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FIRST AMENDMENT TO FIBER OPTIC LEASE AGREEMENT BETWEEN CITY OF MOSCOW, IDAHO AND LATAH COUNTY, IDAHO. THIS FIRST AMENDMENT TO FIBER OPTIC LEASE AGREEMENT BETWEEN CITY OF MOSCOW, IDAHO AND LATAH COUNTY, IDAHO (hereinafter "AMENDED AGREEMENT") is made this day of E E.UJ.. , 2013, by and between City of Moscow, Idaho, a municipal corporation of the State of Idaho, 206 East Third Street, Moscow, Idaho, 83843 (hereinafter "CITY") and Latah County, Idaho, a governmental subdivision of the State of Idaho, P 0 Box 8068, Moscow, Idaho, 83843 (hereinafter "COUNTY"); WHEREAS, because CITY and COUNTY entered into a Fiber Optic Lease Agreement dated December 13, 201 0 and (due to issues beyond the control of either party) the cable connection was unable to be used, the following sections are amended by agreement of both parties: 1. TERM: The term of this AMENDED AGREEMENT is for a period of two and one half (2.5) years commencing upon the effective date of this AMENDED AGREEMENT and terminating thirty (30) months from such date. 2. FIBER LEASED AND COMPENSATION: CITY leases to COUNTY and COUNTY leases from CITY two fiber routes consisting cif one dark fiber optic cable strand per route (hereinafter "Leased Fiber"). The first fiber route is from City Hall to East Side Market place in the amount of eight thousand six hundred sixty (8,660) strand feet of the City Network Fiber. The second fiber route is from City Hall to Latah County Courthouse in the amount of one thousand six hundred fifteen feet (1 ,615) strand feet of City Network Fiber. The total amount of ten thousand two hundred seventy five (10,275) strand feet shall be and is hereby leased at the lease rate of twelve thousand three hundred thirty four and seventy one one-hundredths dollars ($12,334.71) for the term of this AMENDED AGREEMENT. Any equipment rack space necessary to contain COUNTY's electronic equipment within a CITY fa9ility shall be leased by the standard rack unit at the rate of thirty two dollars ($32) per month per rack unit (1 which shall include any electricity utilized by such equipment. Such lease rate for fiber and rack space shall be increased annually by three percent of the lease rate of the immediately preceding year. Such lease rate adjustment shall be made and effective upon January 1st of each year throughout the term of this AMENDED AGREEMENT. Lease payments shall be due and payable by the 1Oth day of each month of each year during the term of this AMENDED AGREEMENT. FIBER OPTIC LEASE AGREEMENT CITY AND LATAH COUNTY PAGE 1 OF2 ---PAGE BREAK--- f/1_ tzvy// DATED this . day of D , 2013. STATE OF IDAHO ) COUNTY : Latah County ACKNOWLEDGMENT ) ss. COUNTY OF LATAH ) On this lJi day of RJcv , 2013, before me, a Notary Public in and for said State, appeared , known to me to be the person named above and acknowledged that he/she executed the foregoing document as the duly authorized representativ¸f'*'U¹1County, Idaho. N Ef:J"''''H C 0' H EF · E Of) F L J 1 Gtory \ K State of Idaho = : i = ; \ Pub\\0 .i G 0 s' IJ·· I D le o1 \ FIBER OPTIC LEASE AGREEMENT CITY AND LATAH COUNTY PAGE2 OF2 ---PAGE BREAK--- To: From: Date: Re: Latah County BOARD OF COUNTY COMMISSIONERS P.O. Box 8068 + 522 South Adams+ Moscow, Idaho 83843 (208) 883-7208 +fax (208) 883:-2280 + e-mail [EMAIL REDACTED] David McGraw + TomS. Stroschein + Richard Walser Stephanie Kalasz, Clerk KaraN. Egan Deputy Clerk and Administrative Assistant to the Board 7 February 2013 First Amendment to Fiber Optic Lease Agreement Enclosed is the original Agreement between the City of Moscow and Latah County as signed by the Board of County Commissioners. Please forward to Mayor Chaney for signature and return to me at your earliest convenience. Thank you!