SECOND 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: November , 2015
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This addendum supplements THE MEMORANDUM OF UNDERSTANDING dated June 30, 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. The City also owns certain real property within the City of Lawrence, Kansas.
C. Pursuant to a Memorandum of Understanding, dated June 30, 2015, and a First Addendum to the Memorandum of Understanding, dated June 30, 2015, KFN wishes to use its own fiber optic cables and fiber optic cables it leases from the City to provide high speed internet service to the inhabitants of the City.
D. KFN now wishes, in order to further its goal of providing high speed internet service to residents of the City, to install in the City's Rights of Way and on City property fiber optic facilities and, in exchange for that right, proposes to grant to the City ownership in certain fiber optic facilities that it has or will install in the City.
E. The City has reviewed KFN's proposal and has approved the proposed exchange of fiber optic facilities, contingent upon the execution of this document and compliance with its terms and the terms of the parties' Memorandum of Understanding, dated June 30, 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 parties, the parties 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 30, 2015, are adopted herein and incorporated herein by reference as if set forth in full and shall be deemed herein contractual in nature.
3. Compensation to KFN. In exchange for what it shall provide the City, as set forth in paragraph 4, infra, KFN shall receive from the City the following:
(a) The City shall grant to KFN the use of approximately two hundred forty feet, two inches (240', 2") of City conduit that runs from the City's handhole located at Robinson Park south, under West 6th Street, to the City's Traffic Division handhole located at the southwest corner of the intersection of West 6th Street and Massachusetts Street.
(b) The City shall grant to KFN the authority to install in the City conduit, described in subparagraph 3(a), supra, three MaxCell sleeves. KFN shall have exclusive use of two MaxCell sleeves. The City shall retain ownership of the conduit and shall have exclusive use of one MaxCell sleeve.
(c) The City shall grant to KFN the right to install a handhole in Robinson Park adjacent to the City's handhole located in Robinson Park.
(d) The City shall grant to KFN the right to install a handhole at the southwest corner of the intersection of West 6th Street and Massachusetts Street adjacent to the City's Traffic Division handhole at that location.
(e) The City shall grant to KFN the right to install, in the City Right of Way, one 1.25-inch conduit traversing, generally, from KFN's new handhole, located at the southwest corner of West 6th Street and Massachusetts Street, west along West 6th Street to the southeast corner of West 6th Street and Vermont Street, then north to the northeast corner of West 6th Street and Vermont Street, then west to the KFN handhole located at the northwest corner of West 6th Street and Vermont Street.
(f) The City shall grant to KFN the right to install, in the City Right of Way, two 1.25-inch conduit traversing, generally, from KFN's new handhole, located at the southwest corner of West 6th Street and Massachusetts Street, south along the alley between the 600 blocks of Massachusetts Street and Vermont Street to a Weststar pole located in that alley, approximately 80 feet. (A map showing the location of the handholes and conduit described in subparagraphs 3(a)-(f) is affixed hereto as Exhibit A and is incorporated herein by reference).
(g) The City shall grant to KFN exclusive ownership of one 1.25 inch conduit traversing, generally, from the northeast corner of the intersection of West 4th Street and McDonald Drive south along McDonald Drive to the northeast corner of the intersection of McDonald Drive and Bluffs Drive, approximately 850 feet in length.
(h) The City shall grant to KFN the right to install, in the City Right of Way, two 1.25-inch conduit traversing, generally, from the existing City handhole, located at the northeast intersection of West 4th Street and McDonald Drive, east along West 4th Street to an existing KFN handhole, located at the northeast corner of West 4th Street and Maine Street, approximately 2,700 feet in length. (A map showing the conduit described in subparagraphs 3(g)-(h) is affixed hereto as Exhibit B and is incorporated herein by reference).
4. Compensation to the City. In exchange for what it shall provide KFN, as set forth in paragraph 3, supra, the City shall receive from KFN the following:
(a) KFN shall install at its sole cost and expense and shall grant to the City exclusive ownership of one 1.25-inch conduit traversing, generally, from the existing City handhole, located at the northeast corner of Bluffs Drive and McDonald Drive, west under McDonald Drive, then south along McDonald Drive to West 6th Street, then west along West 6th Street generally to the property commonly known as 2216 West Sixth Street, then south under West 6th Street to the existing City handhole located at the southwest corner of the intersection of West 6th Street and the exit ramp from southbound McDonald Drive, approximately 1,450 feet in length. (A map showing the conduit described in this subparagraph is affixed hereto as Exhibit B and is incorporated herein by reference).
(b) KFN shall pay for the cost of labor to install a 288-strand fiber optic cable sleeve, to be purchased by the City, in the conduit described in subparagraph 4(a).
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.
[SIGNATURE PAGES FOLLOW]
IN WITNESS WHEREOF, the undersigned have caused this Second Addendum to the Memorandum of Understanding to be executed as of the date noted above.
CITY:
CITY OF LAWRENCE, KANSAS, a municipal corporation
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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
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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.
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Notary Public
My commission expires: