Resolution 2008-36 - Laserfiche WebLink

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LEASE AND LICENSE AGREEMENT FOR FIBER OPTIC TELECOMMUNICATIONS NETWORK BETWEEN CITY OF LOUISVILLE AND BOULDER VALLEY SCHOOL DISTRICT NO. RE-2 THIS AGREEMENT ("Agreement") is between the BOULDER VALLEY SCHOOL DISTRICT No. RE-2, a Colorado school district (the "District"); and the CITY OF LOUISVILLE, a Colorado home rule municipal corporation (hereinafter referred to as the "City"), and is entered into and effective as of ~ , 2008. BACKGROUND The District desires to build a Fiber Optic Telecommunications Network ("District Network" or "Network") throughout its boundaries. As part of the Network, the District will construct two fiber optic rings. The east ring will provide service to the Louisville/Lafayette area; the west ring will provide service to the City of Boulder and western Boulder County area. The District intends to install a 288 strand fiber optic cable throughout the City of Boulder, the City of Louisville, the City of Lafayette and unincorporated Boulder County to build its Network. The City owns public rights of way, a portion of which the District intends to use for the purpose of installing part of the Network. Within portions of the District's proposed Network, the City has conduit that includes six pair 22 AWG cable and empty conduit. The City vntends to license portions of the public right of way and lease conduit to the District. Where there is nc~ City conduit available for use by the District, the City will permit the District to use the public right of way for the installation of conduit and fiber to build its Network. In consideration for use of the right of way and conduit space, the District will provide to the City 12 strands of fiber optic cable throughout portions of its east ring. In addition, the District will provide the City 12 strands of fiber optic cable along certain spur routes that are not part of the east ring (together referred to as the "Dedicated City Fiber"). The City will retain the right to use or assign the Dedicated City Fiber to parties of its choosing. The City and the District have authority to proceed with the development of the District Network in accordance with Section 29-1-203, C.R.S. which authorizes the District and the City to enter into agreements for the common utilization of school and City facilities. COVENANTS In consideration for the rents described in this Agreement and the covenants made by each of the Parties and for other good and valuable consideration, it is agreed by the Parties as follows: