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HomeMy WebLinkAboutRes 06-02 Authorizing an Amendment to the Lease of the Ductbank with GTE Southwest DBA Verizon SouthwestTOWN OF WESTLAKE RESOLUTION NO. 06-02 A RESOLUTION OF THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS, AUTHORIZING THE TOWN MANAGER TO AMEND THE CURRENT LEASE OF THE DUCTBANK OWNED BY THE TOWN OF WESTLAKE, TEXAS, TO GTE SOUTHWEST, INC. DBA VERIZON SOUTHWEST FOR TELECOMMUNICATIONS SERVICE TO VAQUERO PHASE 1. WHEREAS, on SEPTEMBER 4, 2002, the Town of Westlake entered into a lease contract with GTE Southwest Incorporated d/b/a/ Verizon Southwest for telecommunications conduit (duct bank) owned by the Town of Westlake to Verizon Southwest for provision of telecommunication services to Vaquero, Phase 1; and WHEREAS, Verizon now desires to upgrade the services offered in Phase I to allow the deployment of fiber optic technology; and WHEREAS, Federal law prohibits Verizon from removing the old copper service for an undesignated period of time prompting Verizon to need additional conduit space rather than removing the old copper and replacing it with fiber; and WHEREAS, The Town of Westlake has available conduit to accommodate the deployment of fiber and is wiling to allow Verizon to occupy the additional pipe at no additional charge so long as no tenant requests the use of this additional conduit; and WHEREAS, The attached lease addendum clarifies conditions under which the town would be paid for use of the old pipe in the event a new tenant seeks to lease it. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS, THAT: SECTION 1: The Town Manager is authorized to amend the current lease contract between the Town of Westlake and Verizon Southwest for Vaquero Phase I to accommodate this condition as set forth in the attached "Addendum to Lease Contract for Vaquero Phase I. PASSED AND APPROVED ON THIS 9TH DAY OF JANUARY, 2005. ATTEST: ( j " zv 3 n Dwinnell, TRMC, CMC, Town Secretary APPRO TO ORM: L. Stant o y, Town Attorney Scott Bradley, Mayor Trent O. Petty, T6vdManager Addendum to Ductbank Lease Bet been Town of Westlake and GTE Southwest Incorporated d/b/a Verizon Southwest The Town of Westlake requests for Verizon to expedite the updating of its telecommunications network in Vaquero Phase I with the placement of fiber optics. The Town of Westlake also recognizes that Verizon's business and regulatory environment also requires Verizon to continue providing telecommunication services via the legacy network until a date uncertain. Accordingly, The Town of Westlake agrees to incorporate this letter as an addendum to the ductbank agreement between the Town of Westlake and GTE Southwest Incorporated d/b?a/ Verizon Southwest for Phase I Vaquero, dated SEPTEMBER 4, 2002, that provides Verizon with the rights to utilize the conduit network that is owned by the Town of Westlake. Pursuant to this Addendum. Verizon shall have the right to utilize an additional 1 'h inch sub -duct to for the construction of its fiber optic netw=ork to each customer in Phase 1. Verizon shall be allowed to utilize the additional duct for the duration of the lease and any renewal period, subject to the renewal terms, at no cost subject to the following exceptions. A.) At such time that another public utility needs access to the ductbank Verizon agrees, at its discretion, to either 1.) Remove the legacy copper cables from the ductbank, if they are no longer required to fulfill service obligations or; 2.) Relocate the fiber optic to another location in the public right-of-way or easement which is commercially, economically and technologically feasible, or 3.) Pay the city a one time negotiated amount based on the lesser of the i'erizon's cost to construct facilities necessary to relocate the fiber or the Town of Westlake's cost to construct a new 1 1/2 inch conduit. B.) At such time Thai Verizon or its lessee is using both the copper facilities and the fiber facilities to se; `ice the same residential customer Verizon will notify the city and pay the city an one time negotiated per linear foot amount equal to the lesser of 1.) Verizon's cost to construct facilities necessary to relocate the fiber or 2.) The Town of Westlake's cost to construct a 1 1/2 inch duetbank.. C.) At such time that the legacy copper network is retired. Verizon will remove the copper cables from the ductbank and return the ductbank- to the Town of Westlake. For purposes of computing any amounts due in A and B above, the linear footage of such facility will be limited to the linear footage of Town o%vned conduit occupied by Verizon measured from the Bush mount fiber drop box designated to sen•ice the residence to the optical network terminal that services the resident. The Town is under no obligation to construct additional ductbank to accommodate these services. Maintenance — Upon accessing the conduit or manhole(s) and to the extent necessary, Verizon shall provide general maintenance sen ices including pumping/removing water cleaning and removing debris. If work other than general maintenance and repair, as outlined below, is necessary Verizon will notify the Town of the necessary maintenance and the To�Nm will be responsible for the costs of such maintenance. Repair — Verizon shall repair any damage caused by Verizon during access to the conduit system or manhole(s). Verizon shall not be responsible for the cost of repairing or repairing any damages that existed upon accessing the conduit or manhole(s). Verizon shall notify the To An of Westlake of any such damage and have the Torn of R'estlake verify such damage prior to accessing such conduit or manhole(s). Renewal Fees — Fees on Renewal of the Phase I Vaquero Ductbank Agreement shall be limited to the proportional share (actual conduit/sub duct occupied and used divided by the total number of conduits/subducts) of unreimbursed costs incurred for maintenance, repair and restoration of the ductbank by the Town of Westlake. Furthermore renewal fees shall not include costs for which another occupant of the ductbank is responsible for such maintenance, repair or restoration either by the terms of its contract or by the actions of such occupant. Verizon shall be allowed toauditany costs which are included in the renewal fee and shall not be responsible for any costs not in accordance with the Renewal Fee requirements as outlined herein. IN WITNESS %WHEREOF, the parties agree that this addendum supersedes the requirements as are included in the Phase 1 Ductbank Lease agreement dated September 4. 2002. and have executed this addendum as of the date set forth Belo«-: Date: U LANDLORD: To,,vn of Westlake. Texas Fw: Trent O. Petty:;��w n Manager I'LN-zNT: f ':. I`; Corporation T� By:1 � Name 1. Its. f` 77T