HomeMy WebLinkAboutZayo 1st Amendment to Exchange Agreement - Jun.2019FIRST AMENDMENT TO THE EXCHANGE AGREEMENT
THIS FIRST AMENDMENT TO THE EXCHANGE AGREEMENT (this "First
Amendment"), is entered into on June , 2019 ("First Amendment Effective Date") is by and
between City of Auburn, WA ("City") and Zayo Group, LLC, a Delaware limited liability
company ("Zayo").
RECITALS
WHEREAS, Zayo and City entered into an Exchange Agreement dated April 17, 2017
(the "Original Agreement") pursuant to which Zayo and City agree to exchange use of certain
facilities; and
WHEREAS, Zayo and Customer now wish to amend the Original Agreement to add to
the list of Facilities to be Exchanged between the Parties.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained,
the parties agree as follows:
1. Exhibit A. The parties agree to add the following to the current list of Facilities to be
Exchanged by the Parties ("Delivered Facilities"). A complete list is shown in the amended
Exhibit A attached to the First Amendment with the following changes:.
1. Zayo-Provided Facilities.
• 1430' ft - Non-exclusive use of one (1) 3Inch City -owned conduit,
vaults, and junction boxes along Auburn Way S between Riverwalk
and Dogwood St SE.
2. City -Provided Facilities.
• 1051' ft -New 12 Strands Fiber drop cable to Mountain View
Cemetery site
• 2610' ft - 2 Strands dark fiber in Zayo 288F cable
2. Exhibit B. The Parties agree to replace the map in Exhibit B, Map Facilities to be
Exchanged by the Parties, with the map attached to the amended Exhibit B.
Page 1 of 4
Amended and Restated Exhibit A
Facilities to be Exchanged by the Parties ("Delivered Facilities")
Zayo-Provided Facilities.
• 96 fiber count Prysmian armored cable installed between the existing City fiber
vault at 41st St SE & A St SE and terminating at Auburn Way South into existing
City fiber vault identified in Exhibit B. One hundred (1 00') foot minimum slack
loops will be installed near each City traffic signal controlled intersection passed by
and inside each City of Auburn fiber vault passed through.
• One (1) 1.25 inch duct along 29th Street S.E. between A St SE and Auburn Way
South terminating into the existing City junction boxes or fiber vaults identified in
Exhibit B.
• Upon installation, inspection, and written acceptance by the City of the Zayo-
Provided Facilities, title thereto shall pass to the City of Auburn and Zayo shall have
no claims to or obligations for maintenance or repair of same thereafter.
• 105 F ft - New 12 Strands Fiber drop cable to Mountain View Cemetery site
• 2610' ft - 2 Strands dark fiber in Zayo 288F cable
2. City -Provided Facilities.
• Non-exclusive use of City owned • conduits, vaults, and junction boxes along
Ellingson Rd/41 st St SE between C St SW A St SE for installation of one fiber optic
cable.
• Non-exclusive use of one (1) 3 inch City owned conduit, vaults, and junction boxes
along Auburn Way South (SR-164) between Dogwood Street S. E. and Hemlock
Street S. E. for installation of one fiber optic cable.
• Non-exclusive use of one (1) 3 inch City owned conduit, vaults, and junction boxes
along West Main St between West Valley Highway and Clay St NW for installation
of one 96 fiber count Prysmian armored cable.
• 1430' ft - Non-exclusive use of one (1) 3 Inch city owned conduit, vaults, and
junction boxes along Auburn Way S between Riverwalk and Dogwood St SE for
installation of one 96 fiber count Prysmian armored cable
Page 3 of 4
Amended and Restated Exhibit B
Nlap Facilities to be Exchanged by the Parties ("Detivered Facilities")
City -Provided Facilities
Page 4 of 4
1430' Along Auburn Way S Between
Rivervalk Dr SE & Dogwood Sc
t
3. Remaining Terms Unchanged. All other provisions of the Original Agreement shall
remain unchanged, and in full force and effect.
IN WITNESS WHEREOF, the parties execute this First Amendment as of the day and
year first above written.
CITY OF AUBURN
*ancvyBaf\Jtfayor
Date
APPROVED A TO FORM:
J
S ven ZGross, City Attorney
ZAYO GROUP, LLC
By
Title
Federal Tax ID #
Date
Page 2 of 4
RECEIVE[
JUL 112019
CITY OF AUBUNN
LEGAL DEPARTMENT