Memorandum

City of Lawrence

City Attorney’s Office

TO:                  David L. Corliss, City Manager

                        Toni Ramirez Wheeler, City Attorney

FROM:            Randy Larkin, Senior Assistant City Attorney

CC:                  Charles Soules, Director Public Works

DATE:             February 20, 2013

RE:                  Sprint -- First Amendment to Agreement

__________________________________________________________________

Pursuant to an Agreement, dated June 10, 2008, the City and Sprint Communications Company, L.P., entered into a contract whereby, for a one-time payment of $5,000, the City permitted Sprint to construct, locate, and maintain, underground in the City Right of Way, several hundred feet of fiber optic cable between existing Sprint facilities near North 3rd Street to the Kansas River Bridge. That Agreement will expire by its own terms on June 10, 2013.

City Staff has negotiated with Sprint a First Amendment to Agreement, whereby, for a one-time payment of Two Thousand Dollars ($2,000.00), Sprint will be permitted to maintain the existing fiber optic cable in the City's right of way through December 31, 2023. All other terms of the original Agreement will remain in effect.

Requested Action:

Authorize the City Manager to execute a First Amendment to Agreement with Sprint Communications Company, L.P., a Delaware limited partnership, allowing Sprint to maintain existing fiber optic cables and facilities located underground in the City's right of way through December 31, 2023, for a one-time payment of Two Thousand Dollars ($2,000.00), all in accordance with the terms of the Agreement and First Amendment to Agreement.