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RESOLUTION N0.36 SERIES 2008 A RESOLUTION APPROVING A LEASE AND LICENSE AGREEMENT BETWEEN THE CITY OF LOUISVILLE AND BOULDER VALLEY SCHOOL DISTRICT NO. RE- 2 FOR A FIBER OPTIC TELECOMMLfNICATIONS NETWORK WHEREAS, the Boulder Valley School District No. RE-2 (the "District") desires to install a fiber optic telecommunications nel:work (the "District Network"), to include portions of the City of Louisville; and WHEREAS, the City owns conduit within its rights-of--way, a portion of which, the District desires to lease for the purpose of installing the District Network; and WHEREAS, where there is no City conduit available for the District's use, the District desires to license City rights-of--way to install conduit and fiber; and WHEREAS, in consideration for the use of the City conduit and rights-of--way, the District will provide with strands of fiber optic cable for the City's use and install related facilities for the City; and WHEREAS, pursuant to Section 29-1-203, C.R.S., the City and the District may enter into an agreement for the common utilization of school and city facilities; and WHEREAS, a lease and license agreement for City conduit and rights-of--way has been proposed between the City and the District. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LOUISVILLE, COLORADO: 1. The Proposed Lease and License Agreement for Fiber Optics Telecommunications Network between the City of Louisville z~nd Boulder Valley School District No. RE-2 (the "Agreement") is hereby approved in essenl:ially the same form as the copy of such Agreement accompanying this Resolution. 2e The Mayor is authorized to execute the Agreement on behalf of the City, except that the Mayor is hereby further granted authority to negotiate and approve such revisions to said Agreement as the Mayor determines are necessary or desirable for the protection of the City, so long as the essential terms and conditions of the Agreement are not altered. 1