HomeMy Public PortalAbout2009_08_11_R090 - License Service Agreement - AT&T POP Facility
The Town of
Leesburg,
Virginia
PRESENTED: August 1 L 2009
RESOLUTION NO. 2009-090
ADOPTED: August 11.2009
A RESOLUTION: AUTHORIZING THE TOWN MANAGER TO EXECUTE A LICENSE
AGREEMENT BETWEEN NORTHERN VIRGINIA REGIONAL PARK
AUTHORITY FOR MAINTENANCE OF A WATER SERVICE LINE
INSTALLED BY AT&T FOR THE PROPOSED EXPANSION OF THE
AT&T'S POP FACILITY OFF OF DEPOT COURT SOUTH OF THE
W&OD BIKE TRAIL FACILITIES.
WHEREAS, the Authority owns certain real property (the "Property"), consisting of a
trail extending from Arlington County to Purcellville, Virginia, on which the Authority operates
and maintains a Park, including related facilities, for the public's use and enjoyment, also known
as the W &OD Railroad Regional Park; and
WHEREAS, Licensee (AT&T) desires to construct and maintain certain facilities and
improvements on a portion of the Authority's Property; and
WHEREAS, it is intended by the parties hereto that, ultimately, the facilities and
improvements established hereunder by the Licensee shall be transferred and assigned to the
Town for purposes of future operation and maintenance, and that upon acceptance of said
facilities and improvements into its system, the Town shall assume the status of Licensee under
this License, and in so doing, shall assume the duties, obligations, liabilities, commitments and
I
acknowledgements of the original Licensee; and
WHEREAS, Licensee acknowledges that the paramount use of the Property is for the
public's use and enjoyment and that the construction and operation of Licensee's facilities and
improvements on the Property must not adversely affect the Property's paramount use for park
purposes; and
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A RESOLUTION: AUTHORIZING THE TOWN MANAGER TO EXECUTE A LICENSE
AGREEMENT BETWEEN NORTHERN VIRGINIA REGIONAL PARK
AUTHORITY FOR MAINTENANCE OF A WATER SERVICE LINE
INSTALLED BY AT&T FOR THE PROPOSED EXPANSION OF THE
AT&T'S POP FACILITY OFF OF DEPOT COURT SOUTH OF THE
W&OD BIKE TRAIL FACILITIES.
WHEREAS, the Authority is willing to license to Licensee use of portions of the Property
on the terms and conditions set forth in the enclosed attachments; and
WHEREAS, the town attorney has approved this license agreement between the Town
and the NVPRA.
THEREFORE, RESOLVED by the Council of the Town of Leesburg in Virginia that the
Town Manager shall execute the license agreement.
PASSED this 11th day of August. 2009.
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. n C. U stattd, Mayor
Town of Leesburg
P:\Resolutions\Resolutions 2009\0811 AT&T License Agreement.doc
8/12/2009