Loading...
HomeMy WebLinkAboutKMC Telecom III LLC Augusta Richmond GA DOCUMENT NAME: 1< yv1 C. T c: u:= C1l M ) (L L LeA'" t> ~ 401 j () s;. r Ii I GA. DOCUMENT TYPE: A-) (<. ~e= yn ~(0) YEAR: ~DoL\ BOX NUMBER: ~ y. FILE NUMBER: 'II C;-O S NUMBER OF PAGES: 0 (:';' -. '(" {; ( i ~om~ PHONE - DATA -INTERNET 4] 9 11th Street Augusta, Georgia 30901 Tel 706.823.1230 Fax 706.823.0032 www.kmctelecom.com LETTER AGREEMENT November29 , 2004 Mr. Clifford A. Goins Assistant Director Augusta Utilities Water Production Department 360 Bay Street, Suite #180 Augusta, GA 30901 Dear Mr. Goins: I am pleased to present this Letter Agreement to outline the understanding between KMC Telecom III LLC ("KMC") and the City of Augusta, GA ("Augusta") to provide telecommunications services to Augusta. KMC is looking forward to working with Augusta. This Letter Agreement sets forth certain understandings and agreements between KMC and Augusta relating to the purchase by Augusta ofKMC's telecommunications f4i services. Augusta hereby authorizes KMC to immediately initiate the application and . permitting process required for the construction of the single entrance lateral facility for the two (2) strands o~er optic cable and commence construction of the lateral facility. ffclt\ch,'c;.e I. KMC will build a point to point connection as follows: a) Terminate two (2) fibers at 530 Greene Street, Annex 101, Augusta, GA; b) Re-enter the closure at KMC backbone on Greene Street and splice the 2 (two) designated fibers; c) Go to KMC slack coil located on KMC backbone at the intersection of Dixon Airline Road and SR 56 and delash slack coil for the new splice; d) Build new lateral as follows: i) overlash approximately 200 feet of new built; ii) place approximately 2,900 feet of aerial new built; iii) place approximately 1,500 feet of new underground built to the new Max Hicks Water Treatment Plant, Augusta, GA, and iv) place handhole in right of way, leave approximately 1,000 feet of cable in\ the handhole. '. ~~ . ,; e) Pull fiber optic cable through the conduit to be built by Augusta, into the demarcation point, such demarcation point to be designated by Augusta. f) Terminate and splice 2 (two) strands of fiber optic cable at such demarcation point. 2. Augusta will build the conduit referred to in Section l( e) as follows: a) Augusta will build a conduit from KMC handhole described in Section I (d)(iv) to the inside of the Max Hicks Water Treatment Plant. 3. KMC will provide Augusta indefeasible right of use of two (2) fiber optic cables for a period of three (3) years, subject to Augusta's right to renew for additional one (1)- year periods for up to an additional seventeen (17) years. 4. In consideration ofKMC constructing the lateral facility, a non-recurring payment of$73,723.00 is due and payable upon execution of this Letter Agreement (the "Initial Payment") and $72,657.00 is due and payable upon completion of the construction, for the total project cost of $145,314.00. 5. KMC will provide routine and non-routine maintenance for such two (2) fiber optic cables. Augusta will enter into an Agreement for Maintenance of Fiber Optic Filaments on or before a target date of October I, 2004, substantially in the form attached hereto, under which Augusta will pay KMC an annual routine maintenance fee of $1,066.00 and a pro-rata share of all non-routine maintenance. The annual routine maintenance fee will increase at a rate of 3% each year. The annual routine maintenance fee for the first year of operation is included in the Initial Payment. 6. This Letter Agreement supersedes all prior oral and/or written agreements, understandings, representation and warranties, courses of conduct and dealing between the parties with respect to such construction and service. 7. This Letter Agreement may be amended or modified only by a writing executed by both parties. 8. This Letter Agreement constitutes a binding agreement between the parties. 9. This Letter Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which together sha1l constitute one document. 10. Neither party shall disclose to any third party (other than its directors, officers, employees, agents, consultants or counsel on a need to know basis in order for the parties herein to pursue their intent hereunder) the contents or existence of this Letter Agreement without the express written consent of the other party, except as may be required under the Open Records Law. ~om -LJ Please acknowledge your acceptance of this Letter Agreement by executing below (in duplicate). Please fax a signed copy to our Contract Manager at 908-470-3607 at your earliest convenience and mail one fully executed Letter Agreement to our headquarters at: KMC Telecom III LLC 1545 Route 206 Suite 300 Bedminster, NJ 07921 Attn.: Contract Manager We are looking forward to working with you as your telecommunications services provider. \'L\I~'OY ..~PTED AND AGREED TO as of this day of ~tIlu,pzh;.Jv ,2004. Zt~ ::IY o~ GA ~ c:; Name,;,fo\' ~U.} Itr~s~T~;P;;# ~om