A little off topic, but while were talking about contracts, has anyone negotiated with a city to use utility poles to run fiber.
Sent from my iPhone On Mar 2, 2010, at 6:34 PM, Scott Reed <scottr...@onlyinternet.net> wrote: > See inline for some things to question > > RickG wrote: >> I dont have any issues with them protecting themselves, my issue is >> making sure I have protection. Maybe I'm making more out it than I >> shoudl? Here is the whole agreement: >> >> EASEMENT AGREEMENT >> 1. PARTIES: >> , hereinafter referred to as >> “Grantor”. >> CITY OF ANYTOWN, hereinafter referred to as “Grantee”. >> 2. AFFECTED PROPERTY: >> Grantor is currently the owner of the following described real >> property >> located in the City of Anytown, Kentucky: >> Anytown Water Tower and its Premises >> LEGAL DESCRIPTION – TBD >> Hereinafter referred to as “the Property”. >> 3. GRANT OF EASEMENT: >> For a period of five (5) years from the date of implementation, the >> Grantor >> does hereby grant unto the Grantee, a Utility Easement for the >> Anytown >> Water Tower and its premises (the Property) for the limited >> purposes directly >> associated with providing high-speed, wireless internet service to >> the >> surrounding area. >> 4. TYPE OF EASEMENT: >> The easement described above shall provide the Grantee reasonable > Define reasonable. To me it means 24x7x366. To the city it may mean > 8-5 Monday - Friday. Spell it out. >> access >> to the Anytown Water Tower and its premises (the Property) in order >> to >> install and maintain antennae, associated transceiver devices, >> required >> electrical power, and required electrical grounding. >> > This limits your gear. Get some weasel words in there, like "and > other > associated devices." >> All aspects of this easement are secondary to the primary purposes >> of the >> Property as a public water supply. All fixtures, devices, and >> activities are >> subject to the approval of the Water Department of the City of >> Anytown >> > When? How long to have to wait? Add something like "within 3 > business > days of the request." Do not allow them to use weasel words like > "within a reasonable time." >> and any existing or future requirements of the Kentucky Department of >> Water and/or superseding authorities. >> The City of Anytown does not provide for continuous business >> operations; >> consequently, reasonable access to the Property is generally >> limited to >> normal business hours and subject to the availably of municipal >> personnel >> and resources. >> > Why. This needs to grant you access when you need it and a key or > combination to padlock, etc. How are you going to get cusotmers back > online at 11:30 Saturday night? >> 5. CONSIDERATION: >> The City of Anytown recognizes the manifest public need for high- >> speed >> internet access and the current technological limitations that >> result in the >> requirements that only wireless technologies can address. >> Subsequently, >> the City of Anytown does not require any payments in consideration of >> this easement. >> However, the City of Anytown shall provide for the costs of >> electrical >> power to operate the Grantee's hardware once installed on the >> Property, not >> to exceed a load of twenty amperes (20 Amps) at one hundred twenty >> volts >> (120V). In consideration of these electrical costs, the Grantee >> shall provide >> its standard, non-profit service package and maintenance to the >> Office of >> the Anytown City Clerk at 123 Main Street, Anytown, KY. The City of >> Anytown may extend the network as needed for the purposes of >> government. >> > Get rid of this one. If they add 100 devices and all stream video, > who > pays for the bandwidth? >> 6. MAINTENANCE: >> The Grantor shall maintain the Property in a manner consistent with >> its >> primary purpose as a public water supply. The Grantee shall inform >> the >> Grantor of any observed maintenance issues which might arise. >> 7. INDEMNIFICATION: >> The Grantee does hereby agree to defend, hold harmless, and indemnify >> Grantor, its successors and assigns, from any claim of liability or >> any other >> claim involving the access, utilities, or arising out of the >> Grantee's >> use of the >> easement described above, unless caused by Grantor's negligent or >> willful >> conduct or Grantor's failure to fulfill its maintenance obligations >> as set forth >> in Paragraph 6 above. As a government. the Grantor reserves all >> rights >> afford under its Sovereign Immunity. >> 8. REMEDIES: >> In addition to all other remedies allowed by law, the parties, their >> successors and assigns, shall have the right to seek injunctive >> relief for the >> enforcement of the terms and conditions of this agreement. >> 9. BINDING EFFECT ON SUCCESSOR INTERESTS: >> The terms, conditions and provisions of this agreement shall extend >> to, be >> binding upon and inure to the benefit of the heirs, personal >> representatives >> and assigns of the parties. >> 10. ATTORNEY FEE: >> In case suit or action is instituted in connection with this >> agreement, the >> prevailing party shall be entitled to recover from the losing party >> such sums >> as the court may adjudge reasonable as attorney fees and costs in >> such suit >> or action, or upon appeal. >> DATED this day of , 20 . >> GRANTOR: GRANTEE: >> By: By: >> MAYOR >> CITY OF ANYTOWN >> STATE OF KENTUCKY >> >> On Tue, Mar 2, 2010 at 7:05 PM, Cliff >> <w...@eccentrixtechnologies.com> wrote: >> >>> My understanding is, even without that clause written, being a >>> government >>> they have that clause. >>> >>> -----Original Message----- >>> From: wireless-boun...@wispa.org [mailto:wireless- >>> boun...@wispa.org] On >>> Behalf Of RickG >>> Sent: Tuesday, March 02, 2010 6:04 PM >>> To: WISPA General List >>> Subject: [WISPA] tower contracts >>> >>> One of our favorite topics :) >>> >>> So, I've had fairly good luck with the tower agreements that I've >>> posted until lately. It seems people are getting real particular >>> these >>> days, which is fine. After two years of discusions, I've finally >>> made >>> some progress of getting on a nearby towns water tank. My issue is >>> that they have scrapped my contract and come up with an "easement >>> contract" of their own. Its not too bad but I'm concerned about the >>> "indemification section". Basically, it reads as follows: >>> >>> INDEMNIFICATION: >>> The Grantee does hereby agree to defend, hold harmless, and >>> indemnify >>> Grantor, its successors and assigns, from any claim of liability >>> or any >>> other >>> claim involving the access, utilities, or arising out of the >>> Grantee's >>> use of the >>> easement described above, unless caused by Grantor's negligent or >>> willful >>> conduct or Grantor's failure to fulfill its maintenance >>> obligations as set >>> forth >>> in Paragraph 6 above. As a government. the Grantor reserves all >>> rights >>> afford under its Sovereign Immunity. >>> >>> Basically, it protects them but not me. LOL, normally my contract >>> does >>> the reverse! Thoughts? >>> -RickG >>> >>> >>> --- >>> --- >>> --- >>> ------------------------------------------------------------------- >>> ---- >>> WISPA Wants You! Join today! >>> http://signup.wispa.org/ >>> --- >>> --- >>> --- >>> ------------------------------------------------------------------- >>> ---- >>> >>> WISPA Wireless List: wireless@wispa.org >>> >>> Subscribe/Unsubscribe: >>> http://lists.wispa.org/mailman/listinfo/wireless >>> >>> Archives: http://lists.wispa.org/pipermail/wireless/ >>> >>> >>> >>> --- >>> --- >>> --- >>> --- >>> -------------------------------------------------------------------- >>> WISPA Wants You! 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