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008 of 1987 - Granting Right to Construct - Evans & Sutherland Computer Corporation I' 0 87-1 OAIGIN& SALT LAKE CITY ORDINANCE WY GM No. 8 of 1987 (Granting Right to Construct to Evans & Sutherland Computer Corporation) AN ORDINANCE GRANTING TO EVANS & SUTHERLAND COMPUTER CORPORATION, A UTAH CORPORATION AUTHORIZED TO AND DOING BUSINESS IN THE STATE OF UTAH, ITS SUCCESSORS AND ASSIGNS, THE RIGHT AND PRIVILEGE TO CONSTRUCT, ERECT, OPERATE, AND MAINTAIN OVER AND UNDER THE FOLLOWING-DESCRIBED CITY STREETS, ALLEYS AND PUBLIC WAYS, WIRES, CABLES, AND UNDERGROUND CONDUITS, IN CONNECTION WITH ITS TELECOMMUNICATION BUSINESS. Be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. Definitions. For purposes of this ordinance the following terms, phrases, words, abbreviations and their deriva- tions shall have the same meaning given herein. When not incon- sistent with the context, words used in the present tense include the future ; words in the plural number include singular number; and words in the singular number include the plural . The word "shall" is always mandatory and not merely directory . A. "City" shall mean Salt Lake City Corporation , a munici- pal corporation of the State of Utah. B. "Mayor" shall mean the existing or succeeding chief administrative officer of the City, or his designate . C. "Council" shall mean the present legislative governing body of the City or any successor. D. "City Attorney" shall mean the chief legal officer of the City. E. "Director of Finance" shall mean the chief financial officer of the City. F. "Director of Public Works" shall mean the director of public works of the City. G. "Person" shall mean any person, firm, partnership, association , corporation , company or organization of any kind . H. "Applicant" shall mean any person submitting an application to the City for a franchise to operate a tele- communications line across the street to another building as part of Applicant' s business within the city using city streets or other city property for the installation and operation of its facilities under the conditions set forth hereunder . I. "Grantee" shall mean the person to whom or to which a franchise as here inbe fore and hereafter defined is granted under this ordinance or anyone who succeeds the person in accordance with the provisions of this franchise . J. "Gross receipts" shall mean all revenue derived directly or indirectly by Grantee, its affiliates, subsidiaries , and any person in which Grantee has a financial interest from or in connection with the operation of Grantee' s business within the City, with no deductions whatsoever. K. "Street" shall mean the surface of and the space above and below any public street, road , highway , freeway , lane, path, -2- public way , or place, alley , court, boulevard , parkway, drive or other easement now or hereafter held by the City for the purpose of public travel and shall include other easements or rights of way as shall be now held or hereafter held by the City which shall , within their proper use and meaning entitle the City and Grantee to the use thereof for the purposes of installing or transmitting said system transmissions over poles, wires, cables, conductors, ducts , conduits , vaults , manholes, amplifiers, appli- ances, attachments, and other property as may be ordinarily necessary and pertinent to such system. L. "Subscriber" shall mean a purchaser of any service delivered over the Grantee' s facilities to an individual dwelling unit or business within the City limits. SECTION 2. Grant of Franchise Authority. City hereby creates the right, privilege, and franchise for Evans & Suther- land Computer Corporation , hereinafter Grantee , to construct, operate, and maintain a telephone and/or telecommunications system in the streets of Salt Lake City, described in Exhibit "A" attached , subject to the conditions and restrictions as hereinafter provided. The term of the franchise shall be five (5 ) years from the date hereof . SECTION 3. Franchise Payments. A. Grantee herein shall pay annually to the City for the use of the streets and other facilities of the City in the operation of its system in the City, and for the municipal supervision thereof during the life of this franchise the greater of either: -3- 1 . The sum of Six Hundred Twenty-five Dollars ($625.00 ) with the initial payment due and tendered concurrent herewith. Thereafter, said payment shall be due on or before the anniversary date hereof during the term hereof. On each successive anniversary date, hereinafter "Due Date" , the annual franchise payment shall be increased by the same percentage increase , if any , in the Consumer Price Index herein specified for the preceding twelve month period ending the last day of December. The Consumer Price Index unit for this purpose shall be the U. S. City Average Geographic Index for the components including "all urban consumers" based on "all items" as published for said month by the Bureau of Labor Statistices of the federal govern- ment. If publication of said Consumer Price Index should cease, such annual percentage increase shall be determined by reference to such similar index as shall replace it , or as agreed upon by the parties. 2. To the extent Grantee competes with Mountain Bell Telephone Company by providing intraexchange service within the Salt Lake City local calling area (as defined by Mountain Bell' s tariff on file with the Utah Public Utilities Commission) or otherwise derives local exchange service revenues, as defined in Section 20-3-14(b) of Salt Lake City Ordinances , (or any successor section thereto) , from furnishing services from within Salt Lake City , Grantee -4- shall pay City a sum of two percent ( 2%) for the annual gross receipts per annum of Grantee from all revenue received by providing such intraexchange or basic local exchange service. In the event that such services are not provided or do not exceed the sum set forth in subparagraph 1 hereof annually, Grantee shall pay the sum set forth therein annually, which amount approximates the fair rental value of the property. Grantee shall annually provide the City a certificate evidencing whether its revenue from the preceding year exceeded the approximate fair rental value of the property, as specified above. B. Such annual payments shall be made to Salt Lake City Corporation and sent to City' s Property Manager at 324 South State Street, Fifth Floor, Salt Lake City, Utah 84111 , unless notified of change of address in writing by the City . All payments shall be made annually on or before said Due Date. A delinquency penalty charge of ten percent ( 10% ) of the annual payment shall be assessed on any payment not received by the City by the Due Date . Failure to make the annual payment and penalty charges within thirty (30) days of whichever Due Date is applicable above shall constitute breach of the terms of this Agreement and constitute just cause for termination hereof prior to the expiration of the current term , and such unpaid amount shall bear interest until paid at the rate of an additional ten percent ( 10%) per annum until pa id . -5- C. In the event the franchise should be terminated or forfeited prior to the end of the basic five (5) year term, Grantee shall immediately submit to the City a financial state- ment prepared as before required , showing the gross receipts of Grantee for the time elapsed since the last period for which Grantee has paid to the City the required percentage of gross annual receipts, and Grantee shall pay to the City not later than thirty (30) days following the termination of the franchise, a like percentage of such gross receipts and/or any other sums legally due and owing to the City. D. The City shall have the right to inspect the Grantee' s records showing the gross receipts from which its franchise payments are computed and shall have the right of audit and recomputation of any and all amounts paid under the franchise . No acceptance of any payment by the City shall be construed as a release of or an accord or satisfaction of any claim the City might have for further or additional sums payable under the terms of this ordinance or for any other performance or obligation of Grantee hereunder . SECTION 4. Insurance. A. Within thirty ( 30) days after the granting of the franchise and at all times during the term of the franchise, Grantee shall obtain , pay all premiums for, and file with the City Director of Finance executed duplicate copies and receipts evidencing the payment of premiums for the following: -6- 1 . A general comprehensive public liability insurance policy indemnifying , defending , and saving harmless Grantee , its officers, boards, commissions, agents, or employees, with the City as an additional named insured , from any and all claims by any person whatsoever on account of injury to or death of a person or persons occasioned by the operations of the Grantee under franchise herein granted or alleged to have been so caused or occurred with a minimum liability of $250, 000 per personal injury or death of any one prson and $500, 000 for personal injury or death of any two or more persons in any one occurrence. 2. Property damage insurance indemnifying , defending, and saving harmless Grantee, its officers, boards, commis- sions, agents, and employees, with the City as an additional named insured , from and aqainst all claims by any person whatsoever for property damage occasioned by the operation of the Grantee under the franchise herein granted or alleged to have been so caused or occurred with a minimum liability of $250, 000 for property damage to any one person and $500, 000 for property damage to two or more persons in any one occurrence. B . The Grantee shall furnish concurrent with the issuance of this franchise a certificate of insurance verifying said coverage. Such insurance as provided for in this section shall be kept in full force and effect by Grantee during the existence -7- of and until after the removal of all poles, wires, cables, underground conduits , manholes, and other conductors and fixtures incident to the maintenance and operation of the system as defined in the franchise. The Grantee will furnish appropriate certificates to City certifying such coverage. C. All of the foregoing insurance contracts shall be in form satisfactory to the City Attorney and shall be issued and maintained by companies authorized to do business in the State of Utah and acceptable to the City' s Director of Finance and they shall require thirty (30) days' written notice of any cancella- tion to both the City and Grantee herein. SECTION 5. Surety Bond. A. The Grantee shall within ten ( 10) days after the franchise becomes operative, execute to the City with good and sufficient securities, a bond to be approved by the City Attorney in the sum of $1 , 800. 00, conditioned upon the faithful performance and discharge of the obligations imposed by this Ordinance from the date thereof and shall remain in force and effect during the life of this franchise. Upon completion of seventy-five percent ( 75%) of the system, as certified by the Director of Public Works to the City Council , the amount of the bond may be reduced to the sum of $900. 00. B. The Grantee shall pay all premiums chargeable for the bond and shall keep the same in force and effect at all times throughout the term of the franchise, including the removal of all poles, wires, cables, underground conduits, manholes, and -8- other conductors and fixtures incident to the maintenance and operation of the system. C. The bond shall contain a provision that it shall not be terminated or otherwise allowed to expire prior to thirty (30) days without prior written notice to the City. D. The bond shall be in a form satisfactory to the City Attorney , and a duplicate copy of it, along with written evidence of payment of the required premiums shall be filed wih the City' s Director of Finance during the term of the franchise . SECTION 6. Indemnity. Grantee shall at its sole cost and expense fully indemnify, defend , and save harmless the City, its officers, agents, and employees against any and all claims , suits, actions, liability , and judgments for damage, including City' s attorney' s fees, arising out of the Grantee' s acts, omissions or the operation of the Grantee' s business under this franchise. These damages or penalties shall include but shall not be limited to damages arising out of installation, operation or maintenance of the system authorized herein , whether or not any act or omission complained of is authorized , allowed , or prohibited by the franchise . SECTION 7. Books and Records of Grantee . A. Grantee shall file with the City's Directors of Public Works and Public Utilities a copy, true and accurate, of maps and/or plats of all existing and proposed installations upon the streets. These maps and plats shall conform to the requirements of the City' s Directors of -9- Public Works and Public Utilities and shall be kept continuously up-to-date . B. All books and records of Grantee concerning its operation in connection with or related to its said telecommunication line shall be made available for inspection and audit by City' s Director of Finance or his designee within ten (10) days after any request for such inspection or audit shall be made. C. Copies of all rules, regulations, terms, and conditions established by Grantee for its operation under this franchise shall be filed with the City Attorney. SECTION 8. Conditions of Street Occupancy. A. All transmissions and distribution structures, lines, and equipment erected by Grantee within the city shall be so located as to cause minimum interference with the proper use of streets, and to cause minimum interference with the rights and reasonable con- venience of property owners who join any of said streets. The system shall be constructed and operated in compliance with all City, state and national construction and electrical codes and shall be kept current with new codes as required . B. Except when absolutely necessary to service a subscriber and not simply because it shall be more convenient, economical , or profitible for Grantee to so operate, and then only when expressly permitted in writing by the City' s Director of Public Works, under such conditions as he shall prescribe for the public welfare, Grantee shall not erect, authorize , or permit others to -10- erect any poles or facilities within the streets of the City for the conduct of its system but shall use the existing poles and other equipment of the appropriate electrical power and telephone and other untility companies under such terms and agreements as the Grantee negotiates with these companies. The City shall cooperate with Grantee in negotiating and obtaining permission to use such facilities. C . No poles, cables, equipment, or wires for the construc- tion , maintenance and operation of the system shall be installed or the installation thereof commenced on any existing pole within the city until the proposed location, specifications and manner of installation of such cables, equipment, and wires shall have been set forth upon a plot or map showing the existing poles , streets, alleys, or highways within the city where such instal- lations are proposed and submitted in writing by Grantee to the City' s Director of Public Works and approved by that department in writing. Such approval or disapproval with the reasons therefor, shall be given in writing to Grantee within a reason- able period of time. D. Should the Grantee be required in the conduct of its business to locate property within the streets of the city other than property which may be attached to utility poles, then in that event, before Grantee shall install or shall permit any other person to install for Grantee any of such property in the street, the nature of such p-- perty shall be disclosed to the -11- City' s Director of Public Works for his approval as to the need thereof and as to the location within the street and only installed under such conditions as he and the Director of Public Utilities shall prescribe concerning such location or installation. E. Whenever the City or State shall require the relocation or reinstallation of any property of Grantee in any of the streets of the city, it shall be the obligation of Grantee upon notice of such requirement to immediately remove and relocate or reinstall such property as may be reasonably necessary to meet the require- ments of the City or State. Such relocation , removal or rein- stallation by the Grantee shall be at the sole cost of Grantee . F. Whenever in any place within the city, all the electric and telephone utilities shall be located underground, it shall be the obligation of the Grantee to locate or to cause its property to be located underground within such places, however it is the policy of the City to have the maximum amount, if not all , cable possible underground and the City may direct the Grantee to install cables underground when either electric or telephone lines exist underground . If the electric utilities or telephone utilities shall be located underground in any place within the city after Grantee shall have previously installed its property, nevertheless, Grantee shall at the same time or immediately thereafter remove and relocate its property also underground in such places. In areas of the city where utilities are under- -12- ground , Grantee may locate certain equipment above ground upon a showing of necessity to and approval by the City's Director of Public Works. Facilities of the Grantee placed underground at the property owner' s request in an area where electric utilties or telephone utilities are aerial shall be installed with the additional expense paid by the property owner . G. Grantee shall have the authority to trim trees overhang- ing the streets of the city so as to prevent the branches of such trees from coming in contact with Grantee' s wires and cable. All such trimming on City property shall be done under the direction of the City and at the expense of Grantee. H. In case of disturbance of any street caused by Grantee, the Grantee shall at its own cost and expense and in a manner approved by the City' s Director of public works replace and restore such street in as good a condition as before the work involving such distrubance was done. Prior to commencing work in the public way, Grantee will make application for a permit to work in the public way from the office of the City Engineer . Grantee will abide by all regulations and requirements of the City Engineer for such works . I. Grantee shall maintain, repair, and keep in good condi- tion , to the satisfaction of City Engineer, for a period of one year following such disturbance, all portions of a sidewalk or street disturbed by it or its agents. J. Grantee shall on the request of any person holding a -13- building moving permit issued by the City temporarily raise or lower its wires to permit the moving of such building. The expense of such temporary removal or raising or lowering of the wires shall be paid by the person requesting the same and Grantee shall have the authority to require such payment in advance. Grantee shall be given not less than forty eight (48) hours' advance notice to arrange for such temporary wire changes. In the event of a disagreement between Grantee and a holder of a permit, such disagreement will be resolved by the City' s Director of Public Works. K. If at any time in case of fire or disaster in the city it shall become necessary in the judgment of the Mayor or the Chief of the Fire Department to cut or move any of the wire cables, appliances or other fixtures of Grantee, this may be done and the repairs thereby rendered necessary shall be made by Grantee, at its own cost and expense and without charge against the City. L. Grantee' s work , while in progress, shall be properly protected at all times with suitable barricades, flags, lights , flares, or other devices as are reasonably required by City regulation or ordinance or state law to protect all members of the public having occasion to use the portion of the streets involved, or adjacent property. SECTION 9. Initial System Installation. Within thirty ( 30) days after the acceptance of the franchise, Grantee shall proceed with due diligence to obtain all necessary permits and authoriza- -14- tions which are required in the conduct of its business, includ- ing but not limited to any utility joint use agreements, and any other permits and authorizations to be granted by duly consti- tuted regulatory agencies having jurisdiction over the operation of the system . SECTION 10. Type and Capacity of Equipment to Be Installed . Grantee shall specify in its proposal the type and capacity of the equipment to be installed and Grantee shall advise the City' s Director of Public Works of any changes in this section of its proposal . No changes in the type and capacity of equipment to be installed shall be allowed unless such change is at least equal to or better than that proposed by Grantee in its application . SECTION 11. Operation Standards. The system shall be in- stalled and maintained in accordance with the highest accepted standards of the industry to the end that the subscriber may receive the highest and most desirable form of service. SECTION 12. Supervision by the City. A. Grantee shall construct, operate and maintain the system subject to direction from all of the authorities of the City who have jurisdiction in such matters and in strict compliance with all laws , ordinances, and departmental rules and regulations. B. The system and all parts thereof shall be subject to the right of periodic inspection by the City. SECTION 13. Grantee' s Duty to Remove Its Properties from the Public Streets. A. Following Grantee' s commencement of -1 5- service through and over its system, Grantee shall promptly remove from the public streets where its properties are located all or any part of the facilities so located when one or more of the following enumerated conditions occur: 1. Grantee ceases to operate the system for a continuous period of six (6) months from the date of said cessation, except when the cessation of service is a direct result of a natural or man-made disaster . 2. Grantee fails to construct said system as hereinabove and hereinafter provided . 3. The franchise is terminated or revoked pursuant to notice as provided herein . B. Grantee shall be entitled to receive notice in writing from the City setting forth one or more of the occurrences hereinabove enumerated or such other occurrence hereinbefore or hereinafter provided and shall have ninety (90) days from the date upon which said notice is received to remove such properties as hereinabove required . SECTION 14. Operational Reports. Grantee shall furnish the City' s Director of Public Works with progress reports indicating in detail the area of construction of the system . Such periodic reports shall be furnished at three-month intervals. The first report to be made three ( 3 ) months after the construction commencement date. SECTION 15. Removal of Facilities Upon Request. Upon -16- termination of service to any subscriber, Grantee shall promptly remove all of its facilities and equipment from the premises of such subscriber upon his written request. Such removal shall be at no cost to the subscriber. SECTION 16. Compliance with State and Federal Laws . The Grantee shall at all times comply with all laws and ordinances of the City , the State of Utah, and the federal government or any administrative agency thereof . SECTION 17. Filing Communications with Regulatory Agencies. Copies of all petitions, applications and communications submitted by the Grantee to the Federal Communications Commission, Securities and Exchange Commission , or any other federal or state regulatory commission or agency having jurisdiction in respect to any matter affecting operation, as it specifically applies to the City, shall also be submitted simultaneously to the City by filing the same with the City Attorney. SECTION 18. Restrictions Against Assignment. A. This fran- chise shall not be assigned or transferred either in whole or in part or leased , sublet or mortgaged in any manner, nor shall title thereto, either legal or equitable , or any right, interest or property therein pass to or vest in any person either by the act of Grantee or by operation of law without the prior written consent of the City, which consent shall not be withheld unreasonably. The granting , giving , or waiving of any one or more of such consents shall not render unnecessary any subsequent consent or consents. -17- B . The consent or approval of the City to any assignment, lease, transfer, sublease , or mortgage of the franchise shall not constitute a waiver or release of the rights of the City in and to the streets . C. Nothing in this section shall be deemed to prohibit a mortgage or pledge of the system equipment of any part thereof or a leasing by Grantee from another person of said system equipment or part thereof for financing purposes or otherwise. Any such mortgage, pledge, or lease shall be made only with the prior approval of the board and shall be subject and subordinate to the rights of the City under this Ordinance or applicable law. SECTION 19. Revocation of Franchise. A. In addition to all of the rights and powers reserved or pertaining to the City, the City reserves as an additional and as a separate and distinct power the right to terminate the franchise and all rights and privileges of the Grantee hereunder in any of the following events or for any of the following reasons: 1. Grantee shall by act or omission violate any term or condition of this ordinance and shall within thirty (30) days following written demand by the City to effect such compliance fail to do so. 2. Any provision of this ordinance shall be finally adjudged by a court of law invalid or unenforceable and the City Council further finds that such provision constitutes at that time a consideration material to the continuance of the -18- franchise herein granted . 3. Grantee becomes insolvent, unable, or unwilling to pay its debts or is adjudged a bankrupt or all or part of Grantee' s facilities should be sold under an instrument to secure a debt and are not redeemable by Grantee within thirty ( 3 0) days from said sale. 4. Grantee attempts to or does practice any fraud or deceit in its conduct or relations under the franchise with the City or subscribers or potential subscribers. B. No revocation shall be effected unless or until the City Council shall have adopted an ordinance setting forth the cause and reasons for the revocaton and the effective date thereof. Such ordinance shall not be adopted without thirty ( 3 0) days ' notice prior thereof to Grantee and an opportunity for Grantee to be heard upon the proposed action of said proposed ordinance. In the event such an ordinance is adopted and said ordinance depends upon a finding of fact, such finding of fact as made by the City Council after the hearing provided for shall be conclusive . C. The Grantee shall not be declared in fault or be subject to any sanction under any provision of this ordinance in any case in which performance of any such provision is prevented for reasons totally beyond its control . SECTION 20. Grantee to Have No Recourse . A. Except as expressly provided in this franchise, Grantee herein shall have no recourse whatsoever against the City for any loss, cost, or -19- expenses or damage arising out of the provisions or requirements of the franchise or because of the enforcement thereof by the City nor for the failure of the City to have the authority to grant all or any part of the franchise . B. Grantee expressly acknowledges that upon accepting a franchise, it does so relying upon its own investigation and understanding of the power and authority of the City to grant the franchise . C. Grantee by acceptance of the franchise acknowledges that it has not been induced to enter into the franchise by any under- standing or promise or other statement whether verbal or written by or on behalf of the City or by any other third person concerning any term or condition of the franchise not expressed herein . D. Grantee further acknowledges by acceptance of the fran- chise that it has carefully read the terms and conditions hereof and is willing to and does accept all of the risks of the meaning of such terms and conditions and agrees that in the event of any ambiguity therein or in the event of any other dispute over the meaning thereof, the same shall be construed strictly against the Grantee and in favor of the City. SECTION 21. Failure of City to Enforce the Franchise . No Waiver of the Terms Thereof. Grantee shall not be excused from complying with any of terms and conditions of the franchise by any failure of the City upon any one or more occasions to insist upon or to seek compliance with any such terms or conditions. -20- SECTION 22. Time is of Essence to This Agreement. Whenever this franchise shall set forth any time for any act to be performed by or on behalf of the Grantee, such time shall be deemed of the essence and any failure of the Grantee to perform within time allotted shall always be sufficient grounds for the City to revoke the franchise . SECTION 23. Grantee Will Not Contest Validity of Franchise . The Grantee agrees by the acceptance of the franchise that it will not at any time set up against the City in any claim or preceding any condition or term of the franchise as unreasonable, arbitrary , or void or that the City had not power or authority to make such term or condition , but shall be required to accept the validity of the terms and conditions of the franchise in their entirety. SECTION 24. Rights Reserved to the City. A. Without limi- tation upon the rights which the City might otherwise have, the City does hereby expressly reserve the following rights, powers and authorities: 1. To exercise its governmental powers now or hereafter to the full extent that such powers may be vested in or granted to the City. 2. To grant additional franchises within the city to other persons for the conduct of telephone and telecommuni- cation services under any conditons whatsoever acceptable to the City, notwithstanding the same might later be alleged to be more favorable than the rights granted herein . -21- 3 . To exercise any other rights powers, or duties required or authorized, the City under the Constitution of the State of Utah, the laws of Utah, or the City ordinances. SECTION 25. Extension of City Limits. Upon the annexation of any territory to the City, the right and franchise hereby granted shall extend to the territory so annexed to the extent the City has authority; and all facilities owned , maintained , or operated by the Grantee located within , under, or over streets of the territory so annexed shall thereafter be subject to all terms hereof. SECTION 26. Effective Date. This Ordinance shall take effect upon the date of its first publication. Passed by the City Council of Salt Lake City, Utah, this 3rd day of February , 1987. ATTEST: Y-In hA AdA) 4 "EF EPUTY CITY RECORDER C IRMA Transmitted to Mayor on February 3, 1987 Mayor's Action : February 3, 1987 ATTEST : /.c C T_r`1 bEPUTY'C'ITY RECORDER MAYOR APPROVE® NCB DEPARTMAdT it]C? �L'.3.: R➢� �t'•�e'i!,W _ i:Jt �!�. E /R� �) � � • �i -22- 4!! of i9�. ...• 1987 p � reisriiary 18, SYNOPSIS STATE OF UTAH ) ss. County of Salt Lake ) On the 18th day of February , 19_U personally appeared before me Palmer A. DePaulis and Lynda Domino , who being by me duly sworn, did say that they are the MAYOR and Chief Deputy City Recorder, respectively, of SALT LAKE CITY CORPORATION, and said persons acknowledged to me that said corporation executed the same. resi Salt Lake County, Utah My Comm' sion Expires: -23- A Y , 1 a The foregoing franchise , upon its enactment, is acknowledged and accepted by vans & Sutherland Computer Corporation this � G -d-1 day of 1986. BY Ti tle n S TAT E OF � ) ss. County of ) On the day of , 1986, personally appeared before me L C- N who being by me duly sworn, did say thatshe is the I/P of EVANS & SUTHERLAND COMPUTER CORPORATION, a Utah corporation authorized to and doing business in the State of Utah, and that the foregoing instrument was signed in behalf of said corporation by authority of a resolution of its board of directors; and said person acknowledged to me that said corporation executed the same . AR UBLIC, re ding in Salt Lake County, Utah My Commission Expires : lz - /-3 - F7 r c3 -24- EXHIBIT "A" EVANS & SUTHERLAND LEGAL DESCRIPTION Revised 10/6/86 A RIGHT, UNDER FRANCHISE AGREEMENT, TO USE PUBLIC RIGHT OF WAY FOR THE PURPOSE OF CONSTRUCTING, OPERATING, AND MAINTAINING AN UNDERGROUND COMMUNICATION DUCT LINE; SAID RIGHT OF USE LIMIT BEING 10 FEET PERPEN- DICULARLY DISTANT WIDE AT ALL POINTS FROM THE CENTER OF THE FOLLOWING DESCRIBED SURVEY LINE: Beginning at a point on the north right of way line of Black Hawk Way, said point being 1672.693 feet north, 524.476 feet west and S 41100100" W 90.00 feet, and 54.978 feet to the midpoint of a 70.00 foot radius curve to the right from the city monument at the intersection of Sunnyside Avenue and Arapeen Drive, said point also being N 87*52133" W 3764.398 feet and S 41*00100" W 90.00 feet from the southeast corner of section 3, T1S, R1E, Salt Lake Base and Meridian and running thence S 04000100" East 96.0 feet; thence S 49100100" E 130.00 feet. ,a3 SOUTH MAIN sT. Newspaper Agency Corporation AGENT 67 P.O. BOX 45838 SALT LAKE CITY, UTAH 84145 Zbr halt fakc Zfibune DESERET NEWS FED.TAX I.D.#87-0217663 MORNING &SUNDAY EVENING &SUNDAY Affidavit of Publication Hereby certify that the attached STATE OF UTAH. advertisement of SYNOPSIS of SLC ORD 8 1987 SS. for SALT LAKE CITY CORP CITY RECORDER was published by the County of Salt Lake NEWSPAPER AGENCY CORPORATION, AGENT FOR THE SALT LAKE TRIBUNE and DESERET NEWS, daily newspapers printed in the English T" � ,., language with general circulation in Utah, and published in Salt Lake City, Salt Lake County in the State of Utah. PUBLISHED ON FEB 18 1987 pi at�ls �o I SUBSCRIBED AND SWORN TO BEFORE ME THIS 26th DAY OF E R CRY'15$T— er- dHteYrtoto%onUloh,.i�te act. pre ;o 0-•priv to Rte ,ba ailvctr / 1���'t� ctpCratgnd,ma nto[n f� ✓ pverldndAflWe�':�1he`'td rt0 � NOTARY PUBLIC 0ebcl' q Hy „>>itYeets al A;V3 '�5�,cables, and<an er4r, U-00 4ond�tttsj)n conne lon4w fh.1* tei pM- , `. tnunkanon: ,z = MARCH 1, 1988 oplR8rp3►le,0►di o C F COMMISSION EXPIRES yrTgow,ly id TO� � �� M11 shall � . P3syEDrearii6rv'y7; i . LEGAL ADVERTISING INVOICE ACCOUNT NAME AD NUMBER TELEPHONE SALT LAKE CITY CORP CITY RECORDER P-8 535-7671 CUST. REF. NO. SCHEDULE MiSC.CHARGES N FEB 18, 1987 10.00 CAPTION SIZE TIMES RATE AD CHARGE SYNOPSIS OF SLC ORD 8 1987 37 AGATE LINES 1 .78 28.86 DUE AND PAYABLE ON RECEIPT OF THIS INVOICE TOTAL AMOUNT DUE 38.86 FOR BILLING INFORMATION CALL 801-237-2796