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13uubdi nt ou 13 <br />OPTICAL FIBER AND FACILITY CONNECTIONS AGREEMENT <br />This agreement is between the City of Roseville ("Grantor") and Ramsey County Library Board <br />("Grantee") collectively referred to as ("Parties"). Grantor is a statutory city and Grantee is a statutorily <br />authorized board pursuant to Minnesota Chapter 134. <br />RECITALS <br />A. Under Minn. Stat. §§ 471.59, subd. 10, the Parties are empowered to enter into agreements for <br />the joint exercise of powers with other governmental units for public purposes. <br />B. The Parties have the right to own telecommunications equipment for their own use and to enter <br />into agreements with other cities conveying title to or otherwise granting rights to use <br />telecommunications facilities. <br />C. Grantor intends to construct and/or is currently constructing a multi-conduit fiber optic <br />communications system (the "Grantor System") as generally described and depicted in Diagram 1 <br />attached hereto. <br />D. Grantor further intends to install within one of the conduits of the Grantor System a high fiber <br />count fiber optic cable (the "Cable"). <br />E. Grantee desires to obtain the right to use the number of fibers and connecting those points <br />identified in Exhibit "A" attached hereto. <br />NOW THEREFORE, for valuable consideration, the parties agree as follows: <br />SECTION ONE — JOINT AND COOPERATIVE AGREEMENT <br />1.0 The Effective Date of this Agreement shall be the date both Parties have approved and executed <br />the Agreement. <br />1.1 The Parties hereby form this Agreement pursuant to Minn. Stat. §471.59, which allows two or <br />more governmental units to jointly and cooperatively exercise any power common to the contracting <br />parties or any similar powers. The purpose of the Agreement is to facilitate the purchase and sale or <br />cooperative use of fiber optic facilities and facility connections owned by the Grantor at the time of this <br />Agreement in accordance with the terms of this Agreement. The Parties intend to be governed by Subd. <br />1(a) of Section 471.59 and do not hereby assume responsibility for the acts or omissions of the other <br />party. <br />1.2 This Agreement shall terminate twenty (20) years from the Effective Date. The Grantee may <br />terminate this agreement earlier at any time with 120 day written notice to the Grantor. This <br />Agreement may also be terminated earlier by a material breach by either party or extended for an <br />additional period of time by agreement of the Parties in writing. <br />SECTION TWO - GRANT <br />IRU RCL JAN2010 rev3TDH <br />