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HomeMy WebLinkAbout2005-12-28 06-044 ORDERItem RAQ6 044 Date: 12-28-05 Item/Subject Order, Authorizing the City Manager W Dmcute a License Agreement With Bangor Center Management Corporation Allowing the Installation of Wireless Internet Routers on City Utility poles. Responsible Department: lagal This Order authorizes the City to execute a license agreement with BCC to allow the installation of several wireless inte uct routers on City utility/light poles for the purpose of making wireless internet (wifi) available in the downtown area. The equipment will be provided by Sephone but owned by BCC- will access will require an account with Sephone. Deperonent Head Manger's Comments: The Government Operators Committee will be reviewing this order at its meeting on December 2r and a recommendation should be available for the Council Meeting on December..2/�eJ. �p�� T� MJOQ L• City Manager Associated Information Budget Approval: Finance Director Legal Approval: Iry dmr Introduced for X passage _ First Reading page _I_ of I Referral Asaignedro C«mcil«cmeve Decevber-28, 2005' CITY OF BANGOR (TITILE.) ORDER, Authorizing the City Manager W Execute a License Agreement with Bangor Center Management Corporation Allowing the Installation of Wireless Internet Resters on City Ut lity Poles. ORDERED, THAT the City Manager is hereby auModzed to execute a Ucense Agresti with Hangar Center Management Cnmoradon M alba the Installation of wireless Internet routers (transmitters) on several IightfudlRy poles in Me downtown area for the purpose of mating wm available in the downtown area. A copy of the Ucarse Agreement Is attached hereto. The City Solidtor or Assistant City Soli shall approve Me agreemenft final form, I9 CITY COMCM December 28. 2005 notion hale a" seconded for P cadge Pue IT m X 06-066 00.U88 (ML [) Authorizing the City Mmager to Yre emen[ with Bangor Center llamgmeent Corporation Allowing the not aC a teme Routers, On City Utility Poles mgi ,W bCouy,dl�or�pnSg6-cLI`4 V„, 06 044 THIS LICENSE AGREEMENT by and between the CITY OF BANGOR, a municipal coryoration organized and existing under the laws of the State of Maine (hereinafter Nhe City's and BANGOR CENTER MANAGEMENT CORPORATION, a mon profit corporation organized and existing underthe laws ofthe State of Maine (hereinafter "Licensee"), WITNESSETH: WHEREAS, the City is the owner of three certain lighn'uniity poles Insured in or above certain downtown Bangor dgMof--ways, more specifically described in Exhibit A, attached hereto and mcoiporami oneln; WHEREAS, the Licenses has entercd into an agreement to acquire More wireless intender transmitters from Sephone Internet Solutions for Out purpose of providing wireless intima service to downtown Bangor; and WHEREAS, the City supports this effort m provide wireless informed service to downtown Bangor; NOW THEREFORE, the parties hereto hereby agree as follows 1. GRANT OF LICENSE - The City hereby grants w Licensce a license to place one wireless imamet transmitter on each IighUutility pole identified in Exhibit A for the purpose of providing wireless instruct services m the downtown Bangor arm, Licensee Wei to relocate at its cost any or all of the transmitters to alternative Iighimutty poles designated by fie City that outside similar coverage if the City, in its sole discretion, determines Mat relocation is necessary. II. TERM OF LICENSE — This License shall commence on January 1, 2006, and continue unfil terminated by either pzmy, for any reawn, by giving thirty (30) day's written notice. III. POWER SOURCE - The Licensee may access Me lighn'utildy poles' existing power anturcess for the purpose of powering Me ttansmitttts at no charge; provided, however, that Me City shall have the right to order immediate discontinuance of the use of Me prominent in Me event said transmitter are found m interfere with Me function of Me IighUutility poles. Licensee may use a DC power converter, if necessary. IV. INDEMNIFICATION —The Licensce does hereby Por himself, his successors, his guests and Invitees, fully and completely RELEASE and HOLD HARMLESS said City of Bangor, ba inhabitants, officers, servnts, agents and employees from any and all claims, demands and actions not Licensee, his monsoon, or third parties may have, on amount of loss, damage or injury, including personal injury, Net are caused by use of the poles or Weroion of the transmitters. The hold harmless prevision of this section further ncludes losses caused by loss of power,whether or not adorn int, or damage to the equipment from any cause. The indemnification provided under this paragraph shall extend to and include any and all costs matured by Me City of Bangor to answer, mvedigum, defend and settle all such claims, including but not limited 0 the City of 06 044 vinegars cost for attorney fees, expert or other winces fees, the cost of investigators, and Payment in full of any and all judgments tendered in favor of any person, including agents, servants or employers of Licensee against the City in regard to claims wising out of this License. V. CYFRER LAWS—Licences shall abide by any and all applicable local, state, and federal laws in creating any site improvement on the City's property. WITNESS the following signatures wrd seals thisday of 30 CITY OF BANGOR By: Edward A.Beftett Its: City Manager LICENSEE -BANGOR CENTER MANAGEMENT CORPORATION By Purfse Clemente Its: President