2012/04/25 Council Agenda Packet

• 6 AMENDMENT NO. 1 TO DARK FIBER OPTIC LEASE AGREEMENT BETWEEN THE CITY OF EVERETT AND BLACKROCK CABLE,INC. This Amendment No. 1 is dated as of April ,2012,by and between the City of Everett (the"City" or"Customer") and Blackrock Cable,Inc. ("Black Rock"). RECITALS A. Service Provider and the City are parties to the Dark Fiber Optic Lease Agreement dated August 24,2011 (the"Agreement"),which provides for fiber optic connectivity for certain City locations. B. The City and Black Rock desire to amend the Agreement so that it is more efficient to add and delete City locations to and from the Agreement. AGREEMENT Black Rock and the City agree as follows: 1. Adding and Deleting Locations. A. Additional Exhibits Authorized. The City's Mayor or his designee and an authorized representative of Black Rock may execute new Exhibits to the Agreement for the purpose of adding and deleting City locations to and from the Agreement. Unless the Mayor determines otherwise in writing delivered to Black Rock,the Mayor's designee for new Exhibits is the City's Information Technology Director. B. Adding Locations. If an additional City location is desired,the Mayor or his designee and an authorized representative of Black Rock will execute a new Exhibit showing the new location. No new Exhibit adding locations is valid unless signed by the Mayor or his designee and an authorized representative of Black Rock. Attached to this Amendment is an example of the Exhibit format for adding locations. All new Exhibits adding locations must substantially adhere to this format. Each new Exhibit adding locations takes effect on the date of last signature on the Exhibit. C. Deleting Locations. 1. In Service Less than Three Years. If a location has been in service for less than three years,Blackrock and the City may agree to delete that location from the Agreement. If such deletion is desired,the Mayor or his designee and an authorized representative 1 64