FIRST ADDENDUM TO THE MEMORANDUM OF UNDERSTANDING
“License Agreement”
Between The City of Lawrence, Kansas (“The City”)
and
Kansas Fiber Network, LLC ("KFN"), a Kansas limited liability company
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Dated: June , 2015
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This addendum supplements THE MEMORANDUM OF UNDERSTANDING dated June _, 2013, by and between the City of Lawrence, Kansas, a municipal
corporation, and Kansas Fiber Network, LLC, a Kansas limited liability company.
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RECITALS
A. Pursuant to the laws of the State of Kansas and the ordinances of the City of Lawrence, Kansas, the authority to use the Public Rights of Way within the City is vested in the City's reasonable police powers.
B. Pursuant to a License Agreement, dated September 30, 2011, KFN has installed and maintained fiber optic cables in portions of the City's rights of way, traversing roughly from the East Lawrence Exit of the Kansas Turnpike to a facility located in the 700 block of Vermont Street and from that location to the West Lawrence Exit of Kansas Turnpike, for the purpose of completing a portion of a state-wide long-distance fiber optic network. (Copies of the relevant plans and maps showing the route are affixed hereto as Exhibits A, B, and C and are incorporated herein by reference).
C. KFN now wishes to use those fiber optic cables to provide high speed internet service to inhabitants of the City.
D. The City has approved that change of use regarding the use of KFN's fiber optic cable located within the City contingent upon the execution of this document and compliance with its terms and the terms of the parties' Memorandum of Understanding, dated June __, 2015.
TERMS
NOW, THEREFORE, in light of the mutual promises and obligations contained herein, and in exchange for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the City and KFN, the City and KFN agree as follows:
1. Adoption of Recitals. The above recitals are incorporated herein by reference as if set forth in full.
2. Adoption of Memorandum of Understanding. The City and KFN mutually agree that all terms of the Memorandum of Understanding, dated June __, 2015, are adopted herein and incorporated herein by reference as if set forth in full and shall be deemed herein contractual in nature.
3. Use of Fiber Optic Network. The City agrees hereby to permit KFN to change the use of its fiber optic network, located within the City's rights of way, as shown in Exhibits A, B, and C (copies of which are affixed hereto and incorporated herein by reference), for the purposes of providing high speed internet service to the inhabitants of the City.
4. Compensation to the City. As consideration for the grant of this License Agreement, KFN agrees to pay and the City agrees to accept as compensation and sufficient consideration for the grant of this License, annual payments in the amount of $12,500.00. The annual payments shall be in the form of a rent and shall be due in a lump sum on September 30 of each calendar year. Payments received after the due date shall be subject to a late charge of one and one-half percent (1½ %) per month.
5. Term. The term of this License Agreement shall commence the date set forth above and shall run concurrently with and subject to those terms set forth in the Memorandum of Understanding, dated June __, 2015.
6. Former Agreement Superseded. This License Agreement supersedes that License Agreement, dated September 30, 2011 ("Former Agreement"), by and between the City and KFN. The parties agree that the Former Agreement is hereby null and void and that the terms of this License Agreement supersede all terms of the Former Agreement.
IN ALL OTHER RESPECTS, except as expressly modified herein, the terms and conditions of the Memorandum of Understanding shall remain in full force and effect.
IN WITNESS WHEREOF, the undersigned have caused this First Addendum to the Memorandum of Understanding to be executed as of the date noted above.
CITY:
CITY OF LAWRENCE, KANSAS, a municipal corporation
________________________________
DIANE STODDARD
Interim City Manager
ACKNOWLEDGMENT
THE STATE OF KANSAS )
) ss:
THE COUNTY OF DOUGLAS )
BE IT REMEMBERED, that on this ____ day of __________, 2015, before me the undersigned, a notary public in and for the County and State aforesaid, came Diane Stoddard, as Interim City Manager of the City of Lawrence, Kansas, who is personally known to me to be the same person who executed this instrument in writing, and said person fully acknowledged this instrument to be the act and deed of the aforementioned entity.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal, the day and year last written above.
________________________________
Notary Public
My Appointment Expires:
KFN:
KANSAS FIBER NETWORK, L.L.C., a Kansas limited liability company
________________________________
STEVEN DORF
President and CEO
ACKNOWLEDGMENT
THE STATE OF KANSAS )
) ss:
THE COUNTY OF SEDGWICK )
BE IT REMEMBERED, that on this ____ day of ___________, 2015, before me the undersigned, a notary public in and for the County and State aforesaid, came Steven Dorf, as President and CEO of Kansas Fiber Network, LLC, a Kansas limited liability company, who is personally known to me to be the same person who executed this instrument in writing, and said person fully acknowledged this instrument to be the act and deed of the aforementioned entity.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal, the day and year last written above.
________________________________
Notary Public
My commission expires: