Resolution 2024-03 - Laserfiche WebLink

Home Browse Search

REVOCABLE LICENSE AGREEMENT THIS AGREEMENT is entered into this 16th day of January , 20 24, by and between the City of Louisville, a Colorado Municipal Corporation (hereinafter referred to as "City") and BIF IV Intrepid OpCo LLC (hereinafter referred to as "Licensee"). WITNESSETH: WHEREAS, City is a Colorado home rule city organized and existing under and by virtue of Article XX of the Colorado Constitution and possesses plenary power and authority over the use and occupation of the public rights of way within its corporate boundaries; and WHEREAS, Licensee represents and warrants: (a) that it is a Telecommunications Provider" as that term is defined in Section 7 of Article I; and (b) that it operates within the geographical boundaries of the City of Louisville; and WHEREAS, Licensee provides its Telecommunications Services to customers over a network owned, controlled, or leased by Licensee which lines are authorized pursuant to franchise, license agreement or revocable permit; and WHEREAS, Licensee may wish to install Facilities upon or within certain public rights of way within the corporate boundaries of the City in order to provide Telecommunications Services; and WHEREAS, City is authorized under the constitution and laws of the State of Colorado to grant consent to Telecommunications Providers to occupy the public rights of way for such purposes; provided, however, the same shall not be nor constitute the granting of a local franchise under Article XI of the City of Louisville Home Rule Charter (the "Charter"), nor shall same ever become or ripen into any franchise; and WHEREAS, as part of the consideration for Licensee's use of the City's public rights of way, Licensee has agreed to install and dedicate to the City certain fiber and conduit for municipal use in accordance with this Agreement; and WHEREAS, the City and Licensee have agreed to be bound by the terms and conditions set forth herein which shall govern Licensee's use of the public rights of way and the City Project (defined below); NOW, THEREFORE, in consideration of the foregoing recitals and the terms, conditions, and mutual promises set forth herein, the parties agree as follows: ARTICLE I - DEFINITIONS As used in this License Agreement, the following terms, phrases, and words shall be ascribed the following meanings, unless the context indicates otherwise. As used in this License Agreement, the word "shall" is mandatory, and the word "may" is permissive. Words not defined