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HomeMy WebLinkAboutRES 10-302 RESOLUTION NO.10-302 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 16th day of November, 2010. - Mayor Becky Ames - lf FIRST AMENDMENT PUBLIC RIGHT-OF-WAY USE AGREEMENT 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; and WHEREAS,the Parties desire to amend such Agreement,but only as noted below; NOW, THEREFORE: 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"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 375 feet of fiber optic cable more than the 6,222 feet set out in the Parties' original Agreement. After the foregoing additional cable is laid, Network USA, LLC, will have a total of 6,597 feet of fiber optic cable within the City of Beaumont. (c) Pursuant to Paragraph (r) of the original September 20, 2005, Agreement between the Parties, by January 1, 2011, they were to negotiate a new annual fee per Page 1 of 4 G:VUvWV�LAwsu(Ts.QDPv ISCkCOMrRacTSWErwoRK usa.waD EXHIBIT"A" linear foot of fiber optic cable in the City right-of-way. The original rate, which is in effect until December 31, 2011, is$1.35 per linear foot and the new rate shall be$1.75 per linear foot, effective January 1, 2012. The new rate shall be effective until December 31, 2021. Prior to January 1, 2020,the Parties shall confer and negotiate in good faith on a new rate to be effective January 1, 2022. Network USA, LLC, is not required to pay the annual fee on the 375 feet of fiber optic cable noted in the current Agreement until January 1, 2011, at which time Network USA, LLC, shall pay its annual fee on all fiber optic cable within the City of Beaumont. 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: • initial 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. (e) All provisions of the original Right-of-WayAgreement executed bytheparties on September 20, 2005, shall remain and same are in full force and effect. 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 the day of , 2010. Further, Network USA, LLC, has caused this Agreement to be executed by its President, James R. Davis. Page 2 of 4 G:\RMW\LAwsUITs.QDP\MISc\coNTRACTSWETWORKUSA.WPD THE CITY OF BEAUMONT ATTEST: By: Kyle Hayes, City Manager City Clerk NETWORK USA, LLC ATTEST: By: James R. Davis, President Page 3 of 4 G:U ZMWk AWSUITs.QDA1Misc%CONTRACTSWETWORK USA.WPD EXHIBIT "A" NETWORK USA, LLC G:1RMW1 LAwsLnTs.QDPWISCICONTRACTSWFrwam USA.wPD T Q 15lfIN1WM' w. . — L6 -ZZ/ IN If 1 � w \ w F_..._. —WILLOW .F f �� , wl. iQN'JW 15 i%11PN9 J.S'WI Is c., t 4 1_GE p7ER•ST. FIRST AMENDMENT PUBLIC RIGHT-OF-WAY USE AGREEMENT 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; and WHEREAS, the Parties desire to amend such Agreement, but only as noted below; NOW, THEREFORE: 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"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 375 feet of fiber optic cable more than the 6,222 feet set out in the Parties' original Agreement. After the foregoing additional cable is laid, Network USA, LLC, will have a total of 6,597 feet of fiber optic cable within the City of Beaumont. (c) Pursuant to Paragraph (r) of the original September 20, 2005, Agreement between the Parties, by January 1, 2011, they were to negotiate a new annual fee per Pagel linear foot of fiber optic cable in the City right-of-way. The original rate, which is in effect until December 31, 2011, is$1.35 per linear foot and the new rate shall be$1.75 per linear foot, effective January 1, 2012. The new rate shall be effective until December 31, 2021. Prior to January 1, 2020, the Parties shall confer and negotiate in good faith on a new rate to be effective January 1, 2022. Network USA, LLC, is not required to pay the annual fee on the 375 feet of fiber optic cable noted in the current Agreement until January 1, 2011, at which time Network USA, LLC, shall pay its annual fee on all fiber optic cable within the City of Beaumont. 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: • initial 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. (e) All provisions of the original Right-of-Way Agreement executed bythe parties on September 20, 2005, shall remain and same are in full force and effect. 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 the /X day of -A�� , 2010. Further, Network USA, LLC, has caused this Agreement to be executed by its President, James R. Davis. Page 2 THE CITY OF BEAUMONT A TEST: By: ( `" Kyle Hayes, City Manager City Clerk NETWORK USA, LLC ATTEST: c �y. daett�o mes R. 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