the perimeter of any excavation and provide any and all traffic-control devices, signs, and lights appropriate to the level of complexity of the activity in order to protect, warn, and guide the public (vehicular and pedestrian) through the work zone. The manner and use of these devices shall be described within a traffic-control plan in accordance with the Manual on Uniform Traffic Control Devices and approved by the Traffic Engineer and submitted to the Conduit System Manager for review prior to commencing construction.
b. Lessee shall implement each traffic-control plan and agrees to be in compliance at all times with all applicable city, state, and federal requirements and maintain all devices in good repair. Lessees with open excavations awaiting final restoration shall maintain all devices until repair is complete or until the Public Works Department notifies the Lessee in writing that the City or the City's designated contractor is assuming responsibility for traffic control for the paving cut restoration.
c. Lessee shall designate a safety officer. The safety officer shall be responsible for safety-related issues affecting both the public and the Lessee’s field employees and contractors for all job sites within the ROW.
vi. Safety. Lessee agrees to perform all work in strict accordance with all applicable federal, state,
local rules and laws regarding safety and environmental issues, including those set forth by OSHA and the EPA.
vi. Construction Staging. At no time shall the Lessee direct, nor shall a contractor or
subcontractor working on behalf of the Lessee be directed to stage on any traveling surface within the Lincoln Technology Improvement District unless specifically approved in writing by the Conduit System Manager.
vii. Timeline. Lessee agrees to perform all construction and attempt with all reasonable effort to
complete projects in a timely manner.
Exhibit B
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56t
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40t
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27t
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S 7
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S 1
4th
S 1
20th
McKelvie Rd
Holdrege St
O St
Pine Lake Rd
Pioneers Blvd
Adams St
Havelock Av
Fletcher Av
Alvo Rd
Old Cheney Rd
Van Dorn St
A St
Yankee Hill Rd
Rokeby Rd
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112T
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SALTILLO
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98T
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58T
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26TH
29T
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CALVERT
25T
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38T
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68T
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46T
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102N
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Y C
REE
K
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WO
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BIN
E
YUMA
PARKVIEW
ELK
PIKE
MAR
IE
RAVE
N R
IDG
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GR
AM
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CY
TARA HILL
YUKON
RIDGE HOLLOW
MC
KIN
TY
MARKET
ROLF
CHANDLER
BOBC
AT
MEDICINE HAT
KLECKNER
THIS
TLE
O'SULLIVAN
SUNSET RIDGE
BLUE SKY
SHADOWBROOK
BIR
CH
WO
OD
ERICA
SADDLEHORN
FOXG
LOVE
YELLOW KNIFE
118T
H
GLENVIEW
HANNEMAN
CH
ER
RY
HIL
L
VALLEY STREAM
KN
IGH
TS
SOUTHERN LIGHT
ROYAL
WILDERNESS HILLS
ANDE
RSON
FLAGSTONE
COPPER RIDGE
WE
ST
BR
OO
K
PRAIRIE VILLAGE
CARMEN
COLD SPRING
ANGELINE
119T
H
TIMBER LAKE
CO
YO
TE
MIKE SCHOLL
THORNVIEW
DE
RB
Y
DEER CREEK
SOUTHVIEW
MINUTEMAN
KIMARRA
AUGUSTA
BELFORD
LE G
RO
S
FOR
ES
TVIE
W
ELLIE
HAWKFLY
MICRON
LEXINGTON
WHITE FISH
MEURSAULT
GRAND LAKE
THOMASVILLE
WAGON
RALLIS
GOURLEY
HEREL
HAW
TH
OR
NE
SOUTHFORK
FACE
RIDGEGATE
KENNELLEY
DOUGLAS
POIN
TE
AGATHA
LON
E T
REE
TOPA
Z
MAN
ES
CREEKSIDE
CR
OS
SLAK
E
BLUE HERON
WAR
WIC
K
WENDOVER
CAPE CHARLES
MIDDLETON
SIMI
SANTEE
SHOOTING STAR
NORTHERN LIGHTS
WHIT
ETAI
L
MARLYN
WE
AVE
R
31S
T S
TR
EE
T
ST
RA
US
S
HAWKINS
BIZPARK
JOR
DA
N
HO
LLY
WO
OD
WO
LFF
BEAV
ER H
OLL
OW
BUFFALO CREEK
TEMPE
REDBUD
MAR
LBO
RO
UG
H
BU
FFA
LO
PLANTATION
NEUMANN
BELL
HAV
EN
COURT JES
SIE
FOURTH
CR
OS
SIN
GS
JACQUELYN
ONYX
NAPA RIDGE
TRALEE
KARWAT
65T
H S
TR
EE
T
OF
FIC
E P
AR
K
MANDALAY
FONTAINE
LAMMLE
PINEHILL
OLD DAIRY
HILLS DALE
52N
D S
TR
EE
T
BUSHCLOVER
MIN
DORO
KE
ITH
TWIN
OA
KS
SCHOOL HOUSE
MONTINI
BESSIE
CH
AU
TAU
QU
A
RAINY RIVER
HALF M
OO
N
ANAH
EIM
PONCA
KINGSWAY
BOLTON
SANDSTONE
CLO
UD
BU
RST
DEWITT
SEA
MO
UN
TAIN
PALMETTO
CAVALRY
CHANDON
WELLS
ROME
CHILENO
CITY VIEW
GOODWIN
CAR
DIN
AL CO
VE
57TH STR
EET
LON
GV
IEW
VINE CLIFF
PARKRIDGE
NEWPORT
SET ASIDE
NODDLE
ASHLEY
BRO
OK
HAV
EN
122N
D
MAPLEWOOD
JAN
ICE
MEADOW
SUNNY HILL
FIREPLACE
FOXE
N
LAM
PLI
GH
TER
LAR
KS
PU
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GREENLIEF
MAPLE VIEW
PARK PLACE
CLA
RK
LANDSBERRY
8TH
STR
EET
SANTA ROSA
ALANA
ROUND HILL
ARROW
WO
OD
SPRING MEADOW
BEAR CREEK
OLD POST
DO
NA
LD
BLUEBERRY
WIND RIVER
AGATE
LYNNRIDGE
TALI
ESIN
FREDERICK
ALLENDALE
QU
AR
TE
R H
OR
SE
BOWMAN
CRESTRIDGE
TIMBERLINE
REGINA
CAY
MU
S
SH
OR
T
OLYMPIC
SOU
TH H
AVEN
ANTLER
PONDEROSA
RIC
HA
RD
SECRETARIAT
NORMANDY
RUBY
SA
NTA
MO
NIC
A
MILLSTONE
PAUL WHITEHEAD
KING
FAIR
WO
OD
SILVER RIDGE
YELLOW PINE
DORIS BAIR
HORIZON
MIL
KW
EE
D
GR
AN
ITE
RID
GE
SP
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LAS
S
VIB
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NU
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MCLAUGHLIN
QU
INC
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MISSION
NORTHLINE
RUTHERFORD
CORPORATE
SPLITRAIL
CO
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LEE
GLE
NE
AG
LE
GARDEN VALLEY
BLAINE
DIS
BR
OW
WILD
ERN
ESS W
OO
DS
KARA
BISHOP
PIER 3
CED
AR C
REE
K
GLENWOOD
SAVANNAH
CLEAR SKY
BERLENE
SUN DOWN
TEM
PEST
RID
GE PO
INT
PARKSIDE
CA
ND
LEW
OO
D
MERRYVALE
BLACKWOOD
BLUEGILL
CORRAL
RICHLAND
SCHWORER
SUMAC
EDISON
RAVENWOOD
STERLING
BROOKVIEW
BERRYWOOD
WATERFORD ESTATES
BINGHAM
51ST S
TR
EE
T
MAGNUM
IMPERIAL
TROPHY
SALT
GR
ASS
LINDSEY
CHAMPION
DAVENPORT
GERANIUM
SUNBEAM
BE
NN
ING
TON
CACTUS
DOBBINS
HIDDEN PINES
GLENDALE
CH
AM
PLA
IN
WOODLAND
MARION
CLOVER
GR
OU
SE
4TH
ST
RE
ET
HALLSHIRE
INFINITY
BA
RR
ING
TON
PA
RK
RID
GEH
AVEN
MARY LOUISE
WILDFLOWER
DENNIS
LATHAM
ENGLISH
HUDSON
86T
H S
TR
EE
T
WILDW
OOD
ZACHARY
WESTWARD
59T
H S
TR
EE
T
EASTPARK
MIR
WY
N
CH
AD
D
TENNYSON
CO
NS
TAB
LE
GR
IFF
ITH
CO
NIF
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MORTENSEN
NORTHFORK
VAVAK
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RT
NORTHRIDGE
BE
NJA
MIN
SHEFFIELD
BR
AD
OC
K
SAN AGUSTIN
DELPHINIUM
BO
XW
OO
D
SALIDA
CRYSTAL
WATERVIEW
CAMPFI
RE
DO
VER
TURNBERRY
EASTGATE
DIAMOND
CHRISTINA
KIN
GSW
OO
D
APPLE HILL
HANOVER
EASTON
99TH
FLE
MIN
G
BED
LOE
LINE DRIVE
FLINTLOCK
GORDON
SPEIDEL
SO
UTH
HO
PE
CEDARWOOD
BILLY
SCHWEITZER
GRANADA
WH
ITE
CA
P
VANDERVOORT
WREN
LAURA LYNN
MA
RK
HO
RN
MONARCH
ST
EW
AR
T
CENTRAL PARK
CLAYTON
IRON GATE
CO
UN
TR
Y C
LUB
STONY RIDGE
PINE CREEK
TUSCON
POND
BECKYS
FAR SIDE
SARDIUS
FAIRACRE
YOR
KSHIR
E
BR
OA
DM
OO
RE
RAINBOW
HA
RTM
AN
MCGEE
JOEHANK
BARRINGTON
SOUTHPARK
THUNDERBIRD
ALLISON
BEAT
RICE
FER
NH
ILL
MALCOLM
LAN
CELO
T
BAXT
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BLAC
KPO
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CAM
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HOMELAND
MEEKER
ANDRE
WATERFORD
CHRISTOPHER
WITHAM
WOOD RIDGE
HOLLTORF
HANNA POINTE
HALSEY
LEES
BUR
G
H.J
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ROGERS
HORSESHOE
BARTHOLOMEW
DEERFIELD
EGAN
CHISWICK
DRAWBRIDGE
JACARANDA
SUMMERSET
GETTYSBURG
CHANTICLEER
BOX CANYON
LAYT
ON
JOH
N
CA
RR
IAG
E
BRADLEY
DARCIE
DA
RK
WO
OD
CA
MB
RID
GE
PALACE
GO
TT
LYNCHBURG
LANCASHIRE
COUNTY DOWN
HARMONY
MA
GN
OLIA
CROSSBRIDGE
ODESSA
SERRA
CYPRESS
WO
OD
LEIG
H
68T
H S
TR
EE
T
LAW
NS
DAL
E
HUMANN
GREENSPIRE
BED
FOR
D
RAVEN OAKS
LEO
NAR
D
WHEATLAND
DU
NE
S
38TH
ST
RE
ET
CH
AR
IOT
SH
AU
NT
E
CALIFORNIA
PLUMWOOD
BOD
IE
FAW
N
POW
WO
W
GRASSLAND
ROCK CLIFF
FOSSIL CREEK
JOY
SHADOW PINES
CHAUCER
MORNING GLORY
ARROW RIDGE
JACK PINE
RO
UN
DH
OU
SE
CAROL
JULESBURG
YOR
KTOW
N
GUEN
EVER
E
DE
NB
Y
SOUTHRIDGE
RE
D T
AIL
BRENTWOOD
JAMESTOWN
SU
GA
RB
ER
RY
COVENTRY
NORTHVILLE
CHATEAU
WIDGEON
83R
D S
TR
EE
T
APPLEWOOD
WILLOWBROOK
BOOTH
GREYHAWK
TIHEN
BRUNSWICK
SPUR
BUSH
KEHN
NORTHLUND
53R
D S
TR
EE
T
CRYSTAL WATER
SAINT CLEMENT
TEAL
AZALEA
WEEPING WILLOW
LONGS PEAK
EDWARD
DESERT
CR
ES
TV
IEW
CHAPIN
HARBOUR
LAVENDER
BILMAR
MAZE
ALL
ES
CARVER
BERKSHIRE
POPP
Y
SAINT GREGORY
IRISH POINTE
CAMELOT
ST
RA
FFA
N
MATHEW
MARCEL
COLE
ROSELYN
BR
ISTO
L
DAYSTAR
RIPLEY
BIG HORN
DARGENT
SONGBIRD
COMOY
TIM
BE
RVI
EW
WOODTHRUSH
82ND
STREE
T
AZTEC
20T
H S
TR
EE
T
39T
H S
TR
EE
T
DENVER
HAMANN MEADOWS
SATI
NW
OO
D
BR
IAR
PAT
CH
JASM
INE
CH
RIS
TE
NS
EN
FOR
DS
FO
RE
ST
GREAT FALLS
WESTMINSTER
PORTER
FARMSTEAD
SAINT MATTHEW
AVALON
XAVIER
SWITCHGRASS
BRITTANY
RANCHVIEW
WALNUT
ICKES
HEDGE APPLE
RANGER
SHANE
45T
H S
TR
EE
T
SALISBURY
HELEN
GLYNN
ROCKLAND
NOTTINGHAM
PETERSBURG
TONY
MICHELLE
SO
NO
RA
MAR
INA
BAY
MISTY BLUE
ASCOT
POM
ODO
RO
BRENNEN VIEW
WATER
FRO
NT
PINE RIDGE
13T
H S
TR
EE
T
CARDINAL
CARRIAGE HILL
FLAT IRON
CO
TTO
NTA
IL
JERSEY
DA
PH
NE
LEA RAE
WINNERS
DARLINGTON
PEGG
Y
SCARBOROUGH
DURHAM
OLIVER
GARY GATELY
ROBBERS CAVE
BLUEBELL
LAUREN MARIE
PEGRAM
KNOLL VIEW
CARNOUSTIE
HOLLAND
RAVEN
BECKMAN
LID
CO
GAMUT
DOLORES
BRAUMFIELD
BLACKBERRY
YELLOWSTONE
PICCADILLY
ALLEGRINI
CHESTERFIELD
HASWELL
BIG TREE
CA
MD
EN
MIM
OS
A
MANASSAS
ORLEANS
LOC
KW
OO
D
SWARTS
ELDORADO
ROSE HILL VINTAGE HEIGHTS
MER
RITT
MESCAL WIS
TERIA
SM
OK
E T
RE
E
CHESAPEAKE
49T
H
AYLESWORTH
85T
H
42N
D
SOUTH
E
CENTER
SUMNER
35T
H
21S
T
19T
H
50T
H
BANCROFT
ROSE
LAREDO
ACC
ESS R
OA
D
SPRUCE
WASHINGTON
17T
H
48T
H
43R
D
42N
D
57T
H
15T
H
WASHINGTON
DAKOTA
CROMW
ELL
34T
H
24T
H
COLFAX
KEATING
MARY
17T
H
SUNRIDGE
P
43R
D
98T
H
8TH
BRADOCK
ACCES
S ROAD
FLETCHER
BROWNING
IRVING
WALKER
46T
H
BINGHAM
59T
H
19T
H
19T
H
18TH
39T
H
48T
H
22ND
66T
H
MULBERRY
45T
H
28T
H
47T
H
45T
H
86T
H
16T
H18
TH
Q
32N
D
KEARNEY
12T
H
47T
H
N
1ST
M
60T
H
X
26T
H
ROSE
22N
D
VAN DORN
51S
T
ELBA
14T
H
30T
H
CUSTER
C
IRVING
F
RANDOLPH
T
49T
H
16T
H
ALVO
73R
D
82N
D
37T
H
LINDEN
80T
H
66T
H
21S
T
E
JAMIE
72N
D
42N
D
LOGAN
40T
H
LEXINGTON
5TH
TANGLEWOOD
40T
H
GARLAND
OLD CHENEY
29TH
25T
H
COOPER
B
55T
H
63R
D
4TH
60TH
E
Y
36T
H
59T
H
LAKE
53RD
12TH
R
35T
H
40T
H
90T
H
CHARLESTON
52N
D
24TH
B
30T
H
PIONEERS
9TH
24T
H
6TH
ACC
ESS R
OA
D
SAINT PAUL
GARFIELD
VALE
Q
ORCHARD
FREMONT
S
46T
H
66T
H
SUPERIOR
30T
H
60TH
55T
H
W
60T
H
EVERETT
31S
T
37TH
2ND
58T
H
60T
H
23R
D
WEBSTER
86T
H
82ND
38T
H
HAVELOCK
36T
H
GREENWOOD
WH
ITE
WA
TER
OTOE
4TH
JULESBURG
34T
H
WOODSDALE
SEWARD
19T
H
9TH
10T
H
GARLAND
TIERRA
4TH
CAMPBELL
79T
H
28T
H
53R
D
21S
T
GARFIELD
96TH
SM
ITH
50T
H
YANKEE HILL
EUCLID
Q
67T
H
GARFIELD
5TH
6TH
MARTIN
29TH
27T
H
36T
H
RED OAK
COOPER
ARLINGTON
73R
D
R
22N
D
33R
D
YANKEE HILL
39T
H
39T
H
PAWNEE
DAWES
W
CROOKED CREEK
LEIGHTON
40T
H
78T
H
FRANKLIN
X
97T
H
47T
H
GARBER
42N
D
DEERWOOD
10T
H
82ND
B
LAKE
23R
D
44TH
FRANKLIN
HIGH
COOPER
1ST
PEACH
13T
H
35T
H
41S
T
BALLARD
UNNAMED STREET
WILKINS
CA
PIT
OL
F
69T
H
80T
H
HUMPH
REY
33R
D
52N
D
64T
H
G
30T
H
20T
H
50T
H
GARFIELD
59T
H
52N
D
97TH
GARFIELD
43R
D
DOUGLAS
60T
H
42N
D
GR
IFF
ITH
13T
H
18T
H
R
STOCKWELL
KNOX
82N
D
ACCESS ROAD
41S
T
31S
T
53R
D
54T
HRYONS
77TH
57T
H
KEARNEY
ASHLEY
35TH
52N
D
55T
H
17T
H
PEACH
57T
H
61S
T
32N
D
S
LEXINGTON
43R
D
65T
H
47TH
89TH
7TH
78T
H
50T
H
34T
H
44TH
SHERMAN
21S
T
CALVERT
20T
H
95T
H
NEMAHA
23R
D
19T
H
26T
H
PRESCOTT
9TH
A
49T
H
KEARNEY
27T
H
DUDLEY
MYRTLE
SUMNER
OLD GLORY
2ND
MANATT
DEER CREEK
38T
H
HIGH
COOPER
MADISON
5TH
60T
H
51S
T
19T
H
WEBSTER
WASHINGTON
41S
T
PEACH
IRVING
49T
H
45T
H
54T
H
22N
D
34TH
83R
D
41S
T
DAWES
25T
H
S
WILSHIRE
SAINT PAUL
15T
H
CO
TN
ER
BALLARD
30T
H
WOODSDALE
67T
H
LUKE
STARR
42N
D
18T
H
CANYON
REBEL
STANTON
49T
H
86T
H
KEATING
53R
D
23R
D
58T
H
44T
H
32N
D
FRANKLIN
58TH
HIGH
39T
H
98T
H
34T
H
WREN
LEIGHTON
28T
H
GARFIELD
75T
H
63R
D
37T
H
BELMONT
BROWNING
S
4TH
SPRUCE
ADAMS
WILDERNESS HILLS
D
9TH
UP
TON
GR
EY
R
17T
H
40T
H
41S
T
9TH
81S
T
73R
D
25T
H
C
61S
T
66T
H
41S
T
7TH
STOCKWELL
SUMMIT
13T
H
3RD
2ND
1ST
M
BOSTON
49T
H
LAKE
61S
T
GLADSTONE
KATELYN
33R
D
MORTON
72N
D
DUDLEY
MULBERRY
FREDERICK
SAINT PAUL
26T
H
51S
T
Y
COTNER
RYONS
52N
D
MARLYN
ACCESS ROAD
SUPERIOR
WOODSDALE
30T
H
GA
RFI
ELD
HARTLEY
64TH
65T
H
1ST
22N
D
L
E
BENTON
63R
D
FAIR
FIE
LD
19T
H
5TH
2ND
GARFIELD
EASTRIDGE
8TH
81S
T
14T
H
38TH
35T
H
HUNTINGTON
42N
D
FAIRFIELD
13T
H
CLEVELAND
36T
H
H
83R
D
DEL R
IO
9TH
SAUNDERS
SUMNER
64T
H
79T
H
CLAIRE
STON
EBR
OO
K
23R
D
61S
T
ACCESS ROAD
ACCESS ROAD
CH
ES
TE
R
LUKE
19T
H
65T
H
12T
H
88T
H
BUTLER
W
31S
T
19T
H
SAINT PAUL
P
PEACH
G
25T
H
COLBY
7TH
62N
D
LOC
US
T
18T
H
SCOTCH PINE
50T
H
Q
75T
H
49T
H
9TH
51S
T
50T
H
3RD
19TH
54T
H
33R
D
VAVRINA
CLAREMONT
PLATTE
OTOE
N
43R
D
SKYLARK
44T
H
41ST
61S
T
36T
H
53R
D
58T
H
32N
D
14TH
45T
H
HUNTINGTON
13TH
KNOX
Q
52N
D
RE
NT
FRO
PEACH
12T
H
INDEPENDENCE
NELSON
D
GRAND OAKS
35T
H
55T
H
53R
D
37T
H
17T
H
65T
H
19T
H
53R
D
49T
H
52ND
88T
H
31S
T S
TR
EE
T
F
31S
T
BANCROFT
35T
H
NORMAN
CLEVELAND
DOUGLAS
PARK
DILIN
CO
TNER
37T
H
20T
H
44T
H
91S
T
7TH
ATLAS
28T
H
52N
D
SUGAR CREEK
9TH
C
51S
T
73R
D
52N
D
COLBY
LEXINGTON
R
26T
H
76T
H
36T
H
OTOE
44T
H
12TH
21S
T
GARFIELD
92N
D
ROSE
ALVO
44T
H
LIN
CO
LN
43R
D
20T
H
AR
BO
R
16T
H
47T
H
59T
H
GARFIELD
36T
H
44T
H
J
16T
H
26T
H
51S
T
STANTON
39TH
6TH
JACQUELYN
28T
H
67T
H
81S
T
OTOE
49T
H
MORTON
EVERETT
73R
D
83RD
15T
H
SUPERIOR
35T
H
WO
RTH
ING
TON
7TH
58T
H
CAPE CHARLES
26T
H
52N
D
PROSPECTOR
BENTON
12T
H
BUTLER
32N
D
21S
T
L
ACCESS ROAD
29TH
ROSE
27T
H
19T
H
7TH
2ND
75T
H
36T
H
SH
AD
OW
PIN
ES
4TH
30T
H
WASHINGTON
WOODLAND
34T
H
13T
H
67T
H
42N
D
1ST
WILKINS
RED OAK
35T
H
66T
H
E
41S
T
29T
H
10TH
RE
DW
OO
D
12T
H
ACCES
S R
OAD
13T
H
MORTON
NANCE
PATTERSON
KIPLING
36T
H
35T
H
54T
H
50T
H
34TH
93R
D
7TH
26T
H
90T
H
77TH
NORTH PARK
5TH
N
34T
H
6TH
2ND
BENTON
CUMING
38T
H
ROKEBY
VINE
WASHINGTON
SUMNER
35T
H
8TH
X
55T
H
62N
D
20T
H
50T
H
9TH
ARLINGTON
63R
D
HIG
H R
IDG
E
S
25T
H
K
X
LARKWOOD
80T
H
4TH
PLUM
30T
H
LYNN
45T
H
49T
HSUMNER
15T
H
81S
T
58T
H
54T
H
60T
H
47T
H
ACC
ESS R
OA
D
NORTH GATE
46T
H
21S
T
57T
H
94T
H
29T
H
PAWNEE
81S
T
38TH
53R
D
25TH
57T
H
42N
D
ACCESS ROAD
80T
H
17TH
85T
H
86T
H
72N
D
DUDLEY
60T
H
NELSON
28T
H
BALDWIN
58T
H
M
16T
H
19T
H
71ST
23R
D
25T
H
CALVERT
25T
H
OAK
G
25T
H
S
39T
H
STOCKWELL
INFINITY
59T
H
77T
H
11T
H
34TH
60T
H
64T
H
31S
T
11T
H
61ST
ACCESS ROAD
1ST
46T
H
BALDWIN
ACCESS ROAD
30T
H
49T
H
SEWARD
25T
H
11T
H
46T
H
GLADE
39T
H
25T
H
41S
T
61S
T
63RD
25T
H
56T
H
S
WALKER
60T
H
8TH
L
PEACH
43R
D
26T
H
ACCESS ROAD
WHEATRIDGE
53R
D
GARFIELD
GLADSTONE
28T
H
7TH
31S
T
1ST
9TH
BELMONT
24T
H
SUMNER
FLETCHER
P
HARTLEY
CALVERT
17T
H
SAUNDERS10
TH
LOWELL
FOLS
OM
39T
H
51S
T
25TH
ADAMS
61S
T
S28
TH
HILL
LAKESHORE
23R
D
O'MALLEY
75T
H
83R
D
81S
T
54T
H
52N
D
49T
H
LAKE
72N
D
Q
37T
H
STARR
WILLOW
8TH
ELBA
19T
H
28TH
P
39T
H
2ND
78T
H
AVON
69T
H
S
72ND
T
62N
D
38T
H
15T
H
T
18T
H
20T
H
67T
H
30TH
P
34T
H
14T
H
31S
T
8TH
90TH
80TH
42N
D
40T
H
37T
H
18T
H
51S
T
22ND
6TH
15T
H
52N
D
29T
H
44TH
GARRET
27T
H
42N
D
49T
H
HILL
ATLA
S
DOUGLAS
35T
H
68TH
88T
H
IRVING
F
14T
H
45TH
ARLINGTON
73RD
80T
H
KNOX
78T
H
JUDSON
56T
H
DUDLEY
15T
H
16T
H
71S
T
PAWNEE
120T
H
46T
H
LENOX
68T
H
FAESY
48T
H
SUMNER
LAKE
54TH
10T
H
37T
H
1ST
NEWTON
WILKINS
85T
H
18TH
HEREL
35T
H
14T
H
O'HANLON
52N
D
Y
DAKOTA
JENNIFER
C
FRANKLIN
NAVAJO
60T
H
39T
H
ACCESS ROAD
24T
H
22N
D
9TH
23R
D
CLEVELAND
SEWELL
94TH
G
67TH
2ND
M
LOWELL
65T
H
U
EUCLID
86T
H
WILKINS
H
68T
H
44TH
40T
H
45T
H
BUTLER
CENTER
25T
H
YANKEE HILL
47T
H
PLUM
20T
H
MARLYN
47T
H
1ST
RIDGELINE
HARVEST
PEACH
74T
H
21S
T
F
60T
H
96T
H
AC
CE
SS
RO
AD
76T
H
O'HANLON
19T
H
HIGH
SC
OTT
CLEVELAND
MOHAWK
28T
H
41S
T
78T
H
32N
D
28T
H
26T
H
CU
THIL
LS
B
ROOSE
51S
T
25T
H
15T
H
B
ADAMS
45T
H
12T
H
F
60T
H
37T
H
67T
H
50T
H
52ND
WASHINGTON
30TH
FLETCHER
FURNAS
VALE
75T
H
LINDEN
14T
H
80T
H
COLBY
AMM
ON
VILLAGE
30T
H
18T
H
9TH
15T
H
SEWARD
37T
H
23R
D
LEXINGTON
MAN
OR
SUMNER
64T
H
93R
D
50T
H
HIGH
21S
T
ACCESS ROAD
34T
H
75T
H
12T
H
K
13T
H
PLUM
MAPLEWOOD
AC
CE
SS
RO
AD
95T
H
91S
T
58TH14
TH
16T
H
68T
H
51S
T
BENTON
HILLSIDE
L
9TH
86T
H
77TH
63R
D
27T
H
53R
D
HARTLEY
83R
D
HAVELOCK
GREENSPIRE
VIL
LAG
E
34T
H
SMITH
8TH
80T
H
69T
H
46T
H
C
PINE
LAK
E
PARK
N
NEWTON
15T
H
5TH
94TH
F
KIPLING
ACCESS ROAD
HIGH
SHERMAN
6TH
23R
D
P
5TH
33R
D
17T
H
4TH
79T
H
ACCESS ROAD
L
BURNHAM
18TH
LUKE
58TH
88T
H
CO
AC
HM
AN
S
ACCESS ROAD
47T
H
57T
H
SHERMAN
20T
H
11T
H
HAPPY HOLLOW
22N
D
10T
H
10TH
10T
H
37TH
78TH
PRESCOTT
KING
S
H
HO
MESTEA
D
47T
H
29T
H
FURNAS
55T
H
4TH
60T
H
31S
T
34T
H
COLBY
15T
H
SEWELL
SAYLOR
31S
T
COURT
2ND
X
58T
H
30T
H
GLADSTONE
25T
H
34T
H
39T
H
88T
H
53R
D
9TH
61S
T
KESSLER
CAMPBELL
43R
D
ACCESS ROAD
19T
H
3RD
ACCESS ROAD
22N
D
69T
H
LUKE
59T
H
BRO
OK
SIDE
82N
D
WALKER
42N
D
SALT C
REEK
17T
H
58T
H
PAWNEE
82N
D
31S
T
L
49T
H
PEACH
WAGON
57T
H
18T
H
WASHINGTON
HILLSIDE
LENOX
H
BELMONT
45T
H
37TH
JEAN
37T
H
82N
D
54T
H
NORMAN
PAWNEE
ACCESS ROAD
40T
H
BENTON
10T
H
19T
H
26TH
13T
H
Q
17TH
67T
H
18T
H
81ST
SPRUCE
B
2ND
ORCHARD
35TH
47T
H
17T
H
49T
H
74TH
SURFSIDE
AC
CE
SS
RO
AD
38T
H
PROSPECT
57T
H
41S
T
16T
H
46T
H
67T
H
PRESCOTT
45T
H
3RD
38T
H
GODFREY
75T
H
51S
T
58TH
12T
H
51S
T
THATCHER
CUSTER
DO
NA
LD
38T
H
74T
H
ACCESS ROAD
BURLINGTON
SEWARD
ACC
ESS R
OA
D
36T
H
19T
H
LOCUST
PR
AIR
IE
32N
D
CUMING 6TH
47T
H
15T
H
57TH
83R
D
JEFFERSON
26TH
118T
H
91S
T
CALVERT
76T
H
76TH
7TH
3RD
FRANKLIN
49T
H
23RD
24T
H
19T
H
HO
MESTEA
D
57T
H
25T
H
15T
H
86TH
7TH
34T
H
HIGH
76T
H
2ND
TAYLOR PARK
35T
H
N
ORCHARD
90T
H
40T
H
BANCROFT
24T
H
12T
H
91S
T
W
10T
H
43R
D
LEIGHTON
19T
H
GARFIELD
KEARNEY
10TH
33R
D
1ST
ROOSE
31S
T
26T
H
MADISON
33R
D
HIGH
ACCESS ROAD
PLUM
57T
H57
TH
32N
D
36T
H
39T
H
KNOX
PAWNEE
13T
H
J
66T
H
16T
H
18T
H
77T
H
55T
H
52N
D
39T
H
72N
D
30T
H
ROKEBY
COLFAX
HUNTINGTON
35T
H
18T
H
12T
H
78T
H
11TH
PLUM
PENNSYLVANIA
17T
H
W
ELK RIDGE
66T
H
TWIN
RID
GE
LILLIBRIDGE
AVON
8TH
E
STOCKWELL
POTOMAC
JUDSON
2ND
ACCESS ROAD
47T
H
10T
H
57TH
JEFF
ER
SON
E
GLYNOAKS
16TH
62ND
62ND
GARY
WINFIELD
67T
H
COLFAX
STARR
HIGH
3RD
KARL
CO
TTO
NW
OO
D
ACCESS ROAD
7TH
68T
H
SUMNER
E
96T
H
A
EVERETT
6TH
LEIGHTON
13T
H
WILLIAMSBURG
HARVEST
BUTLER
LILLIBRIDGE
23R
D
L
VAN DORN
86TH
C
71S
T
16T
H
26T
H
57T
H
KEARNEY
72ND
7TH
38TH
DAKOTA
96TH
74T
H
80T
H
91S
T
SM
ITH
FRANCIS
79T
H
87T
H
22N
D
50T
H
WO
RT
HIN
GTO
N
PLUM
3RD
36T
H
87TH
35TH
68TH
8TH
LEW
IS
MARCIA
58T
H
FOXTAIL
HIGH RIDGE
PIONEERS
28T
H
61S
T
PEACH
MOHAVE
33R
D
58T
H
81S
T
35T
H
44T
H
K
53R
D
61S
T
74T
H
15T
H
15T
H
32N
D
DE
L R
IO
GARFIELD
22ND
ROOSE
ACCESS ROAD
FURNAS
HILLSIDE
58T
H
WALKER
3RD
14T
H
32N
D
54T
H
AYLESWORTH
20T
H
BENTON
53R
D
38T
H
19T
H
PEACH
52ND
8TH
TALLGRASS
MELROSE
20T
H19TH
Y
U
62N
D
CO
LON
IAL
T
GLADSTONE
4TH
68TH
58T
H
41S
T
44T
H
14T
H
COLFAX
FOX
GLO
VE
MADISON
18T
H
KEARNEY
AC
CE
SS
RO
AD
OTOE
63R
D
COOPER
30T
H
VALE
3RD
HARWOOD
SOUTH
40T
H
SHERMAN
AC
CE
SS
RO
AD
13T
H
16T
H
53R
D
39T
H
SEWELL
HARWOOD
85TH
21S
T
SU
MN
ER
SAUNDERS
120T
H
E
60TH
GARY
20T
H
41S
T
59T
H
59TH
STR
EET
POTTER
KINGSWOOD
72N
D
BENTON
82N
D
HILLSIDE
BENTON
NO
RT
HW
OO
DS
HOLDREGE
34TH
30T
H
HARWOOD
COOPER72
ND
SUMNER
J
FAIRFAX
M
FAIRFAX
LEXINGTON
SHELLEY
SHERMAN
LA PLATA
ELBA
MCKELVIE
32N
D
F
56T
H
26T
H
54TH
BURGESS
BELMONT
STOCKWELL
42N
D
AYLESWORTH
STOCKWELL
15T
H
29T
H
62N
D
38T
H
ROSE
22N
D
64T
H
LILLIBRIDGE
12T
H
46TH
45T
H
29TH
FLETCHER
43R
D
RIDGE LINE
19T
H
D
32N
D
17T
H
GARFIELD
CO
DD
ING
TON
57T
H
VALE
INDIG
O
BRIDLE
39TH
90TH
27T
H
52N
D
7TH
FRANCIS
79TH
74TH
ACCESS ROAD
44T
H
40T
H
PINE RIDGE
12T
H
4TH
KNOX
34T
H
WASHINGTON
38T
H
JUDSON
16T
H
EASTVIEW
28T
H
HARTLEY
KENT
2ND
A
DODGE
PARK
46TH
NEWTON
ACCESS ROAD
28T
H
WOODSVIEW
11T
H
57T
H
ACC
ESS
RO
AD
53R
D
WOODS
6TH
16T
H
68T
H
ELBA
OTOE
49T
H
HOLDREGE
58T
H
29T
H
LYN
N
6TH
46T
H
PENROSE
7TH
30TH
ACCESS ROAD
C
ROSE
HARTLEY
BRIA
R R
OSA
R
33R
D
24T
H
13T
H
20TH
C
23R
D
7TH
P
38T
H
GARLAND
2ND
24T
H
LOW
ELL
19TH
20T
H
JEAN
39T
H
34T
H
SEWELL
ACCESS ROAD
38T
H
9TH
120T
H
60T
H
HUNTINGTON
SYCAMORE
44T
H
22N
D P
W
74T
H
16T
H
LEIGHTON
50T
H
ACC
ESS R
OA
D
31S
T
KNOX
DOUGLAS
ACCESS ROAD
Q
31S
T
SH
EN
AN
DO
AH
61S
T
ARAPAHOE
LOWELL
39T
H
41S
T
49T
H
2ND
49T
H
28T
H
MADISON
28T
H
6TH
38T
H
17T
H
18T
H
58TH
CA
PIT
OL
BENTON
17T
H
AC
CE
SS
RO
AD
SOUTHFORK
11TH
34TH
25T
H
51S
T
96T
H
W
S
7TH
GARY
LOWELL
40T
H
NANCE
29T
H
ACCESS ROAD
FAIRFIELD
58T
H
42N
D
73R
D
COLBY
82N
D
M
DODGE6T
H
15T
H
MCKELVIE
34TH
12T
H
45T
H
N
14T
H
71S
T
20T
H
FRANCIS
7TH
79T
H
37TH
OAK
54T
H
ACCESS ROAD
N
43R
D
12T
H
N
20T
H
WIN
TH
RO
P
STARR
81S
T
47T
H
20T
H
91S
T
JUDSON
31S
T
BENTON
65T
H
30T
H
56T
H
58T
H
SUMNER
M
PINE LAKE
21S
TORCHARD
32N
D
24T
H
Y28T
H
84T
H
11T
H
Q
39T
H
63R
D20T
H
SUPERIOR
52N
D
56T
H
81S
T
33R
D
22N
D
20T
H
JAMIE
MADISON
44T
H
38T
H
56T
H
17T
H
38T
H
47T
H
69T
H
HIGH RIDGE
37T
H
30T
H
JACS
31S
T
36T
H
LEXINGTON
STOCKWELL
JOYCE
DAWES
KNOX
45T
H
98T
H
25T
H
SAUNDERS
FRANCIS
Y
11TH
FAIR
WASHINGTON
GARBER
59T
H
32N
D
4TH
LA SALLE
M
76T
H
1ST
37TH
112T
H
LA SALLE
28TH
31S
T
38T
H
PRESCOTT
ADAMS
7TH
18T
H
93R
D
71S
T
SMITH
57T
H
92N
D
51S
T
14T
H
23R
D
51S
T
MEREDETH
SEWARD
45T
H
ORWELL
5TH
38T
H
OTOE
STARR
U
38T
H
77T
H
36T
H
49T
H
38T
H
6TH
78T
H
CALVERT
APPLE
39T
H
71S
T
LAKE
7TH
53R
D
CROOKED CREEK
32N
D
E
49T
H
83R
D
50T
H
SUPERIOR
37T
H
KESSLER
6TH
VAN DORN
MOHAVE
78TH
1ST
DUXHALL
OTOE
47T
H
38T
H
49T
H
PIONEERS
9TH
AC
CE
SS
RO
AD
88T
H
54T
H
E
MULBERRY
12T
H
C
52N
D
42N
D
8TH
30T
H
6TH
55T
H
79T
H
54TH
RID
GE
28T
H
75T
H
INDIGO
Public Works & Utilities
Conduit Location - 260 Miles
CONDUIT LOCATION - 260 MilesCONDUIT LOCATION - 260 Miles
CITY LIMITS
22
Exhibit C
Lincoln Technology Improvement District (“LTID”) Defined
The LTID, as defined in the City of Lincoln is described as being all public Right of Ways located in the boundaries of the City.
The City of Lincoln reserves at its sole discretion, the right to expand the boundaries of the LTID in the future. The City of Lincoln also reserves the right to designate any component of the conduit listed on the map as City only use. If and when any such component is designated as City only, the City shall work with providers to provide alternate routes.
