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
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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.
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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.
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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.
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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.
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