HomeMy WebLinkAboutRES 14-142RESOLUTION NO. 14-142
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute an agreement with Air
Comfort, Inc., of Beaumont, Texas, for the placement of 170 linear feet of fiber optic cable
in the public right -of -way from their existing location at 625 North Main Street to their newly
constructed building located at 590 North Main Street for an initial application fee of $500,
an inspection fee of $500.00, and an annual fee of $1.75 per linear foot wherein said
parties shall confer and negotiate in good faith on a new annual fee rate in 2020, to
become effective January 1, 2021 and every ten (10) years thereafter. The agreement is
substantially in the form attached hereto as Exhibit "A" and made a part hereof for all
purposes.
2014.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 1 st day of July,
U
LU
Olayor'Becky`Ames -
PUBLIC RIGHT -OF -WAY USE AGREEMENT
THE STATE OF TEXAS
COUNTY OF JEFFERSON
WHEREAS, Air Comfort, Inc. 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 Air Comfort, Inc. 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 Air Comfort, Inc.; and,
NOW, THEREFOR;
The City of Beaumont, hereinafter called "City" for and in consideration of the receipt of
good and valuable consideration, as set out more fully herein, hereby agrees with Air Comfort, Inc.
that Air Comfort, Inc. 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 set forth in Exhibit "A" and situated in the City of Beaumont, Jefferson
County, Texas, as more specifically set out herein 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 Air
Comfort, Inc. or an Air Comfort, Inc. 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
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
EXHIBIT "A"
adjacent drainage ditch, when crossing or placed in said ditch. Air Comfort,
Inc. 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 ($1a) plus
Five Dollars ($5) for each day of 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 manner 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 surplus material 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 Air Comfort, Inc. shall promptly restore to
as good a condition as before 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) 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 mariner that
excavated materials shall create the minimum hazard and obstruction. All
property where operations are performed will be restored to original
condition or better. The cost of any repairs to 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.
(r) Any installation 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 owner(s) 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
installed in accordance with the Texas Manual of Uniform Traffic Control
Devices (current edition) by an Air Comfort, Inc. contractor when, in the
opinion of the City Engineers, such is necessary for the safe installation of
the system. Air Comfort, Inc. 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 Air Comfort, Inc.
or its contractor of additional barricades, warning signs and lights or
flagmen as be necessary. In the event Air Comfort, Inc. or its contractor
does not comply with the barricading standards, the City Engineer may
order Air Comfort, Inc. and its contractor to stop work; but only until
compliance is achieved.
(k) City reserves the right to lay and to permit 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 All'
Comfort, Inc. for any damage occasioned; it being understood that nothing
herein shall be construed as foreclosing Air Comfort, Inc. rights to recover
damages against any contractor or third party who may be responsible for
damages to Air Comfort, Inc. facilities.
(1) If the City requires Air Comfort, Inc. 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, Air Comfort, Inc. shall make the
alterations or changes as soon as practicable when ordered in writing by the......
City, without claim for reimbursement or damages against the City at no
additional charge to Air Comfort, Inc. If these requirements impose a
financial hardship on Air Comfort, Inc, Air Comfort, Inc. shall have the
right to present alternative proposals for the City's consideration. If the
City requires Air Comfort, Inc. to remove, alter, change, adapt or conl:orm
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, Air
Comfort, Inc. shall not be required to make any such changes until such
other corporation or person shall have undertaken, with solvent bond, to
reimburse Air Comfort, Inc. for any loss and expense which will be caused
by or arise out of such removal, alteration, change, adaptation or
conformance of Air Comfort, Inc. facilities; provided, however, the ON
shall never be liable for such reimbursements.
(m) Air Comfort, Inc. 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 Air Comfort, Inc, 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 part thereof installed by Air Comfort, Inc. 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, Air
Comfort, Inc. 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 or gross negligence.
However, nothing contained in this paragraph shall prevent Air Comfort,
Inc. from prosecuting or maintaining a claim against a private contractor
employed by the City or such entity.
(o) Recovery by Air Comfort, Inc. for damages that occur to Air Comfort, Inc.
facilities, as a result of an adjoining residential homeowner's attempt to
construct improvements to his frontage shall be Iimited to actual damages
only and no loss of revenue as damages. Any additional cost shall. be
borne by Air Comfort, Inc.
(p) The system shall be maintained and operated in such a manner as to cause
no damage to public facilities. Damage to public facilities occasioned by
such maintenance and operation shall be at Air Comfort, Inc. expense.
Such damages shall be Iimited to actual damages and no loss of revenue
damages.
(q) Air Comfort, Inc. contractors shall furnish the City with a certificate of
insurance issued by an insurer acceptable to the City showing that the
pern:ittee 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
applicable City insurance requirements, at the time of such construction.
Such insurance 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) Air Comfort, Inc. shall make payment to the City of Beaumont as follows:
• initial agreement fee of $500, payable upon execution of this
agreement;
• annual fee of $1.75 per linear foot in the City right -of -way
which sums shall be upon execution of agreement and each
year thereafter. Said parties shall confer and negotiate in
11
good faith on a new rate in 2020, to become effective
January 1, 2021 and every ten (10) years thereafter.
• inspection, engineering and other costs during the period of
initial construction in the amount of $500.00, payable upon
receipt of invoice.
(s) Actual expenses of inspection incurred by the City in connection with
maintenance of the system by Air Comfort, Inc. (except as provided in
Paragraph k) shall be reimbursed to the City by Air Comfort, Inc. upon
written request therefore, which shall include evidence of such costs.
(t) Air Comfort, Inc. agrees that it shall mark the location of its system within
forty -eight (48) hours after receipt of notification of proposed construction.
Air Comfort, Inc. maintains a toll -free telephone number to be called for
location of the system. Should Air Comfort, Inc. fail to locate the system
for the City within forty -eight (48) hours of request duly acknowledged, Air
Comfort, Inc. shall pay a Iate charge of Five Hundred Dollars ($500) per
day. In the event of a dispute concerning notice, Air Comfort, Inc. audio
tape of telephone messages shall provide proof of notification, which tapes
will be made available upon request. Alternatively, notice may be shorn
by delivery of a certified letter to Air Comfort, Inc.
(u) Air Comfort, Inc, 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. Such drawings shall be provided to the
City within sixty (60) days after completion of the project.
(v) This agreement may not be assigned by Air Comfort, Inc. to any other
company or legal entity without the prior written approval by the City of
Beaumont's Public Works Director, except that Air Comfort, Inc. may
assign its rights and obligations under this agreement to Air Comfort, Inc.
parent, subsidiary, affiliate or successor entity without such consent, so
long as the parent, subsidiary, affiliate or successor (1) assumes all
obligations of Air Comfort, Inc. under this agreement; and (2) is bound to
the same extent as Air Comfort, Inc., 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 obligations under this license.
(w) Should any other company or legal entity, other than Air Comfort, Inc. or
Air Comfort, Inc. 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 Beaurnont's Public Works
Director, such use shall be a violation of this agreement and Air Comfort,
Inc. will cease all use of the system and the City may take steps necessary to
61
enforce a cancellation of this agreement, including removal of some portion
or a] I of the system upon thirty (30) days written notice to Air Comfort, Inc.
The City shall give Air Comfort, Inc. written notice of any violation of this agreement. If
Air Comfort, Inc. fails to correct such violation within sixty (60) days of such notice, this
agreement shall be immediately terminated upon said sixtieth day. Any notice to be given
hereunder by either party to the other may be effected either by personal delivery in writing or by
registered or certified snail, postage prepaid with return receipt requested. Mail notices shall be
addressed to the addresses of the parties as follows:
City of Beaumont
Public Works Department
PO Box 3827
Beaumont, Texas 77704
(409) 880 -3725
Air Comfort, Inc.
Slate Babineaux
625 N, Main
Beaumont, TX 77701
(409) 833 -5665
NOTICE PURSUANT TO PARAGRAPH "S" SHALL BE GIVEN AS FOLLOWS:
The above --,stated addresses may be changed to such addresses as the parties -may, time
to time designate by written notice. Commencement of work on the fiber optic system by Air
Comfort, Inc. after the date of this agreement shall be construed as evidence of Air Comfort, Inc.
acceptance and approval of the conditions above set forth.
This agreement shall be governed by and construed in accordance with the Iaws of the State
of Texas.
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.
6
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
ATTEST:
City Clerk
2014.
THE CITY OF BEAUMONT
By:
Kyle Hayes, City Manager
By:
Title:
ATTEST:
7
EXHIBIT "A"
Air Comfort, Inc.
Contact: Slate Babineaux, Vice President
Cell: 409 -893 -6637
Phone: 409- 833 -5665
Fax: 409 - 833 -3001
Email: s.babineaux a air- con)fQ1 Iinc.coni
Address: 625 N. Main
Beaumont, TX 77701
Fiber Optic Installation
Total linear Feet 170
PUBLIC RIGHT-OF-WAY USE AGREEMENT
THE, STATE OF TEXAS
COUNTY OF JEFFERSON
WHEREAS, Air Comfort, Inc. 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 Air Comfort, Inc. 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 Air Comfort, Inc.; and,
NOW, THEREFOR;
The City of Beaumont, hereinafter called "City" for and in consideration of the receipt of
good and valuable consideration, as set out more fully herein, hereby agrees with Air Comfort, Inc.
that Air Comfort, Inc. 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 set forth in Exhibit "A" and situated in the City of Beaumont, Jefferson
County, Texas, as more specifically set out herein 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 Air
Comfort, Inc. or an Air Comfort, Inc. 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
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
1
adjacent drainage ditch, when crossing or placed in said ditch. Air Comfort,
Inc. 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 ($10) plus
Five Dollars ($5) for each day of 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 manner 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 surplus material 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 Air Comfort, Inc. shall promptly restore to
as good a condition as before 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) 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 minimum hazard and obstruction. All
property where operations are performed will be restored to original
condition or better. The cost of any repairs to 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 installation 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 owner(s) 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
installed in accordance with the Texas Manual of Uniform Traffic Control
Devices (current edition) by an Air Comfort, Inc. contractor when, in the
1)
opinion of the City Engineers, such is necessary for the safe installation of
the system. Air Comfort, Inc. 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 Air Comfort, Inc.
or its contractor of additional barricades, warning signs and lights or
flagmen as be necessary. In the event Air Comfort, Inc. or its contractor
does not comply with the barricading standards, the City Engineer may
order Air Comfort, Inc. and its contractor to stop work; but only until
compliance is achieved.
(k) City reserves the right to lay and to permit 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 Air
Comfort, Inc. for any damage occasioned; it being understood that nothing
herein shall be construed as foreclosing Air Comfort, Inc. rights to recover
damages against any contractor or third party who may be responsible for
damages to Air Comfort, Inc. facilities.
(1) If the City requires Air Comfort, Inc. 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, Air Comfort, Inc. shall make the
alterations or changes as soon as practicable when ordered in writing by the
City, without claim for reimbursement or damages against the City at no
additional charge to Air Comfort, Inc. If these requirements impose a
financial hardship on Air Comfort, Inc, Air Comfort, Inc. shall have the
right to present alternative proposals for the City's consideration.,. If the
City requires Air Comfort, Inc. 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, Air
Comfort, Inc. shall not be required to make any such changes until such
other corporation or person shall have undertaken, with solvent bond, to
reimburse Air Comfort, Inc. for any loss and expense which will be caused
by or arise out of such removal, alteration, change, adaptation or
conformance of Air Comfort, Inc. facilities; provided, however. the City
shall never be liable for such reimbursements.
(m) Air Comfort, Inc. 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 Air Comfort, Inc, 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 part thereof installed by Air Comfort, Inc. 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, Air
Comfort, Inc. 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 or gross negligence.
However, nothing contained in this paragraph shall prevent Air Comfort,
Inc. from prosecuting or maintaining a claim against a private contractor
employed by the City or such entity.
(o) Recovery by Air Comfort, Inc. for damages that occur to Air Comfort, Inc.
facilities, as a result of an adjoining residential 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 Air Comfort, Inc.
(p) The system shall be maintained and operated in such a manner as to cause
no damage to public facilities. Damage to public facilities occasioned by
such maintenance and operation shall be at Air Comfort, Inc. expense.
Such damages shall be limited to actual damages and no loss of revenue
damages.
(q) Air Comfort, Inc. contractors shall furnish the City with a certificate of
insurance issued by an insurer 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 $1,000,000 for any one
accident and property damage insurance of not less than $1,000,000, or to
applicable City insurance requirements, at the time of such construction.
Such insurance 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) Air Comfort, Inc. shall make payment to the City of Beaumont as follows:
• initial agreement fee of $500, payable upon execution of this
agreement;
annual fee of $1.75 per linear foot in the City right-of-way
which sums shall be upon execution of agreement and each
year thereafter. Said parties shall confer and negotiate in
4
good faith on a new rate in 2020, to become effective
January 1, 2021 and every ten (10) years thereafter.
• inspection, engineering and other costs during the period of
initial construction in the amount of $500.00, payable upon
receipt of invoice.
(s) Actual expenses of inspection incurred by the City in connection with
maintenance of the system by Air Comfort, Inc. (except as provided in
Paragraph k) shall be reimbursed to the City by Air Comfort, Inc. upon
written request therefore, which shall include evidence of such costs.
(t) Air Comfort, Inc. agrees that it shall mark the location of its system within
forty-eight (48) hours after receipt of notification of proposed construction.
Air Comfort, Inc. maintains a toll -free telephone number to be called for
location of the system. Should Air Comfort, Inc. fail to locate the system
for the City within forty-eight (48) hours of request duly acknowledged, Air
Comfort, Inc. shall pay a late charge of Five Hundred Dollars ($500) per
day. In the event of a dispute concerning notice, Air Comfort, Inc. audio
tape of telephone messages shall provide proof of notification, which tapes
will be made available upon request. Alternatively, notice may be shown
by delivery of a certified letter to Air Comfort, Inc.
(u) Air Comfort, Inc, 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. Such drawings shall be provided to the
City within sixty (60) days after completion of the project.
(v) This agreement may not be assigned by Air Comfort, Inc. to any other
company or legal entity without the prior written approval by the City of
Beaumont's Public Works Director, except that Air Comfort, Inc. may
assign its rights and obligations under this agreement to Air Comfort, Inc.
parent, subsidiary, affiliate or successor entity without such consent, so
long as the parent, subsidiary, affiliate or successor (1) assumes all
obligations of Air Comfort, Inc. under this agreement; and (2) is bound to
the same extent as Air Comfort, Inc., 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 obligations under this license.
(w) Should any other company or legal entity, other than Air Comfort, Inc. or
Air Comfort, Inc. 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 shalt be a violation of this agreement and Air Comfort,
Inc. will cease all use of the system and the City may take steps necessary to
5
enforce a cancellation of this agreement, including removal of some portion
or all of the system upon thirty (30) days written notice to Air Comfort. Inc.
The City shall give Air Comfort, Inc. written notice of any violation of this agreement. If
Air Comfort, Inc. fails to correct such violation within sixty (60) days of such notice, this
agreement shall be immediately terminated upon said sixtieth day. Any notice to be given
hereunder by either party to the other may be effected either 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
Air Comfort, Inc.
Public Works Department
Slate Babineaux
PO Box 3827
625 N. Main
Beaumont, Texas 77704
Beaumont, TX 77701
(409) 880-3725
(409) 833-5665
NOTICE PURSUANT TO PARAGRAPH "S" SHALL BE GIVEN AS FOLLOWS:
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 Air
Comfort, Inc. after the date of this agreement shall be construed as evidence of Air Comfort, Inc.
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.
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.
6
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 -� �w 2014.
ATTEST:
,,,_L
City Clerk
ATTEST:
THE CITY OF BEAUMONT
Bv:
Kyle Hayes, City Manager
i
Title: P��
EXHIBIT "A"
Air Comfort, Inc.
Contact: Slate Babineaux, Vice President
Cell: 409-893-6637
Phone: 409-833-5665
Fax: 409-833-3001
Email: s.babineaux a,air-comfort-inc.com
Address: 625 N. Main
Beaumont, TX 77701
Fiber Optic Installation
Total Linear Feet 170