Resolution 2009-22 - Laserfiche WebLink

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~~v~~~ (3)~ Via Em ail Deliverv 06/29/2009 David Thompson City Of Louisville 749 Main Street Louisville, CO. 80027 Re: Level 3 Communications, LLC, including its affiliates and subsidiary companies ("Level 3") Telecommunications Facility Relocation - Boulder County, Colorado- Fiber Optic Cable Relocation Dear Mr. Thompson: The City of Louisville (the "Requestor") has contacted Level 3 regarding relocation and/or adjustment of fiber optic lines (the "Facilities") located at or in the vicinity of Dillon Road / Burlington Northern & Santa Fe Railway Company ("BNSF") railroad tracks, (the "ROW") for the benefit of a site development project referredl to as City of Louisville Dillon Roadway Improvements Project. The current location of the Facilities in the ROW is set forth in the description attached hereto as Exhibit "A". Level 3 will relocate its Facilities to an alternative location in such manner to avoid all possible known conflicts between the Facilities and the Requestor's site improvements. The new location will be agreed upon by BNSF ("the ROW Provider") and Level 3 and shall be located within property owned and under the control of the ROW Provider (the "New Facility Location") attached hereto as Exhibit "B", provided that: (1) ROW Provider first grants to Level 3 the complete authority to relocate its Facilitics to the New Facility Location. (2) Level 3's contractor (or ROW Provider) will coordinate and perfonn all relocation work (the "Work"). Level 3 willi use reasonable efforts to perform all Work from within the ROW Provider's right of way; however, where Level 3 is required to perform the Work trom a third party's property, Level 3 will endeavor to do so at Requestor's sole cost and expense. In addition, Level 3 shall be pennitted to perform the Work from Requestor's or other's property. Where Level 3 performs the Work from Requestor's or other's property, Level 3 will use reasonable efforts to minimize the impact of such Work thereon. (3) Requestor will first provide Level 3 with a check in the amount of Thirty Five Thousand Eight Hundred Thirty Eight Dollars ($35,838) usn prior to Level 3 perfonning any Work. Such amount reflects the estimated cost and expense of performing the Work, as per the estimate attached hereto as Exhibit "C". Line item amounts on Exhibit "c" shall not be exceeded or reallocated without prior City approval.