WDH Black Rock LLC 7/19/2016 - Laserfiche WebLink

CITY AMENDMENT NO.3 TO DARK FIBER OPTIC LEASE AGREEMENT This AMENDMENT NO.3 TO DARKIBER OPTS( ASE AGREEMENT (this "Third Amendment")is made and entered into as of this 1010"--dayne, 2of 016(the"Effective Date"), by and between WDH BLACK ROCK, LLC, a Washington limited liability company("Provider"), and the CITY OF EVERETT,a Washington municipal corporation("Customer"). BACKGROUND A. Provider, as successor by merger to Black Rock Cable, a Nevada corporation DBA Black Rock Cable Inc., and Customer are the parties to that certain Dark Fiber Optic Lease Agreement dated August 24, 2011 (the "2011 Contract"), as amended by that certain Amendment No. 1 to Dark Fiber Optic Lease Agreement dated May 2,2012(the"First Amendment"),and as amended by that certain Amendment No.2 to Dark Fiber Optic Lease Agreement dated October 7, 2015(the"Second Amendment,"and,together with the 2011 Contract and the First Amendment,the"Original Agreement"). B. Pursuant to the Original Agreement, Customer receives from Provider dark fiber optic connectivity between multiple Customer service sites,as more fully specified in the Original Agreement. C. Wave Business Solutions, LLC, a Washington limited liability company("Wave"), is an affiliate of Provider. Contemporaneously with the execution of this Third Amendment, Wave and Customer are executing a Master Services Agreement for Enterprise Services — Governmental Customer, an Order for Burstable Internet Services,and a Dark Fiber Order(the"Dark Fiber Order"). D. Pursuant to the Dark Fiber Order, Customer will be receiving from Wave, for a three(3)year initial service term, five (5) of the Fiber Routes that Customer currently receives from Provider pursuant to the Original Agreement. The initial service term for the Dark Fiber Order commences on July 1,2016. E. This Third Amendment removes from the Original Agreement, effective as of July 1, 2016,the five (5) Fiber Routes that will be provided by Wave pursuant to the Dark Fiber Order,so that Customer will not be receiving and paying for the same Fiber Routes pursuant to two separate contracts at the same time. F. Capitalized terms used but not defined in this Third Amendment shall have the meanings given to them in the Original Agreement. AGREEMENT Provider and Customer now amend the Original Agreement as set forth below: 1. DISCONNECTION OF FIVE(5)FIBER ROUTES 1.1 Disconnection of CID-2338. As of July 1, 2016, the following Fiber Route, having CID- 2338,is cancelled and removed from the Original Agreement: A Location Z Location City of Everett Fire Station No. 2 2930 Wetmore Avenue 2201 — 16th Street Everett,WA 98201 Everett,WA 98201 AMENDMENT NO.3 1'O DARK FIBER OPTIC LEASE AGREEMENT pg. 1 WDH Black Rock,LLC/City of Everett 06/13/2016