Loading...
HomeMy WebLinkAboutRES 19-276RESOLUTION NO. 19-276 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute a Public Right -of - Way Use Agreement with Fiberlight, LLC, of Alpharetta, Georgia, for the placement of 99,220 linear feet of fiber optic cable in the public right-of-way at Martin Elementary School, Vincent Middle School, Pathways Learning Center, Amelia Elementary School, Early College High School, Bingman Pre-K School, Blanchette Elementary School, Caldwood Elementary School, Sallie Curtis Elementary School, Fletcher Elementary School, and Jones -Clark, Elementary School with a fee in accordance with Chapter 283 of the Texas Local Government Code. The agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 3rd day of December, 2019. Mayor Becky Ames - PUBLIC! FJGHT-OF-WAY USE, AGREEMENT THE STATE OF TEXAS COUNTY OF jEFFERSON WFIEREAS, Fiberlight LLC desires to use certain public right -or -way Within the City of Deaumont for the purposes set forth below; and., WHEREAS, it is the Position of the City of Beaumont that Fiberlight LLC in -List obtain a license in order to use the public right -Of -way; and, W1413-REAS, the City Couiicil Of the City of Beauniont has det inedthatit'erill ,� appropriate to make the following agreement with Fiberlight LLC; aiid NOW, THEREFOR; The City of Beaumont, hereinafter called "City" -for and in consideration of the receipt of good and valuable consideration, as set out " Pully, her6fil More hereby agrees with Fiberlight LLC that Fiberlight LLC :may Jay, maintain, operate replace or remove fiber optic and related appurtentant facilities used to. provide telecommunications services. including dark fiber for the transportation of coininunications (the "system") in, on, under or across the streets, alleyways a ents anti -easem situated hi the City of Beaumont Jefferson County, Texas, as more specifically W out in the. Permit dtawings and subject to the following qpnditiolis: (a) The system shall be installed in such a mamer as has been approved by the City Engineer gild/or the Texas Dep0trnent of Transportatio' , if. applicable, so that the finished Installation shall, in no way, interfere with the use of the public streets and alleys by ;he &blid. Perinits shall be obtained b Fiberlight LLC or Fiberlight LLC contractor Rohl the Public y 11tr. Works Department of the City prior to any i nstallatiop, maintenance or '01n, r oval requiring excav4tloti. The systein shall be buried at a death of '116 less than thifty (3 0) .inches unless otherwise authorized by the City Engineer and/or the Texas EXHIBIT "A" Department of Transportation, if al lilicable: Tlie system is to be installed a minimum of thirty-six inches (36") below the existing flow line of the adjacent. drainage* ditch, when crossing or placed in said ditch. Fiberlight LLC will notify the Public Works Departnieiit of the 'City of Beaumont prior to installation of the system under this agreement, and shall obtain City permits at a cost not to exceed a one-time charge of Teri Dollars ($10) plus Five Dollars ($5) for each clay of construction., (c) The installations and operation of the system shall . not interfere with the natural drainage in that area nor with the drainage system of the City; nor 'with sanitary sewer lines, water lines, or other facilities. (d) The system shall be installed in such a mariner as to provide a twelve (12) inch vertical clearance raid a thirtyrsix (36) Bich Horizontal clearance with existing water or sanitary sewer lines. All excavations withilt :the right -of way shall be backfilled in accordance With City Standards. All suiplus material shall be removed from the right- of-way,. (1) 1✓Xcavations hecessary for the installation, repair or .maintenance of the system shall be performed in such a manner .as will : cause the 'least inconvenience to the public and Fiberlight. LLC shall promptly restore to as good a c6tidition as be_ fore and to the reasonable satisfaction of the City Engineer and/or the Texas Department of Transportation, all streets, alleys, or easements, excavated by it, (g) Thp sysemn.i will be. installed in accordance with the drawings approved by the City and to. the spcaifications which set out. the specific location, depth, method :of construction, etc.; of the installation. (li) Construction along madways slide be performed n suth a rrmnnor that excavated materials shall create the minimum hazard and obstruction, All Property where .operations are pet{f0riiied will be resiored to original condition or Metier. The cost of any repairs to road surface; roadbed, structures or other light -of --way features as a result of this in will be borne by the owner of the system. (.) t Any installation 'which takes place in, on, tender, above, or across property which is not owned by the City or not a City easement or right-of-way shall require additional permission by -the owners) of the property involved. Approval of this license agreement excludes permissioji'to do any installation on property which is not owned by the City ofBeaumont, (j) Barricades, warning sighs, lights, and flagmen will be provided and .2 installed in accordande With the Texas Manual of Unliforni Traffic Control Devices. (current. edition) by Fiberlight LLC contractor whe-n, in the opini of tho City Engineers, such is necess for the safe installation of lon 0 sary the system, Fibbrlighi LLC or its contrgetor will provide sul6eivisioii of the work which is knowledgeable in n the standards referred to, above, -c Nothing herein is to be;onstrued as prohibiting the use by Fiberlight LLC or its contractor of additional -barricades, warning signs and lights or flagmen as be necessary. In the -event Fiberliglit LLC or its contractor does not comply with the Barricading stan&rds, the, City Engineer may order Fiberlight LLC and its contractor to stop work- but only until compliance is achieved, (k) City reserves the right to lay and to peewit to be laid 9CW4 gas, water and oilier pipes and cables, and to, do Or permit to be. 'do' e.any municipal underground work that may.. be deemed to be necessary or . proper by City in., across, along, or under any of the streets, alleys and e.as men , and t o ts .0 cliange any curb or sidewalk or the grade of any of said streets. hi doing or perillitting any such work, the City of Beaumont shall not. be liable to- Fiberlight LLC for any . damage . nage occasioned; it b6i'ng . . e . o und rst 6d that nothing herein shall be construed as f6reclosing Fiberlight LLC rights to recover damages 'against any contractor or third party Who may be respo nsible for.damages to Fiberlight LU.facilities. (1) If the City requires Fiberlight LLC to remove, altier chaiqge, adapt,.or eonf'biiii its facilities because of changes in the grade of a' -street or In the location or manner of constructing a Water pipe, sewer pipe, or other underground or aboveground structure owned by the City, ity, -on alternative tight -of way provided by the City, Fiberlight LLC shall make . the. alterati ons of changes as soon as pra6ti.cab].6 When ordered in writing by the City,, without claim for reimbursement. or damages against the City at no add ltionolchargp to Fiberlight LLC. If these 'requirements impose a financial bardship on Fiberlight LLC, Fiberlight LLC shall have the A lit to present alternative proposals fof the City's consideration. If- tile City requiresFibMight LLC to reni6w, alter, . change, adapt .or co1if6ffiiJt.s facilities to enable any other corporation,or person, except the City,* to use, or to use with greater convenienny public right -of way, lit Fiberli e w ice, a 11 ' : 9. LLC', shall not be required to make any such change' until such other corporation or person shall have widertaken, wi Itli solvent bond, to keimburse Fiberlight LLC for any loss and expens6 which will be caused by or arise out of such removal, -alteration, change, adaptation or conformance of Fiberlight LLC -facilities; provided City however, the C shall never lie liable for such r6imbursemOnts. (m) Fibarlighi LLC shall indemnify, save aid hold harmless the City of T Beaumont from any and all claims for 111JI.Iries and dama&s to Pe Mons or property. oceasiQried by or arising 'out of the installation, innainteniahee, operation, repair or ren oval of the system by Fiberlight LLC; except to the extent arising from the sole negligence, or; wanton conduct or dross negligence of the City of Beaumont, its employees or agents. Neither party shall be liable to the other for any consequential; special, or indirect damage hereunder. (n) If the system or any part thereof installed by Fiberlight LLC shall be in any respect damaged or ini.ured by the City or any tAiblie entity in connection with any construction or maintenance of any public facility; Fiberlight LLC shall not be entitled to prosecute or maintain a claim against the City ofsuch public agency utilcas such damage is Qccasoned by the City or such public agencies wantonconduct or gross negligence. However, nothing contailned ' in this paragraph 'shall_ prevent Fiberliglit LLC: from prosecuting or maintaining a claim against a private contractor employed by tht City or such entity. (o) Recovery by Fiberlight LLC for damages that occur to Fiberlight LLC facilities, as a .result of an at joining residential homeowner's attempt to construci improvements to his frontage shall be lirnitecl to actual damages only aiid no loss of revenue as daniages. any ;additional cost shall be bonne by Fiberlight LLC. (p) The system shall be niaintgitied and olieiated in such a mantiet as to cause no damage to public facilities. Damage to public facilities occasioned by such mairitcnatnce mid operation shall beat Fiberlight LLC: exp rise. Such dabi4ges shall be 1.1mited to. actual darilages and no less 'of revenue damages. (q) Fiberlight LLC. contractors shall furnish the City with a oerti�IC ate of . insurance issued by an insurer acceptable to the " C.'ity showing that the permitted has in force, and will maintain in force during the construction of the system, liability insurance of not less than $1,000,000 for any one accident and property damage insurance of not less than $1,000,000, or to applxeable. City insurance requxrenient the tnof.orstrupi,alon. Sikh insurance shall be maintained in °force during the life.of the project and no iniodi#ications or (tha. I e of hisufanee coverage and provisions shall be made without ten (10) days written advance notice to the City. (r) Fiberlight LLC shall snake payment to the City of Beaumont in accordance with Chapter 283 of the Texas Local Government Code. (s) Actual expenses of inspection incurred by the City in connection with maintenance of the system by Fiberlight LLC (except as provided in Paragraph k) shall be reinnibursed to the City by Fiberlight LLCupon 11 written iequb9t therefore, which shall include evidence of such costs. Fiberlight LLC agrees that it shall matk the location of its system within seve.tIty-two Q ) hours after receipt notification -of pto osed . ! of. i - i) , construction. Fiberlight LLC maintains a toll -free telephone number to be called for location of the system. Should FibMight LLC fail to locate the System for the City within'. sevonty-Wo (72)' hours of request duly acknowledged, Fiberlight LLC shall pay 4 late charge of Five Hundred Dollars ($500) per day. In the event of a'dispute p or ing onc m notice, Fiberlight LLC audio tape of telephone inessages shall provide proof of be inade available upon request. .110tifloation, Which tapes will Alternatively, nonce may lie shown by delivery of a certified letter to Fiberlight LLC, (u) Fiberlight LLC, at no cost to the City, shall keep in the City and make available upon request,. coinplete "as built" drawings leanly fi). sho w locations anddepth of all facilities. Such drawings shall be provided to the City within sixty (00) days after completion pr oject. Vleti noftheproj (v) This agreement Inay not be assigned by Fiberlight LLC to :any other company or 16gal enti-ty 'without. the prior Written approval by the City of Beaumont's Public Works Director, except that Fiberlight LLC niay assignits rights and, obligations under this 4gyepnient to Fiberlight LLC's i'g parent, SuNMW� affiliate or successor entity Without such consent; o loijg as the parenti subsidiary, affiliate or successor (1) assumes all obligo.tions of Fiberilglit LLC under this agreeine4t; and (2) is bound to the same extent as Fiberlight LLC, acid (3') the. City is notified of the assignment -within sixty (60) days and Is furnished:a written docutnent within which the assignee assttihes all 6b igatio s: tnAer this license. $a a consent by the City shall not be unreasonably withhold. (w) Should any other coxnpany or legal entity; other than FibefliWit LLC or Fiber -light UC's parent, subsidiary, aMliate- or successor as authorized in section (V), use the syste-nin -i .. stalled wider this. pgrdenient under the, rights granted herein without notification of the City of 8eduinoiit's Public Works Director, such use shall be a violation of this agreement and Fiberlight LLC will c.dase all use of th6 systenn and the City may take steps necessary to enforce a cancellation of this agreement, including removal of some portion or all of the systej.11 upon thirty (30)day' days written. notice to Fiberlight LLC, itsb)subsidiaries, affiliates or successors. cessors, Tho City shall .give Viberlight LLC written notice of any -Violation of this agreement, If Wri Fiberlight LLC falls to correct such Violations witj).in sixty (60) days of such notice; this 3 agreement shall be finniediately. terminated Upon said sixiieth day. Any notice to be giv - ell hereunder by either party to the other inay be aft-leoted ether by personal delivery in, writing or by registered or certified mail, postage prepaid with return receipt requested, Mail notices shall be addressed to the addresses of the parties as follows: City of Beaumont Public Works ep D artment . PO Box 3827 Beaumont; Texas 77704 (409) 880-31725 FiberlIght UC LLC 11700 Great Oaks Way Suite' 100 Alpharetta, GA 30022 (727) 919-6005 NOTICE PURSUANT TO PARAGRA ' PH "S" SHALL BE GIVEN AS FOLLOW: The above -stated addresses may be changed to such addresses as the parties may from time to time designate by written notice. Commencement of work on., the fiber optic system by Fiberlight LLC after the date of this agreement shall be construed as evidQnce of riberlig 1t LLC- acceptance. and approval of the conditions above set forth. This agreement shall be governed by and construed in accordance with thelaws of the Mate of Texas., including, but not limited to Chapter 283 of the Texas Governinent Code. This agreement embodies the entire agreement between the parties hereto and supersede s all prior agreements and understandings,, if aily, relating to the matters addressed herein. This agreement i.-nay be amended or supplemented only by a written instrument executed by both parties. ffINTR'NTIONALLY LEFT BLANK) 2 IN WITNESS WHEREOF, the City of Beaumont, Texas, ha's caused these presents to be signed by its City Manager and the seal of the City to be herewith affixed by the City Clerk, th s - day of , 2019. ATTEST, .....__.._...-- City Clerk ATTEST: Randall J Covard Corporate Counsel FlberUght, LLG 7 CITE.' OF BEAUMONT UN Kyle Hayes, City Manager NBERLIGHT LLC Don MacNeil Title: Chief Executive Officer /tFa:'F3C� 'F,L5 PUBLIC RIGHT-OF-WAY USE AGREEMENT THE STATE 'OF TEXAS COUNTY OF JEFFERSON § WHEREAS, Fiberlight LLC desires to use certain public right-of-way within the City of Beaumont for the purposes set forth below; and, WHEREAS, it is the position of the City of-Beaumont.that Fiberlight LLC must obtain a license in order to use the public right-of-way; and, WHEREAS, the City Council of the City of Beaumont has determined that it is appropriate to. make the following agreement. with Fiberlight. LLC; and, NOW, THEREFOR; The City of Beaumont; Hereinafter called "City" for and in consideration of the receipt of good and -valuable conside •ation,. as set out more fully herein,,heieby agrees with Fiberlight LLC that Fiberlight LLC may lay, maintain, operate, replace or remove .fiber optic and related appurtentant facilities used to provide telecommunications services, including dark fiber for the transportation of -communications (the "system") in, on, under or across the streets, alleyways and easements situated in the City of Beaumont, Jefferson County, Texas, as more specifically set out in the permit drawings and subject to the following conditions (a) The system shall be installed in, such a manner as has been ;approved by - the City Engineer and/or the Texas Department of Transportation, if applicable, so that the finished installation shall,,. -in no way, interfere with the use of the public streets and alleys by the public. Permits shall be obtained by Fiberlight LLC or Fiberlight LLC contractor from the Public Works Department of the City prior to any installation, maintenance or removal requiring excavation. (b) The system shall be buried at A depth of no less than thirty (30) inches unless otherwise authorized by the City Engineer and/or the Texas 1 Department of Transportation, if applicable. The system is to be installed a minimum of thirty-six inches- (36") below the existing flow line of the adjacent. drainage. 'ditch, when crossing or placed in said ditch. Fiberlight LLC will notify the Public Works Department of the City of Beaumont prior to -installation of'the system under this agreement, and shall obtain City permits at a. cost not to exceed -a one-time charge, of Ten Dollars ($40). plus Five:Dollars ($5)7,for each day iof construction. (c) The- installation_ and operation of the: system shall, not interfere with the natural drainage in that area nor with the drainage system .of the City, nor with sanitary sewer lines, water lines, or other,facilities. (d) The system shall be installed `in such. a maim&r, as to provide a twelve (12). inch vertical clearance and a thirty-six (36) inch horizontal clearance with existing water or sanitary sewer lines. All excavations within the right -of way shall be. backfilled in accordance with City Standards. All suiplus.mateAal shall be removed from the right- of-way. (f). Excavations necessary for the installation, repair or maintenance of the system shall be performed in such a manner as will cause the least inconvenience to the public and Fiberlight LL.0 :shall promptly restore to as good a condition as -before and to the reasonable satisfaction of the City Engineer acid%or the Texas Department of TranspoiIatioil, ,all streets, alleys, or easements; excavated by it. (g) The system will be installed in accordance with. the _drawings approved by the City and to the specifications which set out the specific location,. depth,. method of construction, etc., of the installation. (h) Construction along, roadways shall be performed in such a manner that excavated.; materials shall create the miniinuin.hdzard and obstiliction..All property where .operations ,are, performed will be restored to original. condition. or. better. The cost of any repairsJo. road surface, roadbed, structures or, other right-of-way features as a result of this installation will be borne by the owner of the system. (i) Any in which takes place in, on, under, above, or across property which is not owned by the City or not a City easement. or right-of-way shall require, additional permission 'by the owners) of the, property involved. ,Approval of this. license agreement, excludes permission to do any installation on property which is not owned by. the City of Beaumont. (j) Barricades, warning Signs; lights, and flagmen will be provided and 2 installed in. accordance with the Texas Manual of Uniform Traffic Control Devices. (current edition) by Fiberlight LLC .contractor when, in the opinion of the City Engineers, such is necessary forr the safe.installation of the system. Fiberlight :LLC or its contractor will provide supervision of the work- which is knowledgeable in the .standards referred. to above. Nothing herein is to be construed as prohibiting the use by Fiberlight LLC Or its contractor of additional barricades,. warning, signs, and lights or flagmen as be necessary. In the. event Fiberlight LLCor its contractor: does not comply .with the barricading standards,. the City Engineer may order .Fiberlight LLC' and its contractor to stop work; but only until compliance is achieved. (k) City reserves thefight- t; to, lay and to pernut to be laid sewer, gas, water and other pipes and cables, and to do or permit to be done .any .municipal underground work that may be deemed to be necessary or -proper by 'City in,. across; along, or under any of the streets, alleys and easements, and to change any curb or sidewalk .or the grade of any of said streets. In doing or permitting any such work, the City of Beaumont shall not be liable to Fiberlight LLC for any damage occasioned; it being understood that nothing herein shall be construed as foreclosing. Fiberlight LLC rights to recover damages against any contractor or third party who may be responsible for damages to Fiberlight LLC.facilities. (1) If the City requires Fiberlight LLC to remove, alter, change, adapt, or conform its facilities because of changes in the grade of a street or in the location• or manner; of constructing; a water pipe, sewer pipe, or, other underground or aboveground structure owned by the City; -on alternative right-of-way provided by :the City, Fiberlight LLC shall make the alterations or changes as soon as practicable'when orderedin writing by the City; without claim for reimbursement or damages against the City.at no,additional.. charge .to Fiberlight LLC. 'If these requirements impose, a frnancial:.lardship on Fiberlight LLC,, Fiberlight LLC shall have the right. to present alternative proposals for the City'.s consideration. If -the City requires Fiberlight LLC to remove, alter, change, adapt or conform its facilities to -enable any other corporation or person, except the City, to use, or to use with greater convenience, any public right -!of -way, Fiberlight LLC shall not bei required to make any such changes until such other corporation or person ,shall have widertaker�, with solvent. bond, to reimburse Fiberlight LLC for any loss and expense Which. will be caused by .or arise: out of such removal, alteration;: change, adaptation or conformance of Fiberlight LLC facilities; provided, however, the City shall never�be.liabfe for such reimbursements. (m) Fiberlight LLC shall indemnify, save and. hold harmless the City of Beaumont from any and all claims for injuries and damages to persons or property occasioned by or arising out of the installation, maintenance, operation, repair or removal of the system by Fiberlight LLC,, except to the extent arising from. the sole negligence, - or wanton conduct or gross negligence of the City of Beaumont, its employees, or agents. Neither party shall be liable to the other for any consequential; special, or indirect damage hereunder. (n) If the system or any pant .thereof installed by 'Fiberlight LLC shall be in any respect damaged or injured by the City or any public entity in connection with any construction or maintenance of any public facility, Fiberlight LLC shall not. be entitled to prosecute or maintain a claim against. the City, or such public agency unless -such damage is .occasioned by the City or such °public. agencies. wanton conduct of gross negligence. However,, nothing contained in this paragraph. shall prevent Fiberlight LLC` from prosecuting or maintaining a claim against a private contractor employed by the City or such entity. (o) Recovery by Fiberlight LLC for damages that occur to Fiberlight LLC facilities,, as a result, of an adjoining. residenti'al homeowner's attempt to construct improvements to his frontage shall be limited to actual damages only and. no loss of "revenue as damages. Any additional cost shall be borne, by Fiberlight LLC. (p) The system shall be. maintained and operated m4such a manner as to cause no damageto public facilities: Damage to public facilities occasioned by such maintenance and operation shall be.at:.Fiberlight LLC expense. Such damages shall be limited to actual damages and no loss of revenue damages.. (q) Fiberlight LLC contractors shall furnish the City with a certificate of insurance issuedby aninsurer acceptable 'to, the City, showing that the permittee has in force, and will maintain in force .during -the construction of the •system, liability insurance of not less. `than $1,000000. for any one accident and properly damage insurance of not less than $;1.,000,000, or'to. applicable City insurance requirements, at the time of such construction. Suchinsurance shall be 'maintained in force. during the .life of the. project and no modifications or change of insurance coverage and provisions shall be.made without ten (10) days written advance notice to the City. (r) Fiberlight LLC shall make payment to the: City of Beaumont in accordance with Chapter 283 of the Texas Local Government Code. (s), Actual expenses of inspection incurred by the. City in connection with .maintenance of the. -system by Fiberlight LLC (except as provided in Paragraph k) shall be reimbursed to the .City 'by Fiberlight LLC upon 4 written request therefore, which shall include -evidence of 'such costs._ (t) Fiberlight. LLC agrees that, it shall mark the location of its system within seventy-two (72) hours after receipt of notification of proposed construction: Fiberlight LLC maintains a toll -flee telephone number to be called for location of the system. Should Fiberlight.-LLC.: fail to locate the system for the City within seventy-two (72) ..hours of request duly, acknowledged, Fiberlight LLC 'shall pay a late. charge of Five Hundred Dollars ($500) per day. In the event of a dispute concerning notice, Fiberlight LLC audio tape of telephone messages shall provide proof of notification; whch tapes will be made -available upon request. Alternatively, notice may be shown by delivery of a certified letter to Fiberlight LLC. (u) Fiberlight LLC, at no cost to the City, shall, keep in the City and make available upon request, complete "as built" drawings clearly showing locations and depth of ,all facilities. Sucli .drawings shall be provided to the City within sixty (60) days after completion -of the project. (v) This agreement may not be assigned by Fiberlight LLC to any other company o_r` legal :entity without the prior written approval by the City of Beauniont.''s Public Works Director,. except :that: Fiberlight LLC may assign its rights and obligations under this agreement. to Fiberlight LLC'.s parent; subsidiary, affiliate or successor entity without. such consent, so long as the parent, subsidiary; affiliate or successor (1) assumes all obligations- of Tiberlight LLC wider tlus agreement; and (2) is bound to the same extent as Fiberlight. LLC, and (3) the City is. notified of the assignment within sixty (60) days and is furnished a written document within which the.assignee assumes all obligationg:underthis license. Said consenfby the City shall not be unreasonably withheld: (w) Should any other company or legal entity, other than Fiberlight LLC or Fiberlight LLC's parent, subsidiary, affiliate, or. successor as authorized in section (v), use the system installed under this agreement under. the rights granted herein without notification of .the City, of Beaumont's Public Works Director, such .use shall be a violation of this agreement and Fiberlight-:LLC will, cease all use of .the systemand the City may take steps necessary :to enforce a cancellation of this agreement, nirliAng removal of some portion or all of the system upon thirty%_(30) days. written notice to Fib.erlight.LLC, its subsidiaries,, affiliates or successors. - The City shall. give Fiberlight LLC written notice of any violation of this agreement. If Fiberlight LLC fails to correct .such violations within sixty (60) days of such notice, this 5 agreement shall be immediately terminated upon said sixtieth- day. Any notice to' be given hereunder'by either party to the other may be affected. either bypersonal delivery in. writing or by registered or certified mail, postage prepaid with return receipt -requested. Mail notices shall be addressed to the addresses of the parties as follows: City of Beaumont Fiberlight LLC LLC Public Works Department 1.1700 Great Oaks Way PO Box 3:927 Suite 100. Beaumont, Texas 77704 Alpharetta, GA 34022 (409) 880-5725 (727) 919-6005' 'NOTICE PURSUANT TO PARAGRAPH "S" SHALL BE GIVEN AS FOLLOW: The above -stated addresses may be changed to such addresses as the parties may from time to time designate by written notice. Commencement of,woik. on the fiber optic system by Fiberlight LLC after the date of this, agreement shall be -construed as. evidence of Fiberlight LLC acceptance and approval of the conditions above set forth. This agreement shall be: governed by and construed in accordance with the 'laws of the State of Texas, including,: but riot limited to Chapter 283 of thei Texas. Government Code. This agreement. embodies the entire agreement between the parties hereto and supersedes all prior agreements °and understandings, if any, relating to the matters •addressed herein. This agreement may be amended or supplemented only by a written instrument executed by both parties. {INTENTIONALLY LEFT BLAND} rej IN WITNESS WHEREOF, the City of Beaumont, Texas; has caused these presents to be signed by its City Manager and the seal of the City to be herewith affixed by the City Clerk, this day of DfCC , 2019. A EST: City Clerk ATTEST: w Randall J Covard Corporate Counsel FiberLicght, LLC 7 CITY Off+ 13EAUMONT By: Kyfe'Hayes, City Manager >FIBEldLIGRT ILLC ByZ2 - Don MacNeil Title: Chief'Executive Officer Phase One will include the following l l Beaumont ISD schools: Martin Elementary Vincent Middle School Pathways Learning Center Amelia Elementary Early College High School Bingman'Pre-K Blanchette Elementary Caldwood Elementary Sallie: Curtis Elementary Fletcher Elementary Jones -Clark Elementary 8