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HomeMy WebLinkAboutFIRST AMENDMENT TO EXHIBIT C FIRST AMENDMENT TO EXHIBIT C OF THE PUBLIC/PRIVATE PARTNERSHIP AGREEMENT FOR BROADBAND SERVICES BETWEEN THE CITY OF SAN LUIS OBISPO AND ASTOUND BROADBAND, LLC (“Agreement”) This Amendment One to Exhibit C of the Public/Private Partnership Agreement for Broadband Services (“Agreement”) is made and entered in the City of San Luis Obispo on December February ___, 20245, by and between the CITY OF SAN LUIS OBISPO, CALIFORNIA (hereinafter referred to as “City”), and ASTOUND BROADBAND, LLC (hereinafter referred to as “Astound”) (hereinafter the “Parties.”) WITNESSETH: WHEREAS on June 19, 2024, the City and Astound entered into an Agreement governing, among other things, Astound’s use of City Conduit to install fiber optic cable, the City’s use of Astound’s dark fiber strands (the “Licensed Dark Fibers”) and Astound’s maintenance and repair activities with respect to City Conduit and Licensed Dark Fibers; and WHEREAS Exhibit C to the Agreement sets forth the locations of Licensed Dark Fibers; and WHEREAS the City and Astound contemplated modifications to Exhibit C upon expansion of dark fiber leases between the Parties, which shall be in writing; and WHEREAS Astound has proposed modifications to Exhibit C as set forth in Attachment 1 and for the reasons stated therein, and the proposed modifications are acceptable to the City. NOW THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter contained, the parties hereto agree as follows: 1. Exhibit C of the Agreement shall be amended as reflected in Attachment 1. 3. All other terms and conditions of the Agreement remain in full force and effect. IN WITNESS WHEREOF, this First Amendment is executed on the date above stated, at San Luis Obispo, California. ASTOUND BROADBAND, LLC CITY OF SAN LUIS OBISPO By: ____________________________________ By: ____________________________________ Matthew Updenkelder, VP – Infrastructure Development Whitney McDonald, City Manager ATTACHMENT 1 EXHIBIT C to PUBLIC/PRIVATE PARTNERSHIP AGREEMENT FOR BROADBAND SERVICES Description of Licensed Dark Fibers City Licensed Dark Fibers As of the Effective Date, the City Licensed Dark Fibers consist of the following fiber routes: Name of Segment A Location End Point Z Location End Point Description of Fiber Approx. Distance Segment 1 City Hall 990 Palm St. SLO, CA 93401 Lat: 35.282809 Long: -120.662705 Police Station 1042 Walnut SLO, CA 93401 Lat: 35.28603572971857 Long: -120.66338778923841 2 strands single mode dark fiber approx. .9 km Segment 2 Parking Offices 1260 Chorro Street SLO, CA 93401 Lat: 35.27870613353161 Long: -120.66152847336923 Senior Center 1455 Santa Rosa SLO, CA 93401 Lat: 35.27914120054818 Long: -120.65702747342957 2 strands single mode dark fiber approx. .7 km Segment 3 Corporation Yard 25 Prado SLO, CA 93401 Lat: 35.25587139224295 Long: -120.67406928386568 Fire Station 4 1395 Madonna SLO, CA 93401 Lat: 35.25738850802565 Long: -120.69020788833546 2 strands single mode dark fiber approx. 9.5___ km Segment 4 City Hall 990 Palm St. SLO, CA 93401 Lat: 35.282809 Long: -120.662705 Fire Station 3 1280 Laurel Lane SLO, CA 93401 Lat: 35.266943295627414 Long: -120.63979881575827 2 strands single mode dark fiber approx. 3.8 km Segment 5 SLO Swim Center 900 Southwood Drive SLO, CA 93401 Lat: 35.26672143468056 Long: -120.64523990677016 Fire Station 3 1280 Laurel Lane SLO, CA 93401 Lat: 35.266943295627414 Long: -120.63979881575827 2 strands single mode dark fiber approx. 1.5 km Segment 6 City Hall 990 Palm St. SLO, CA 93401 Lat: 35.282809 Long: -120.662705 City Hall Annex 880 Palm Street SLO, CA 93401 Lat: 35.28267295102646 Long: -120.66313229802573 2 strands single mode dark fiber approx. .2 km Segment 7 Astound Data Center 3620 Sacramento Dr SLO, CA 93401 Lat: 35.255369 Long: -120.641475 City Hall 990 Palm St SLO, CA 93401 Lat: 35.28302327349759 Long: -120.66276751760837 2 strands single mode dark fiber approx. 5.3 km Segment 8 County Datacenter 976 Osos St. SLO, CA 93401 Lat: 35.282622 Long: -120.661598 Human Resources 994 Mill Street Ste 200 SLO, CA 93401 Lat: 35.28380706670408 Long: -120.66319947569666 2 strands single mode dark fiber approx. 2.3 km Segment 9 SLO Parking Structure 860 Pacific St. SLO, CA 93401 Lat: 35.278689 Long: -120.661518 County Datacenter 976 Osos St Fourth Floor SLO, CA 93401 Lat: 35.28328297282323 Long: -120.66245931575781 24 strands single mode dark fiber approx. 1 km Segment 10 SLO Human Resources 994 Mill St. SLO, CA 93401 Lat: 35.283627 Long: -120.663240 PD Annex 1106 Walnut St. SLO, CA 93401 Lat: 35.286155 Long: -120.662731 2 strands single mode dark fiber approx. 3 km Additional Access Points: In addition to accessing the Dark Fiber at the End Points set forth above, the City shall also have the right to access the Licensed Dark Fibers at the additional access points listed below: Name of Segment Additional Access Point #1 Additional Access Point #2 Segment 1 [STREET ADDRESS 1] [STREET ADDRESS 2] [CITY, STATE ZIP] Lat: Long: N/A [The remainder of this page is intentionally left blank.] Astound Licensed Dark Fibers As of the Effective Date, the Astound Licensed Dark Fibers consist of the following fiber routes: Name of Segment A Location End Point Z Location End Point Description of Fiber Approx. Distance Segment 1 Parking Offices 1260 Chorro Street SLO, CA 93401 Lat: 35.278897 Long: -120.661201 CA.TP-15933 Chorro St SE of Pacific St, SLO Lat: 35.278233 Long: -120.661431 2 strands single mode dark fiber approx. .1___ km Additional Access Points: In addition to accessing the Dark Fiber at the End Points set forth above, the Astound shall also have the right to access the Licensed Dark Fibers at the additional access points listed below: Name of Segment Additional Access Point #1 Additional Access Point #2 Segment 1 [STREET ADDRESS 1] [STREET ADDRESS 2] [CITY, STATE ZIP] Lat: Long: N/A [The remainder of this page is intentionally left blank.]