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7, City believes it should also coatinue phaw(j aaracl priorilized arinual irlvesftnlerrls in
<br />conduit, haiidlvAcs and fiber optic cable to lhlk its J)Ublic J'acjlities with redundara and
<br />reliable underground fiber optic cable in cooduit and bandholc,, whel-e such systeins do
<br />not currently exist; and
<br />& City is often the pitblic utility owner that hicurs the rl1084 cost to do deep repairs and
<br />replacement of sewer hill-listructurc that will lac cx,,miplicated and result in higher costs (4)
<br />the puMic unless City proacOvely nt"Inages the proliferation or fil,an optic caHc in the
<br />pi,il)k rif,,hts-of-way by par(ics seckhig connedivitY it, all Cllvil'011111crlt ill which Open
<br />architecture dark fiber availobility Barad affbrdaibility is not present-, and
<br />9. City is responsible for pavement condition maintenance and attempts through
<br />coll1prQ11ellsive pavement rnailltelJanCC to ITUIXiMiZe the 'lilt of streets to save taxpayers
<br />moneywhil e providing a high pavement condition rating by, limiting the nuniber of repeat
<br />pavellient cols "flid patches for fiber optic cablc jllstalladons by various exckriive private
<br />interests and instead facilitating access to opera 8rchitecture dark fiber that is available and
<br />affordable to any entity who would deliver voice, data, or video set -vices over such fiber;
<br />and
<br />I OSJVMl is an [ndituia Not For Profit C'orporation whose purpose is to engage in
<br />developing and pi,oviding physical inflrastrL1UtW'C that enables a system for digital
<br />lelecoll'imullications transport and related services, to entities in St, Joseph County,
<br />Indiana and the, stirrounding arQa (the "St. Joseph County Area"), such as:
<br />(i) governmental apencies in order to lessen their burdens by supporting their several
<br />administrative fiirictiorls all(I facilitating their online exchange and organization of
<br />information among such agencies in the interests of the safety and welfare of the public at
<br />large; (6) SL Joseph County Area educatioilal institutions (including, but not limited to,
<br />public and private aon-pl'ofit schools, colleges, universities, vocatiOnat SCIIOOIS atki
<br />libraries) and other St, Joseph County Area gloverurriental agencies or illstitUflOt's, which
<br />substantially forther cducatiorjat or scientific reseircll purposes (including, but not lifnited
<br />to, Museurns, lionprofit lu.)Spitdls and other healtheare racilities), their ruernbers, students,
<br />parents or students, administration, and staff,, it) order to facilitate their onfirle ex0lailge
<br />S
<br />and organizatiort of educllirmal iriformation an`101)�r UCII hiStitUtiOWS and their dynainic
<br />interaction with advanced facilities would -wide; arid Gii) other St. Joseph County Area
<br />entities, which substantially further COMMullity cievelopment, economic devc1opin,ent,
<br />public health and safety, or workforce (level,opilletit purposes, in order to lacilitate their
<br />online exchange of illforvnaflo�a among such entities arld dicir dynarnic interaction With
<br />advanced facilities world-wide; and
<br />11. SJVMI. has secured frorn private entities pledges of capital contributions in an
<br />1 t -its-of-
<br />amount that, if City were to pe"Mit S.IVMI to install its fiber oplic cable within rights -of -
<br />way way and conduit owned by City, would be sufficient to establish a fiber optic cable
<br />network capable of providing dark fitbur access to as barge number of the business, cultural,
<br />educational, governincrital, and healthcare histitutiODS IOCaWd Within Or irnITIcdiaHy
<br />adjacent to South Bend; and
<br />12. siVMI is willing to provide to City, in exchange for the right to install its 'fiber
<br />Reciprocal UcenSe Agleement belwecu Cily and SfVMI Page 2 of 12
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