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4.8 SR 01-21-2025
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4.8 SR 01-21-2025
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1/31/2025 3:44:17 PM
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1/21/2025
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AMENDMENT TO SHERBURNE COUNTY BROADBAND <br />ACCESS GRANT PROGRAM AGREEMENT <br />THIS AMENDMENT to Broadband Access Grant Program Agreement is made and <br />entered into this 21st day of January 2025 (the "Amendment Effective Date") by and between <br />the City of Elk River, a political subdivision of the State of Minnesota (the "City"), 13065 <br />Orono Parkway, Elk River, Minnesota 55330, and Tekstar Communications, Inc. d/b/a Arvig <br />150 2nd St. SW Perham, Minnesota 56573 (the "Grantee"). <br />WHEREAS, the City and Grantee are parties to that certain Broadband Access Grant <br />Program Agreement with an Effective Date of January 3, 2023 (the "Grant Agreement"); <br />and <br />WHEREAS, the Grant Agreement provides for an initial term through December 31, <br />2024, with construction and installation of project components to be completed during <br />2024; and <br />WHEREAS, the Grantee is seeking an extension to seek additional drops to individual <br />properties; and <br />WHEREAS, the Parties wish to amend the Grant Agreement to extend its term in order <br />to provide Grantee additional time to complete the Grant Project (as that term is defined in the <br />Grant Agreement). <br />l. Amendment. This Amendment shall be considered a part of the Grant Agreement and <br />will be governed by the terms thereof. The Parties shall fully comply with the terms and <br />conditions of the Grant Agreement in their performance of this Amendment. The <br />words, phrases and capitalized terms used in this Amendment shall have the same <br />meaning as in the Grant Agreement. In the event of a conflict, the specific terms of this <br />Amendment shall control, to the extent of such conflict. <br />2.Term. The term of the Grant Agreement is extended through December 31, 2025, <br />unless earlier terminated pursuant to the terms of the Grant Agreement. <br />3.Extension of Time for Completion. Unless an additional extension of time is approved in <br />writing by the City's Authorized Representative, Grantee shall complete all construction <br />and installation work relating to the Grant Project no later than December 31, 2025, and <br />shall submit all invoices and required reports to the City no later than January 2, 2026. <br />[Signature page follows.] <br />Page 72 of 155
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