05-14-1997 Council Agenda - Laserfiche WebLink

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right -of -ways or other public properties or affect its jurisdiction over them or any part of them, and the City shall retain power to make all necessary changes, relocations, repairs, maintenance, establishment, improvement, dedication of same as the City may deem fit, including the dedication, establishment, maintenance, and improvement of all new rights -of -ways and other public properties of every type and description. SECTION 10- TERM This Agreement shall be and remain in full force and effect for a period of ten (10) years from the effective date hereof unless sooner terminated as herein provided. The parties hereto agree that this Agreement may be renewed at the end of the term for an additional ten (10) year term subject to the re- negotiation of all provisions including conditions of use. The Company shall give notice of its interest in extension of this Agreement at least six (6) months prior to the expiration of the term. The parties further agree that the Agreement may be modified, if during the term indicated above, it becomes legally necessary in order to remain in compliance with any changes in state law. SECTION 11- ASSIGNMENT The rights contained in this Agreement inure to the benefit of the Company, and any parent, subsidiary, affiliate or successor entity now or hereafter existing. The rights shall not be assignable to any other person or entity without the express written consent of the governing body of the City, which consent shall not be unreasonably withheld. SECTION 12- NOTICES All notices required to be given to either party under the provision of this Agreement shall be deemed served when delivered by hand, or 48 hours after being sent by certified United States mail, return receipt requested, in writing to the persons specified below. All notices required to be given the City shall be delivered or mailed to: City of Little Canada, Minnesota, 515 E. Little Canada Road, Little Canada, MN 55117, ATTN: Director of Public Works. All notices required to be given to the Company shall be delivered or mailed to: Brooks Fiber Communications of Minnesota, Inc, 425 Woods Mill Road South, Suite 300, Town & Country, Missouri 63017, ATTN: President. SECTION 13- ENTIRE AGREEMENT; AMENDMENT This Agreement represents the entire Agreement between City and the Company, and may be amended only by written instrument, signed by both parties. Page 46