2022 Resolutions - Laserfiche WebLink

Home Browse Search

A. Term: The term of this Agreement shall be five (5) year and thereafter, three (3) five (5) year renewals upon the written Agreement of the parties. Term shall commence upon thirty (30) days from the date of execution of this Agreement by both parties ( "Effective Date ") and thereafter shall terminate on the anniversary of the Effective Date (the "Term ") unless otherwise terminated as provided elsewhere in this Agreement. B. Renewals: To the extent permitted by law, requested extensions may be granted administratively by the Parties' City Managers or their designees, unless Chesapeake or Portsmouth proposes to change the terms of the Agreement, in which case the new terms shall require approval of both Parties' City Council. Both Parties also have the right to give written notice to the other of an emergency need, as reasonably determined by the terminating Party, to terminate the Agreement, in which case the Agreement shall not be subject to renewal. In the event that either Party does not desire an extension of the Agreement, said Party shall give the other written notice of its intention not to request an extension of this Agreement at least six (6) months prior to the end of the current term. If both Parties fail to either (i) request an extension of this Agreement or (ii) provide written notice of its intention not to request an extension of this Agreement at least six (6) months prior to the end of the then current Term or Renewal Term, this Agreement shall terminate at the end of the then current Term or Renewal Term. ARTICLE II EXCHANGE OF FIBER Section 2.01 Portsmouth hereby grants to Chesapeake an irrevocable, perpetual, exclusive, non- transferable right to use approximately 12 strands of 12.85 miles of fiber within the Portsmouth network in order to close its fiber backbone in the north and northwest portions of the City, in the location depicted in Exhibit B from (36 °51'41.63 "N , 76 °23'56.09 "W) Western Branch Blvd along High St W. to Rodman Ave to King St., to Powhatan Ave to Clifford St, to Elmhurst Ln, to Victory Blvd, to George Washington Hwy. ( 36 °47'34.89 "N , 76019'43.16"W) for the term of this Agreement. Section 2.02 Chesapeake grants to Portsmouth an irrevocable, perpetual, exclusive, non- transferable right to use approximately 12 strands of 46.48 miles of fiber within the Chesapeake network in order to access the PSOC, and other areas of interest, in the locations depicted on Exhibit D along Western Branch Blvd from Between College Dr. and Dunedlin Dr. (36 °51'55.17 "N, 76 °25'17.03 "W) southward along Taylor Rd to Bruin Dr, Bruce Rd, Taylor Rd, Portsmouth Blvd, I -664, Joliff Rd, S Military Hwy, George Washington Hwy N, Moses Grandy Tri -Cedar Rd, Battlefield Blvd N, Military Hwy S, PSOC, Military Hwy S, George Washington Hwy N to (36 °51'41.53 "N, 76 °23'55.99 "W) just east of Academy Ave for the term of this Agreement. Section 2.03 Chesapeake hereby grants to Portsmouth the right to enter Chesapeake's Public Safety Operations Center (PSOC) Facility located at 2130 S Military Hwy, Chesapeake VA 23320, to maintain a presence within the facility over Chesapeake's backbone, upon the request of