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HomeMy Public PortalAbout2021_01_26_R022 Amendment Right of Way License Agreement Lumos Networks Inc. Installation of Telecommunications Facilities Loudoun County GovernmentThe Town of Leesbur VJlr«';inia PRESENTED: January 26, 2021 RESOLUTION NO. 2021-022 ADOPTED: January 26, 2021 A RESOLUTION: AUTHORIZING THE TOWN MANAGER TO EXECUTE A SECOND AMENDMENT TO THE RIGHT OF WAY LICENSE AGREEMENT BETWEEN THE TOWN OF LEESBURG AND LUMOS NETWORKS, INC. FOR TELECOMMUNICATIONS FACILITIES SERVING LOUDOUN COUNTY GOVERNMENT 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, and amended on November 20, 2019, 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 telecommunications purposes; and WHEREAS, the purpose of the expansion is to provide a fiber optic telecommunication connection to the Loudoun County Government 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's Office and counsel for Lumos Networks, Inc. have prepared an appropriate Second Amendment to License Agreement; and WHEREAS, the License Agreement includes an acknowledgement by Lumos Networks, Inc. that the primary use of the Town's rights -of -way is for street purposes, and that -2- A RESOLUTION: AUTHORIZING THE TOWN MANAGER TO EXECUTE A SECOND AMENDMENT TO THE RIGHT OF WAY LICENSE AGREEMENT BETWEEN THE TOWN OF LEESBURG AND LUMOS NETWORKS, INC. FOR TELECOMMUNICATIONS FACILITIES SERVING LOUDOUN COUNTY GOVERNMENT FACILITIES the construction and operation of the telecommunications facilities shall not adversely affect such property's primary use for street purposes. THEREFORE, RESOLVED, by the Council of the Town of Leesburg in Virginia that the Town Manager is authorized to execute the Second Amendment to License Agreement with Lumos Networks, Inc. in a form approved by the Town Attorney. PASSED this 26th day of January, 2021. Kell Burk, Mdyor Town of Leesburg ATTEST: Clerk of Council LF\LeesburgRMS\Town_Clerk\Resolutions\2021\0126 Amendment Right of Way License Agreement Lumos Networks Inc. Installation of Telecommunications Facilities Loudoun County Government