APPLICATION FOR DARK FIBRE OPTIC SERVICE

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Suite 101, 310 Ward Street, Nelson, BC V1L 5S4 Phone: (250) 352-5511 Fax: (250) 352-2131 Website: http://www.nelson.ca/ APPLICATION FOR DARK FIBRE OPTIC SERVICE FOR OFFICE USE: APPLICATION # DATE OF APPLICATION: FOR APPLICANT TO COMPLETE: Business Name: Applicant Name: Phone Numbers: Mailing Address: Fax: Email: DARK FIBRE OPTIC LOCATION AND SERVICE DETAILS: Street Address: Legal Description: City of Nelson Business License Number: Agreement Summary (Enter Details) Explanations/Notes Enter the Street Address Enter the Legal Description of the Property Enter the City of Nelson Business License(s) A City of Nelson Business License is required to lease the city fibre connection. Bylaw References 3.2 Fibre Optic Panel Location Description: Enter a description of the Fibre Optic Panel Location 3.7 Number of Fibre Connections/strand The City s Fibre Optic Panel must be located in a shared space that is accessible by all building tenants. This is typically a shared communication room, closet or basement. Enter the desired number of fibre connections/strand 3.5 Each building has at least one fibre connection and the application must be approved by the building owner. A building is assessed by the City of Nelson for the number of fibre connections potentially required for its business tenants. An assessment is completed that determines the estimated construction costs to connect Nelson fibre to the building. APPLICATION FOR DARK FIBRE OPTIC SERVICE Page 1 of 5

Typically, the building owner pays for the construction costs, then recovers the costs from the tenants using the fibre. Estimated construction costs vary depending on the nearest proximity to available fibre, but the average is a one time cost of $2,000 per building fibre connection. Type/Speed of Service: 100Mbps OR 1000Mbps/1GB Commencement Date of Monthly Service: Monthly Fibre Rates: Each business in a building has at least one fibre connection. Each business has a direct relationship with the City of Nelson for monthly fibre billing. Enter a description of the type/speed of service desired and how the service will be used. Typically for single location businesses, a 100MB connection is recommended. For businesses with multiple locations, additional connections may be required/desired. Enter the estimated commencement date The Commencement date is the date that the monthly fibre billing will start. Fibre and Network installations will have already been completed and the fibre will be available for use. $x Per Month - Per Business, Per Location 3.5 3.2 Monthly Fibre Billings and Payments are completed between the City of Nelson and the user of the fibre. Payments can also be made quarterly or annually, as requested by the fibre user. Costs Excluded in Fibre Agreement: Χ Monthly Internet Service Provider fees; Χ Any wiring or equipment not directly related to the fibre connection Χ Any location improvements such as Routers, UPS, Network Switches Business that interconnect office locations will pay the monthly fee per office location. Businesses will incur additional Internet Service Provider fees, on top of the fibre utility fee. Businesses may incur additional networking equipment costs, if their networking equipment needs upgrading, to enable them to take full advantage of the fibre network speeds. When connecting the fibre to customer networking equipment, ensure that the ports match or exceed the speed of fibre service, which is a minimum of 100Mbps. Services not provided by the City of Nelson Bylaw#3270, PART 3 Bylaw#3270, PART 6 In addition, internal business APPLICATION FOR DARK FIBRE OPTIC SERVICE Page 2 of 5

One-time Installation Costs: Estimated Construction Costs $ INSERT COST ESTIMATE equipment, such as computers may need to be upgraded to take advantage of improved network speeds. Staying current with computing technologies is recommended for businesses. Fibre Connection Feasibility and Costs are evaluated prior to completing an application for Fibre service. Contact the City of Nelson IT department 352-8289 for construction estimates and information on the process for fibre applications. Bylaw#3270, PART 4 Either the building or the tenant can pay the construction costs. The payment arrangement is between the building owner and the tenant. Administrative Fee Deposit (due on signing) A building tenant requires authorization from the building owner for any building construction. The tenant may apply for fibre service on behalf of the building owner. $250.00 The administrative fee covers the City of Nelson staff time to setup the connection for accounting and (50% * Estimated Construction costs) + $250 (Balance of actual construction costs due on Commencement Date) technical purposes. The deposit ensures that the customer is committed to proceed with the installation, after which connection parts and contracted labour can be secured. Full payment, rather than a deposit is preferred and accepted, at the applicant s discretion. section 4.1 section 4.4 section 4.4 PROPOSED FIBRE INSTALLATION OVERVIEW ATTACHED: APPLICATION FOR DARK FIBRE OPTIC SERVICE Page 3 of 5

Application 1. The Applicant hereby applies to the City for access to and the supply of Dark Fibre optic cable capability. The Applicant acknowledges and agrees that approval of this application by the City will form a contract between the Applicant and the City regarding the Service. 2. The Applicant agrees and acknowledges that all expressions used in this application are as defined in Bylaw No. 3270, 2013. Provision of Service 3. The City will provide the Service for the Customer s use in accordance with the terms and conditions of Bylaw No. 3270, 2013, as amended, revised, consolidated or replaced from time to time and the terms and conditions of the approved application. Consent to Enter Premises 4. The Applicant hereby consents to the installation of equipment and fibre optic cables ( Equipment ) by the City in order to connect the Premises to the Network, and hereby grants an irrevocable non-exclusive license to the City and its contractors to access the Premises to install and maintain the Equipment. The license described herein will remain irrevocable with respect to the outdoor portion of the Premises and shall, with respect to the indoor portion of the Premises, terminate on the date that the Equipment is removed from the Premises by the City. 5. The Applicant agrees and acknowledges that installation of the Equipment and connecting the Premises to the Network may involve modification of the Premises, and the Applicant releases the City and its contractors from any liability for such modifications. Liability Limitation and Indemnity 6. The Applicant acknowledges and agrees that the City is providing the Service of Dark Fibre only and that the City is not responsible for any additional services provided by a Network Operator or Internet Service Provider. 7. The Applicant (or Applicant as Customer) hereby indemnifies the City from any damages, losses, liability, charges, fines, costs and expenses of any nature which the City may incur which arise out of or in connection with the Customer s unauthorized use of, or tampering with, the Service or Equipment. 8. Where the Applicant is not the Registered Owner of the Premises, the consent of each Registered Owner is required. Each Registered Owner, by signing the Consent below, agrees to be bound by all the terms and conditions of Bylaw No. 3270, 2013 and the terms and conditions in this Application. APPLICATION FOR DARK FIBRE OPTIC SERVICE Page 4 of 5

If the applicant is not the registered property owner, 1. Complete the application, on behalf of the registered property owner, and attach a letter of authorization from the property owner(s) OR 2. Ensure that the owner signs the following authorization on this application Registered Property Owner(s) - Authorization If the applicant is the registered property and business owner, complete the following: By signing below, I, the applicant, in his/her personal capacity and in his/her capacity as the authorized representative of the owner, agrees to be bound by the terms and conditions of this application. Furthermore, I hereby acknowledge that one-time installation fees and monthly Fibre fees are established by Council in the City of Nelson Bylaw. Business Owner(s) - Authorization The Corporation of the City of Nelson - Authorization All parties understand and agree that an electronic reproduction of this signed document remains as valid as the original. APPLICATION FOR DARK FIBRE OPTIC SERVICE Page 5 of 5