HomeMy WebLinkAboutCAG1987-0120 - Other - US Sprint Communications - Notice of Non-Renewal - 01/30/1997 CITY OF r�C, SV c1
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Jim White, Mayor
Roger A Lubovmh,City Attorney 206/859-3340 206/859-3983(tax)
January 30, 1997
CERTIFIED MAIL NO. P 558 499 891
Mr Daryle Edwards
Network Real Estate
Sprint Communications Company L P
1200 Main Street
Mailstop MOKCMT1004
Kansas City MO 64105
Re Sprint Temporary Use Permit with the City of Kent, Washington
NOTICE OF NON-RENEWAL
Dear Mr Edwards
I am in receipt of your January 24, 1997, letter to me regarding the name change of your
company Thank you for that information The City accepts your notice pursuant to the terms
and conditions of the "Temporary Use Permit" dated July 10, 1987, entered into between the City
of Kent and U S Sprint Communications Company
Frankly, I was somewhat surprised to learn that this permit existed Current city policy
discourages the continuing use of such permits Typically the City would require that U S
Sprint first obtain a franchise to use City right-of-way prior to obtaining any use permit in that
street Nevertheless, as you indicated, the agreement is an ongoing agreement that automatically
renews every five years Under the permit terms, the second five-year renewal period will expire
on July 10, 1997 As the City's ability to terminate this permit expired 120 days prior to January
1, 1997 (the renewal year for your Temporary Use Permit), your permit will be automatically
renewed pursuant to Section 12 for an additional five year period, ending July 10, 2002 This
five year renewal is contingent upon your company's fulfillment of all the terms and conditions
of the Temporary Use Permit
To that end, please provide evidence to the City of Kent, pursuant to Section 2 of your
permit, that the equipment, facilities, and systems installed within the City of Kent right-of-way
are being used as a "trunk through system" only that does not directly and separately service
local businesses or residents in the City of Kent Additionally, pursuant to Section 8 of your
permit, please provide the City with adequate proof of insurance covering the City of Kent
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__0 4th AVE SO /K2NT ASR[NCTON 98032 5895/TELEPHONE L06 ft59 3300/FAX N 859 3334
T Ir
Mr Daryle Edwards
January 30, 1997
Page - 2
Should your company elect to provide us with an Accord Certificate as evidence of insurance,
please note the City will also require an "Additional Insured Endorsement" executed in original
by an appropriate agent of your insurance provider, as adequate proof of insurance Please
provide this information at your earliest convenience to confirm that your company has not
breached this permit
By this letter, YOU ARE HEREBY NOTIFIED that the City will not renew this permit
for your next renewal term This notice is being provided to ,you more than 120 days prior to
January 1, 2002, the next renewal year, and as such, constitutes valid and appropriate written
notice of the termination of this permit pursuant to Section 12 of the permit
If you wish to provide additional service than that described in your permit or to extend
additional service lines in other right-of-way in the City of Kent, please do not hesitate to notify
this office so we may issue a franchise for your business in the City of Kent
For your information, the City does not intend, at this time, to drastically alter the terms
and conditions established in this Temporary Use Permit if your company's business activities in
Kent continue as described and permitted Nevertheless, current city policy requires that a
telecommunications company doing business in Kent must first obtain a franchise prior to doing
business within our corporate boundaries
Thank you for your cooperation on this matter If you have any questions or comments,
please do not hesitate to call
Very truly yours,
TOM BRUBAKER
ASSISTANT CITY ATTORNEY
TB mlb
cc Ron Spang, IS Director(w/permit)
Brenda Jacober, City Clerk(w/encs )
P`LAW\A RORNEV S\TOWCOR S\EDWARDS LI