HomeMy WebLinkAboutRES 13-062RESOLUTION NO.13 -062
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Council hereby approves an addendum to the Network USA, LLC
agreement, substantially in the form attached hereto as Exhibit "A" and made a part hereof
for all purposes, for the placement of fiber optic cable in the public right -of -way.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 19th day of
March, 2013.
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SECOND AMENDMENT
pUBL I RIGHT -OF -WAY USE AGREEMENT
THE STATE OF TEXAS §
COUNTY OF JEFFERSON §
WHEREAS, Network USA, LLC, and the City of Beaumont ( "City "), collectively referred
to as the "Parties," executed a Public Right -of -Way Use Agreement on September 20, 2005; which
was amended, in part, on November 18, 2010; and
WHEREAS, the Parties desire to amend the original agreement and the First Amendment
Public Right -of -Way Agreement, but only as noted below;
NOW, THEREFOR:
The Parties, for and in consideration of the receipt of good and valuable consideration, as
set out more fully herein, agree to amend that certain Agreement executed by the Parties on
September 20, 2005, entitled "Public Right -of -Way" and First Amended Public Right -Of -Way Use
Agreement (herein after "First Amendment ") as follows:
(a) Network USA, LLC, may lay, maintain, operate, replace or remove a fiber optic
communication system (the "System ") for the transportation of communications in,
on, under, or across the streets, alleyways and easements as set forth in Exhibit "A"
and situated in the City of Beaumont, Jefferson County, Texas.
(b) The map attached hereto as Exhibit "A" includes an additional 11,000 feet of fiber
optic cable more than the 6,597 feet set out in the Parties' original and First
Amendment Agreement. After the foregoing additional cable is laid, Network
USA, LLC, will have a total of 17,597 feet of fiber optic cable within the City of
Beaumont.
(c) The current annual fee per linear foot of fiber optic cable in the City right -of -way is
$1.75 and shall apply to this agreement, All future annual payments shall be due
and payable to the City of Beaumont on January 1 of each succeeding year.
(d) Upon execution of this Agreement, Network USA, LLC, shall make payment to the
City of Beaumont as follows:
additional annual fee for the year of 2013 of $19,250; and
additional agreement fee of $500.00; and
inspection, engineering and other costs during the period of initial
construction called for by this Agreement in the amount of $500.00.
EXHIBIT "A"
(e) All provisions of the original Right -of- -Way Agreement executed by the parties on
September 30, 2005 and First AmendmcM on November 1$, 2010, shall remain the
same and are in full force and effect.
IN WITNESS WHEREOF, the City of Beaumont, Teams, has caused these present to be
signed by its City Manager and the seal ofthe City to be herewith affixed by the City Clerk this the
day of . 2413. Further, Network USA, LLC, has caused taus
Agreement to be executed by its President, James R. Davis.
THE CITY OF BEAUMONT
By:
Kyle Hayes, City Manager
ATTEST:
City Clerk
NETWORK USA, LLC
By A�fiA A/';7 46114—
ames R, Davis, President
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