2007-02-26 Council Agenda - Laserfiche WebLink

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John F. Mulligan, Jr., City Attorney AGREEMENT K-1-c February 26, 2007 THIS AGREEMENT (“Agreement”) is made by and between Southwestern Bell Telephone, L.P. d/b/a AT&T, a Texas limited partnership doing business in Missouri as AT&T (“AT&T”) and the City of University City, Missouri, a municipal corporation (“City”). AT&T and City shall sometimes be referred to separately as a “Party,” and collectively as the “Parties.” RECITALS A. AT&T is an established provider of telecommunications services operating under a state franchise, and intends to provide broadband services including Internet Protocol (IP) Services. The IP Services will include IP- enabled video services to City residents over AT&T’s network facilities. AT&T intends to upgrade parts of its existing telecommunications network to provide the IP-enabled video services (the “IP Network” upgrade). B. The City desires to have competitive video alternatives available to its residents. C. The Parties, without determining whether the IP enabled video services are subject to the City’s regulation, have entered into this Agreement, which the Parties in good faith intend to be binding as a matter of contract between them and believe to be in accord with applicable law, in order to eliminate certain uncertainties that would otherwise attend AT&T’s IP Network upgrade and introduction of IP-enabled video services. D. Both Parties agree that the deployment of the IP Network upgrade and the provision of IP-enabled video services should not be delayed by litigation. E. City and AT&T further agree that litigation to resolve the aforesaid uncertainties would be expensive, complex and protracted, and that it is in the best interests of both Parties and the residents of the City to reach a compromise. F. AT&T has submitted to the City an application fee in the sum of $4,776.21. NOW, THEREFORE, in consideration of and reliance upon the respective