WILDFLOWER TELECOMMUNICATIONS, LLC Ordinance No. 49-749  


§ 1. Installation of the network.
§ 2. Term and termination.
§ 3. Removal and relocation.
§ 4. Maintenance and repair.
§ 5. Taxes.
§ 6. Indemnification.
§ 7. Insurance.
§ 8. Default.
§ 9. Interference.
§ 10. Miscellaneous provisions.

AN ORDINANCE OF THE CITY OF WICHITA, KANSAS, GRANTING TO WILDFLOWER TELECOMMUNICATIONS, LLC, ITS SUCCESSORS AND ASSIGNS, A DISTRIBUTED ANTENNA SYSTEMS FACILITY FRANCHISE AND PRESCRIBING THE TERMS OF SAID GRANT AND RELATING THERETO.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF WICHITA, KANSAS:

This Franchise Agreement ("Agreement") is entered into as of May 13th, 2014 ("Effective Date") by and between the City of Wichita, a municipal corporation (the "City"), and Wildflower Telecommunications, LLC ("Wildflower"), a wholly-owned subsidiary of IdeaTek Systems, Inc., a Kansas corporation.

RECITALS

A.

Wildflower owns, maintains, operates and/or controls, in accordance with regulations promulgated by the Federal Communications Commission and the Kansas Corporation Commission (hereinafter "KCC"), telecommunications networks serving Wildflower's wireline customers through advanced fiber optic facilities and other wireless carrier customers through fiber-fed distributed antenna system facilities. Such facilities are in public rights-of-way (hereinafter "ROW"), among other locations, in the State of Kansas.

B.

Wildflower seeks to enter the City of Wichita's (the "City") ROW, and other real property of the City, to install, maintain and operate a fiber network and distributed antenna system(s) (the "Network"), so that Wildflower and/or its underlying customers (the "Customers") may provide data and telecommunications services to the residents and visitors of the City (the "Services").

C.

Some features of the Network include, without limitation, antenna nodes, poles, equipment cabinets, underground and above ground fiber optic cable, fiber handholes and enclosures, fiber repeaters and related equipment, and will include other equipment as technology evolves, in a configuration and at locations to be filed and identified through the City permit process ("Facility" or "Facilities").

D.

Certain distributed antenna systems ("DAS Facility" or "DAS Facilities") which are specific part or type of the Facilities may be located on streetlights, stand-alone poles, third party utility poles, and other structures located on or within the Public ROW or City owned property as permitted under this Agreement.

E.

Wildflower desires to obtain from City as permitted by law, and City is willing to grant to Wildflower as required by law, the right to access the Public ROW to locate, place, attach, install, operate, use, control, repair, replace, upgrade, enhance and maintain the Facilities and the DAS Facilities in a manner consistent this Agreement.

In consideration of the Recitals set forth above, the terms and conditions of this Agreement and other valuable consideration, the adequacy of which is hereby acknowledged, the parties agree as follows: