Memorandum

City of Lawrence

City Attorney's Office

TO:	Thomas M. Markus, Interim City Manager Diane Stoddard, Assistant City Manager Toni R. Wheeler, City Attorney Charles Soules, Director of Public Works
FROM:	Randall F. Larkin, Senior Assistant City Attorney
DATE:	June 30, 2016
RE:	Wicked Broadband – Fiber Lease Agreement

Community Wireless Communications Co, d/b/a Wicked Broadband, a Kansas corporation, has, pursuant to the City’s Fiber Policy, requested to lease 10.0 miles of dark fiber in the City’s Verizon conduit (Cable 9 on the City’s Fiber Lease Map), running between Iowa Street and Kasold Drive on Clinton Parkway. Staff prepared a Lease Agreement in accordance with the City’s Fiber Policy and Wicked Broadband as agreed to the terms.

As an aside, it would appear that Wicked Broadband may be in default on a number of agreements it has with the City. It is the recommendation of Staff that the City approve the present request, so that third-party business owners relying on this agreement will not be harmed, provided however that there be an audit of all existing agreements with Wicked Broadband and that, before the City does any further business with Wicked Broadband, those agreements either be rescinded or Wicked Broadband come into compliance therewith.

Action Requested

Staff requests the City Commission to authorize the City Manager to execute a Lease Agreement with Community Wireless Communications Co., d/b/a Wicked Broadband, a Kansas corporation, permitting Wicked Broadband to lease 10.0 miles of strands of dark fiber in the City’s Verizon conduit (Cable 9 on the City’s Fiber Lease Map) in accordance with the City’s Fiber Policy, but subject to an audit being done on all existing agreements between the City and Wicked Broadband to ensure that Wicked Broadband is in compliance with those agreements.