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HomeMy Public PortalAbout2019_11_12_R164 License Agreement between Town of Leesburg and Lumos Networks, Inc. for Loudoun County Public Schools Facilities ConnectionThe Town of Leesburg, Virginia PRESENTED: November 12, 2019 RESOLUTION NO. 2019-164 ADOPTED: November 12, 2019 A RESOLUTION: AUTHORIZING THE TOWN MANAGER TO EXECUTE A FIRST AMENDMENT TO LICENSE AGREEMENT BETWEEN THE TOWN OF LEESBURG AND LUMOS NETWORKS, INC. FOR TELECOMMUNICATIONS FACILITIES IN THE TOWN'S RIGHTS - OF -WAY FOR LOUDOUN COUNTY PUBLIC SCHOOL FACILITIES WHEREAS, a license agreement is necessary to allow the operation and maintenance of telecommunications facilities within the Town's rights -of -way; and WHEREAS, the Town has entered into a License Agreement with Lumos Networks, Inc., dated November 17, 2017, permitting the use of certain defined areas of the Town's rights -of - way for the installation, operation, and maintenance of telecommunications facilities, for a term of five (5) years; and WHEREAS, Lumos Networks, Inc. seeks to expand its use of the Town's rights -of -way for telecommunication purposes; and WHEREAS, the purpose of the expansion is to provide a fiber optic telecommunication connection to the Loudoun County Public School facilities within Leesburg; and WHEREAS, an amendment to the existing License Agreement is necessary to redefine the areas within the Town's rights -of -way in which Lumos Networks, Inc. is permitted to install, operate and maintain its telecommunications facilities; and WHEREAS, the Town Attorney and counsel for Lumos Networks, Inc. have prepared an appropriate First Amendment to License Agreement; and WHEREAS, Lumos Networks, Inc. acknowledges that the primary use of the Town's rights -of -way is for street purposes, and that the construction and operation of the 2 A RESOLUTION: AUTHORIZING THE TOWN MANAGER TO EXECUTE A FIRST AMENDMENT TO LICENSE AGREEMENT BETWEEN THE TOWN OF LEESBURG AND LUMOS NETWORKS, INC. FOR TELECOMMUNICATIONS FACILITIES IN THE TOWN'S RIGHTS - OF -WAY FOR LOUDOUN COUNTY PUBLIC SCHOOL FACILITIES telecommunications facilities shall not adversely affect such property's primary use for street purposes; and THEREFORE, RESOLVED, by the Council of the Town of Leesburg in Virginia that the Town Manager is authorized to execute the First Amendment to License Agreement with Lumos Network Inc. in a form approved by the Town Attorney. PASSED this 12th day of November, 2019. Kelly yBt lytayor Town of Leesburg Al 1EST: Clerk of Council LF\LeesburgRMS\Town_Clerk\Resolutions\2019\1112 License Agreement between Town of Leesburg and Lumos Networks, Inc. for Loudoun County Public Schools Facilities Connection