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HomeMy WebLinkAboutItem 06.hDate: May 2, 2011 Item No. AMENDMENT #3 OF AGREEMENT BETWEEN CHARTER FIBERLINK LLC AND CITY OF LAKEVILLE FOR FIBER SERVICES Proposed Action Staff recommends adoption of the following motion: Move to approve the Amendment #3 of Agreement Between Charter Fiberlink LLC and City of Lakeville for fiber services. Approval of the Amendment will extend the contract for fiber service until June 1, 2016. Overview The City of Lakeville approved an Agreement with Charter Fiberlink LLC (Charter) in November 1998 to provide fiber services connecting City facilities. The Agreement was amended twice to include various City facilities. The proposed amendment would extend the contract for five more years. Primary Issues to Consider • Other options. City has considered other options; however, the Agreement with Charter is the most cost effective. • Cost. Annual cost is $42,000. Supporting Information • None 1 Danny43arth, IS Manager Financial Impact: - $42,000 budgeted: Yes Source: Various Related Documents (CIP, ERP, etc.): Notes: THIS AMENDMENT is entered into as of between the Charter Fiberlink, LLC, hereinafter referred to the "Charter," and City of Lakeville, Minnesota, hereinafter referred to as the "Customer ". Customer and Charter are parties to the Master Telecommunications Capacity Lease Agreement for Network Services entered into on November 1, 1998 ("Agreement"). Previous amendments were subsequently entered into on August 17, 1999 and September 15, 2003. The parties agree to amend the Agreement as follows: 1. This amendment hereby assigns the Agreement from Charter Fiberlink, LLC to Charter Communications Operating, LLC. 2. The Term of the Agreement is extended until June 1, 2016 unless otherwise terminated in accordance with the Agreement. Applicable Monthly Service Fees remain unchanged. All other terms and conditions of the Agreement and any Amendments thereto will remain in full force and effect, except as modified by this Amendment. This Amendment will serve only to supplement the Master Telecommunications Capacity Lease Agreement for Network Services as well as evidence of assignment from Charter Fiberlink, LLC to Charter Communications, LLC on behalf of its subsidiary(ies) and/or affiliate(s) operating the system in the licensed facilities of which are the subject of the Agreement. Accepted by: CHARTER COMMUNICATIONS OPERATING, LLC By: Charter Communications, Inc., its Manager Signature Print Name Title AMENDMENT # 3 Date Date continued Accepted by: CITY OF LAKEVILLE, MN Signature Mark Bellows Print Name Mayor Title Charter Communications, Inc. CONFIDENTIAL Page 1 of 2 Assignment Consent: Charter Fiberlink, LLC CITY OF LAKEVILLE, !VIN Signature Print Name Title Date Date Signature Char Friedges Print Name City Clerk Title Charter Communications, Inc. CONFIDENTIAL Page 2 of 2