360Network-CS070129January 29, 2007
Mr. Mitchell Merryman
360 Networks (USA) Inc.
867 Cold Creek Circle, Ste. 160
Louisville, Colorado 80027
Re: License Agreement with the City of Coppell, Texas
Dear Mr. Merryman:
As City Manager for the City of Coppell I am writing to you as a follow -up to the December 6, 2006
letter we sent to you. A true and correct copy of that letter is attached to this letter. Since we have not
received any response we are considering that a termination of the Agreement. You have not responded nor
submitted payment for the outstanding amounts. Pursuant to the contract, we are deeming the contract
terminated. Also, per the contract, we are interpreting your failure to respond as an abandonment of the fiber
optic lines you have in our right -of way. As of February 9, 2007, we will take action to take control of your
abandoned lines unless we receive full payment of the outstanding amounts before then.
Thank you for your attention to this matter. Please feel free to call me should you have any
questions.
Sincerely,
CITY OF COPPELL
V.
cc: Rob Frasene, President
Chris Mueller, CFO
Ron Gustafson, Vice President
Gary Ray, Vice President
Gregory Maffei, Chairman
867 Cold Creek Circle, Sutie 116
Louisville, Colorado 80027
130 Main Street North
3 d Floor
Butte, Montana 59701
2101 4h Avenue
Suite #2000
Seattle WA, 98121
13284
255 PARKWAY * P.O.BOX 9478 * COPPELL TX 75019 * TEL 972/462 0022 * FAX 972/304 3673
December 6, 2006
Mr. Mitchell Merryman
360 Networks (USA) Inc.
867 Cold Creek Circle, Suite 160
Louisville, Colorado 80027
Re: License Agreement between the City of Coppell, Texas and 360 Networks
(USA), Inc.
Dear Mr. Merryman:
As City Manager for the City of Coppell, I am writing to you regarding the above
referenced license agreement. We are writing to notify you of our plans to terminate this
Agreement pursuant to Section 17 of the Agreement unless you pay the $40,958.51 you owe
within thirty (30) days of this letter. The City has the right to terminate this Agreement pursuant
to Sections 17(b) and 17(c). As Licensee, you are in breach of this contract because you have
not paid the licensing fees for the fiscal years 2005 - 2006 and 2006 - 2007, therefore, pursuant
to Sections 17(b) and 17(c) of the Agreement, we are giving you thirty (30) days written notice
of this termination. Furthermore, upon the termination of the Agreement, we are invoking
Section 15 of the Agreement which requires you, upon our request, to remove all permitted
improvements and appurtenances owned by you, situated in, under or attached to the City, and
restore such property substantially to the condition of the property prior to your encroachment at
your sole expense or to abandon all permitted improvements and appurtenances in place.
Thank you for your attention to this matter. Please feel free to contact us if you have any
questions.
Sincerely,
THE CITY OF CO ELL, TEXAS
By. f,
i Witt, City Manager
JW/
cc: Jennifer Miller
255 PARKWAY * P.0.80X 9478 * COPPELL TX 75019 * TEL 972/462 0022 * FAX 972!304 367 2003
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