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HomeMy Public PortalAbout2015_08_11_R088 License Agreement between TOL and Shentel for Telecom Facilities in ROW The Town of Leesburg, Virginia PRESENTED August 11,2015 RESOLUTION NO. 2015-088 ADOPTED August 11,2015 A RESOLUTION: AUTHORIZING THE TOWN MANAGER TO EXECUTE A LICENSE AGREEMENT BETWEEN THE TOWN OF LEESBURG AND SHENTEL COMMUNICATIONS, LLC FOR TELECOMMUNICATIONS FACILITIES IN TOWN RIGHT-OF-WAY WHEREAS, Shentel Communications, LLC (the"Provider") seeks to use the Town's Right-of-Way and for telecommunication purposes; and WHEREAS,the Provider seeks to install, operate and maintain a fiber optic cable system (the"Facilities")that will use public streets within the Town; and WHEREAS,the purpose of the Facilities is to provide support to local businesses operating within the Town; and WHEREAS,the Provider acknowledges that the primary use of the Town's Rights-of-Way is for street purposes and that the construction and operation of the Facilities shall not adversely affect such property's primary use for street purposes; and WHEREAS, a License Agreement is necessary to allow installation,operation and maintenance of the Facilities;and WHEREAS, the Town Attorney has negotiated a License Agreement between the Town and the Provider to install operate and maintain the Facilities; and WHEREAS,the term of the License Agreement will run for five(5)years; and WHEREAS,the Provider has approved the License Agreement and all fees will be borne by the Provider; and WHEREAS,the terms contained in the License Agreement are reasonable and equitable and will benefit the Town. -2- A RESOLUTION: AUTHORIZING THE TOWN MANAGER TO EXECUTE A LICENSE AGREEMENT BETWEEN THE TOWN OF LEESBURG AND SHENTEL COMMUNICATIONS, LLC FOR TELECOMMUNICATIONS FACILITIES IN TOWN RIGHT-OF-WAY THEREFORE,RESOLVED by the Council of the Town of Leesburg in Virginia that the Town Manager is authorized to execute the License Agreement with Shentel Communications, LLC,for telecommunications facilities pass through the Town,in a form approved by the Town Attorney. PASSED this 11th day of August, 2015. 44111.71t61774 • PAW -p NI •n C. U stand,Mayor Town of Leesburg ArIa. 1. r � � Clerk of Co !' P:\Resolutions\2015\0811 License Agreement between TOL and Shentel for Telecom Facilities in ROW.doc