HomeMy WebLinkAbout05-18-2015 First Amendment to MOU - Cal Poly Fiber Optic Infrastructure PartnershipFIRST AMENDMENT TO MEMORANDUM OF UNDERSTANDING
FIBER OPTIC INFRASTRUCTURE PARTNERSHIP
This First Amendment to Memorandum of Understanding Fiber Optic Infr,�cture Partnership
("First Amendment") is made, entered and effective as of this k-$ day of 20 5 (the "Effective
Date") by and between the City of San Luis Obispo, a municipal corporation and charter city
("City") and California Polytechnic State University, San Luis Obispo, a State University ("Cal
Poly").
RECITALS
WHEREAS, on a 18 , 2015, the City and Cal Poly executed a Memorandum of
Understanding Fiber Optic Infrastructure Partnership (the "MOU") wherein the parties were able
to develop a mutually beneficial fiber optic network (commonly referred to as the ERL Project)
within San Luis Obispo;
WHEREAS, pursuant to the terms of the MOU, Cal Poly agreed to install a 144 -strand fiber
optic cable within the City's conduit network and granted City an irrevocable license to use 24
strands of that cable; and
WHEREAS, by this First Amendment Cal Poly wishes to grant, and City wishes to accept, the
right to use an additional 24 strands of cable.
AGREEMENT
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which
is hereby acknowledged, City and Cal Poly agree as follows:
Recitals. The above recitals above are true and correct and are incorporated into the body
of this First Amendment by this reference.
2. Capitalized Terms. All capitalized terms not defined herein shall have that same meaning
as set forth in the MOU.
Additional Strands. Cal Poly hereby grants to City an irrevocable license to use an
additional 24 Strands of Cable pursuant to all terms and conditions set forth in the MOU.
The additional 24 Strands of Fiber provided by Cal Poly to City shall be Dark Fiber. If
City desires this Fiber to be Lit Fiber, it shall be City's exclusive responsibility at City's
sole cost to light these additional 24 Strands of Fiber. City and Cal Poly acknowledge that
under this First Amendment and the MOU, City has the right to use a total of 48 Strands
of Cable.
4. Incorporation of Terms and Conditions_ of MQU. All provisions in the MOU shall apply
to this First Amendment. Except as modified herein, all terms and conditions of the MOU
shall remain in full force and effect. To the extent there is a conflict between terms and
conditions between the MOU and this First Amendment, the term or condition of this
First Amendment shall control.
IN WITNESS WHEREOF, City and Cal Poly have caused this First Amendment to be
executed the day and year first written above.
CITY OF SAN LUIS OBISPO
Cl'pm�
Jan H. Mar Mayor
Attest:
W "
hay Meji City Ci r
APPROVED AS TO FORM:
C. Vhdis�t=ineDietrick, City Attorney
CALIFORNIA POLYTECHNIC STATE
U E ITY
0//�
Jo ona l adjt�sociate Vice Provost for
Inf rm on Te nol p -v
lam. �✓' !��� G�- � (i ��
Dru Zachmeyer, Director
Contracts & Procurement/Risk & Real Estate
Management