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Home My WebLink AboutInteragency License Agreemnent Fiber Optic CableFIRST ADDENDUM TO INTERAGENCY LICENSE AGREEMENT THIS FIRST ADDENDUM TO INTERAGENCY LICENSE AGREEMENT (the "First Addendum to Interagency License Agreement") is made and entered into this 2�D_ day of 1e rU r , 2018 by and between ADA COUNTY HIGHWAY DISTRICT, a body peditic and corporate of the State of Idaho (hereinafter referred to as "ACHD") and the CITY OF MERIDIAN, a body politic and corporate of the State of Idaho (hereinafter referred to as "Licensee"); WITNESSETH: RECITALS A. The parties entered into an Interagency License Agreement dated May 14th, 2014 (the "Interagency License Agreement"). B. The Interagency License Agreement grants a License to the Licensee to use ACHD-owned conduit for the installation of fiber optic cable in the public right-of-way in Ada County. The purpose of this First Addendum to Interagency License Agreement is to provide additional necessary terms, conditions and requirements upon Licensee's use of ACHD-owned conduit. C. By this First Addendum to Interagency License Agreement the parties desire to incorporate into the Interagency License Agreement additional necessary terms, conditions and requirements upon Licensee's use of ACHD- owned conduit in the public right-of-way. AGREEMENT: NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the recitals, which are incorporated in this First Addendum to Interagency License Agreement and in consideration of the premises and the agreements hereinafter contained, ACHD and Licensee agree as follows: SECTION 1. RECITALS. The recitals above are incorporated into this First Addendum to Interagency License Agreement. SECTION 2. NATURE OF LICENSE. Pursuant to the terms, conditions and limitations of this First Addendum to Interagency Agreement Licensor hereby grants to Licensee a license to encroach upon a portion of the public right-of-way in Ada County, for the following specific use: FIRST ADDENDUM TO INTERAGENCY LICENSE AGREEMENT - 1 FIRST ADDENDUM TO INTERAGENCY LICENSE AGREEMENT - 2 To use ACHD-owned conduit for the installation of f iber optic cable (the fiber optic cable and associated equipment are Owned by Licensee and collectively hereinafter referred to a s “Improvements”) for Licensee’s exclusive use. Licensee understands and agrees that it may be required to remove and/or relocate the Im provements if a need for this portion of the public right-of-way is required for public use. Costs associated with the removal and relocati on of the Improvements will be borne by Licensee at no cost t o Licensor. This Agreement is not an exclusive right to use the publ ic right-of-way, is not intended to preclude access to adjacent and abu tting properties and is subject to any existing easements of record or in use. Section 1 of the Interagency License Agreement, is amended with the addition of the following terms, conditions and requirement s: A. Licensee shall label its fiber optic cable whene ver the fiber optic cable enters an ACHD junction box, splice vault or HUB fa cility and such label shall read “City of Meridian”. B. Anywhere that Licensee is using an existing “emp ty” ACHD conduit, Licensee shall install a locate wire in the conduit with its fiber optic cable. C. Anywhere that Licensee is using an existing ACHD conduit and junction box, Licensee will be responsible for upgr ading said ACHD junction box if such is necessary, including but no t limited to, if Licensee’s fiber optic cable has a larger bending r adius than the existing ACHD junction box will allow. D. Licensee shall be responsible to locate its fibe r optic cable in any ACHD owned conduit per any locate requests received in accordance with Title 55, Chapter 22, Idaho Code. E. In the event that damage occurs in a “shared” co nduit, ACHD shall pay for the repair to its improvements and the City of Meridian shall pay for the repair of its improvements. If damage occurs in an ACHD “empty” conduit, in which the City of Meridian is utilizing , the City of Meridian shall be responsible for the cost of repairing the ACHD “empty” conduit and City of Meridian improvements. SECTION 3. GRANT OF LICENSE. The property to be inc luded in this Agreement are parcels of real property within the p ublic right-of-way in Ada County, State of Idaho, depicted in Exhibit “A”. SECTION 4. Restatement of Interagency License Agree ment. All terms and conditions of the Interagency Agreement, except as modified by this First Meridian City Council Meeting Agenda February 20, 2018 – Page 159 of 601 Addendum to Interagency License Agreement, shall apply to, and are hereby incorporated into this First Addendum to Interagency License Agreement as if fully set forth herein. SECTION 5. Miscellaneous. 5.1 Bindinq Effect. This First Addendum to Interagency License Agreement shall be binding upon and inure to the benefit of the parties hereto and their successors and assigns. 5.2 Attorneys' Fees. Should any party find it necessary to employ an attorney for representation in any action seeking enforcement of any of the provisions of this First Addendum to Interagency License Agreement, or to protect its interest in any matter arising under these agreements, or to recover damages for the breach of these agreements, or to resolve any disagreement in interpretation of these agreements, the unsuccessful party in any final judgment entered therein agrees to reimburse the prevailing party for all reasonable costs, charges and expenses, including attorneys' fees, expended or incurred by the prevailing party in connection therewith and in connection with any appeal, and the same may be included in such judgment. 5.3 Counteraarts. This First Addendum to Interagency License Agreement may be executed in counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties hereto have executed this First Addendum to Interagency License Agreement the day and year first above written. CI By: Tammy/. de Weerd Title: r STATE OF IDAHO ) ss. County of Ada ) FIRST ADDENDUM TO INTERAGENCY LICENSE AGREEMENT - 3 On this b day of - 2018, before me, Lha rl n , a Notary Public hJ and for the State of Idaho, personally appeared Tamrhy L. de Weerd, known or identified to me to be the Mayor of the City of Meridian, the person who executed this instrument on behalf of said City, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written.0#656800�hoj& r//1� •• F,N& Notary Public for Idaho Residing at: O�AR� ,� • My commission expires: 3 -a2 •,`�7F, n`:: ADA COUNTY HIGHWAY DISTRICT By: Sara M. Baker Title: President STATE OF IDAHO ) ss. County of Ada ) On this day of 1 2018, before me, , a Notary Public in and for the State of Idaho, personally appeared, Sara M. Baker, known or identified to me to be the President of the Board of Commissioners of the Ada County Highway District, the person who executed this instrument on behalf of said District, and acknowledged to me that the Ada County Highway District executed the same. FIRST ADDENDUM TO INTERAGENCY LICENSE AGREEMENT - 4 FIRST ADDENDUM TO INTERAGENCY LICENSE AGREEMENT - 5 IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ________________________________ Notary Public for Idaho Residing at: My commission expires: The Ada County Highway District (ACHD) is committed to compliance with Title VI of the Civil Rights Act of 1964 and related regulation s and directives. ACHD assures that no person shall on the grounds of race, color, nati onal origin, gender, disability or age, be excluded from participation in, be denied the be nefits of, or be otherwise subjected to discrimination under any ACHD service, program o r activity. Meridian City Council Meeting Agenda February 20, 2018 – Page 162 of 601 FIRST ADDENDUM TO INTERAGENCY LICENSE AGREEMENT - 6 EXHIBIT “A” Meridian City Council Meeting Agenda February 20, 2018 – Page 163 of 601 FIRST ADDENDUM TO INTERAGENCY LICENSE AGREEMENT - 7 ACHD cabinet at southeast corner of the intersectio n of the public rights- of-way know as E. Franklin Rd. and S. Main St. – St arting point. Meridian City Council Meeting Agenda February 20, 2018 – Page 164 of 601 FIRST ADDENDUM TO INTERAGENCY LICENSE AGREEMENT - 8 ACHD junction box near southeast corner of the inte rsection of the public rights-of-way know as E. Franklin Rd. and S. Main S t. Meridian City Council Meeting Agenda February 20, 2018 – Page 165 of 601 FIRST ADDENDUM TO INTERAGENCY LICENSE AGREEMENT - 9 ACHD junction box at northwest corner of the inters ection of the public rights-of-way know as E. Franklin Rd. and S. Main S t. ACHD junction boxes along the public right-of-way k now as E. Franklin Rd. Meridian City Council Meeting Agenda February 20, 2018 – Page 166 of 601 FIRST ADDENDUM TO INTERAGENCY LICENSE AGREEMENT - 1 0 Meridian City Council Meeting Agenda February 20, 2018 – Page 167 of 601 FIRST ADDENDUM TO INTERAGENCY LICENSE AGREEMENT - 1 1 Meridian to install Meridian owned junction box and tap into ACHD conduit at this point. Meridian City Council Meeting Agenda February 20, 2018 – Page 168 of 601