SECOND ADDENDUM TO THE MEMORANDUM OF UNDERSTANDING
“License Agreement”
Between The City of Lawrence, Kansas (“The City”)
and
RG Fiber, LLC ("RG Fiber"), a Kansas limited liability company
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Dated: December , 2015
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This addendum supplements THE MEMORANDUM OF UNDERSTANDING dated August 3, 2013, by and between the City of Lawrence, Kansas, a municipal
corporation, and RG Fiber, 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 August 3, 2015, RG Fiber 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. RG Fiber 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 certain monetary compensation.
E. The City has reviewed and approved RG Fiber's proposal, contingent upon the execution of this document and compliance with its terms and the terms of the parties' Memorandum of Understanding, dated August 3, 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 RG Fiber mutually agree that all terms of the Memorandum of Understanding, dated August 3, 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 RG Fiber. In exchange for what it shall provide the City, as set forth in paragraph 4, infra, RG Fiber shall receive from the City the following:
(a) The City shall grant to RG Fiber 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 RG Fiber the authority to install in the City conduit, described in subparagraph 3(a), supra, a 24-count fiber optic cable sleeve.
(c) The City shall grant to RG Fiber 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 RG Fiber 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.
4. Compensation to the City. In exchange for what it shall provide RG Fiber, as set forth in paragraph 3, supra, RG Fiber agrees to pay and the City agrees to accept as compensation and sufficient consideration for granting the License Agreement, a one-time fee in the amount of FIVE HUNDRED DOLLARS AND NO CENTS ($500.00). The fee shall be due at the date of the execution of this License 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 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 December, 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:
RG FIBER:
RG FIBER, L.L.C., a Kansas limited liability company
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MIKE BOSCH
President and CEO
ACKNOWLEDGMENT
THE STATE OF KANSAS )
) ss:
THE COUNTY OF DOUGLAS )
BE IT REMEMBERED, that on this ____ day of December, 2015, before me the undersigned, a notary public in and for the County and State aforesaid, came Mike Bosch, as President and CEO of RG Fiber, 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: