HomeMy Public PortalAbout2021_01_26_R022 Amendment Right of Way License Agreement Lumos Networks Inc. Installation of Telecommunications Facilities Loudoun County GovernmentThe Town of
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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