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other than personal wireless services. includina ownership, operation, and/or manaaina of <br />a dark fiber network. <br />iJ, 21. "Work" shall mean any and all activities of -the Franchisee, or its officers, <br />directors, employees, agents, contractors, subcontractors, volunteers, invitees, or licensees, <br />within the Public Rights -of -Way to Construct the Facilities. <br />Section 2. Non-exclusive Franchise Granted. <br />A. The City hereby grants to Mobilitie, subject to the conditions prescribed in this <br />ordinance ("Franchise Agreement"), the franchise rights and authority to Construct and <br />operate its Facilities necessary for a tcloc,bnn.unicatians fao4tyTelecommunications <br />System within the City -owned Public Rights -of -Way, generally described as that area <br />within the present and future boundaries of the City and hereinafter referred to as the <br />"'Franchise Area. <br />. <br />B. The foregoing franchise rights and authority ("Franchise") shall not be deemed <br />to be exclusive to Mobilitie and shall in no way prohibit' or ilrnit the City's ability to grant <br />other franchises„ permits, or rights along, over, or under the arras to which this Franchise <br />has been granted to Mobilitie; provided, that sucl t other franchises do not unreasonably <br />interfere with Mobilities exercise of franchise runts gr rated herein as determined by the <br />City. This Franchise shall in no way interfere with existing utilities or in any way limit, <br />prohibit, or prevent the City from using the Franchise Area or affect the City's jurisdiction <br />over such area in any way. <br />C. This Franchise Agreement merely authorize Mobilitie to occupy and use the <br />Franchise Area. Nothing contained herein Shall be construed to grant or convey any right, <br />title, or interest in the Franchise Area to Mobtifitie. <br />D. -City does not warrant itr . ale or property interest in or to any franchise area nor <br />undertake to defend franchisee in tote peaceable possession or use of the franchise area. <br />No covenant of quiet enjoyment is Made. <br />Section 3. Authority. They Director of Public Works or designee is hereby granted <br />the authority to administer nd enforce the terms and provisions of this Franchise <br />Agreement and may develop such lawful and reasonable rules, policies, and procedures <br />as the Public Works Director deems necessary to carry out the provisions contained <br />herein. <br />Section 4. Franchise Term. <br />A. Term. The franchise rights granted herein shall remain in full force and effect for <br />a period of to -n410) years from the effective date of this ordinance (the "Term"). However, <br />this Franchise Agreement shall not take effect and Mobilitie shall have no rights under <br />this Franchise Agreement unless a written acceptance with the City is received pursuant <br />to Section 5 of this Agreement. _If Franchisee desires to renew this Franchise Agreement, <br />it shall file a renewal application with the City between 180 days and 120 days prior to the <br />expiration of the existing term. _In the event of such filing, the City may, at the City's sole <br />discretion, extend the term of this Franchise Agreement for up to one year beyond the <br />expiration date to allow processing of renewal. _If the City elects to extend the term of this <br />W Word Processing\Ordinances\Mobilitie Franchise Agreement markup TIS to C O W 6-28-18 <br />CK:bjs: LH <br />Page 5 of 24 <br />227 <br />