7818-03 submit 1 yr. Action Plan

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AGREEMENT This Agreement is made and entered into at Lakewood, Ohio, this _ day of , 2003 by and between the City of Lakewood, Ohio, 12650 Detroit Avenue, Lakewood, Ohio (the "City"), and the Board of Education of the Lakewood City School District, 1470 Warren Road, Lakewood, Ohio (the "District"). WITNESSETH: WHEREAS, the City desires to renew with Cox com, Inc. ("Cox") a non-exclusive franchise to provide cable television service to the residents of the City, and to enter into a franchise agreement with Cox for 15 years for such purpose (the ''Franchise Agreement"); and WHEREAS, the City and the District desire that the institutional network or "B-Loop" shared by the City and the District be upgraded by Cox to a fiber optic network consisting of at least 6 dedicated optical fibers (the ''Fiber Optic B-Loop"), and the City desires to enter into a Dark Fiber Lease Agreement with Cox for this purpose ("Lease Agreement"); and WHEREAS, the City and the District expect the total cost to the City under the Lease Agreement of Cox's installation of the Fiber Optic B-Loop to be $165,000, and desire to share equally this cost; and WHEREAS, the District desires to increase the number of dedicated optical fibers from 6 to 12 for all of its buildings in the Fiber Optic B-Loop; and WHEREAS, Cox has offered to provide maintenance of the Fiber Optic B-Loop for 15 years at a cost to the City under the Lease Agreement of $1 0,000 per year for a period of 6 years, and the City and the District desire to share equally this cost; and WHEREAS, the City and the District desire to enter into this Agreement to set forth their agreement with respect to the foregoing sharing of costs and certain other terms and conditions; NOW, THEREFORE, in consideration. of the foregoing and the mutual promIses, covenants and agreements set forth hereinafter, the parties hereby agree as follows: 1. The total cost of $165,000 to the City under the Lease Agreement, or the actual cost if lower, for Cox's installation of the Fiber Optic B-Loop shall be shared equally by the City and the District. The total cost for a 15-year maintenance agreement with Cox for the Fiber Optic B- Loop shall not exceed $60,000, and also shall be shared equally by the City and the District. To collect the amounts for which the District is responsible under this paragraph 1, the City shall withhold the annual payments of $20,000 due the District under the video production and editing equipment Agreement dated April 19, 1993 (the "Video Agreement") until the City has been paid in full. Once the City has withheld all amounts to which it is entitled under this paragraph 1, all funds, if any, remaining from any $20,000 annual payment from which the City withholds the [mal amount to which it is entitled shall be paid immediately to the District. Thereafter, the District once again shall receive all $20,000 annual payments fÌom the City in accordance with 379325-1