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RESOLUTION NO. 22 <br />SERIES 2014 <br />A RESOLUTION APPROVING A LICENSE AND EXCHANGE AGREEMENT WITH <br />ZAYO GROUP, LLC FOR THE INSTALLATION OF FIBER OPTIC CABLES AND <br />CONDUIT WITHIN CITY RIGHTS -OF -WAY <br />WHEREAS, Zayo Group, LLC, a telecommunications provider owning and operating <br />metro fiber networks, desires to license from the City portions of City -owned conduit and rights - <br />of -way for the installation of fiber optic cables and conduit; and <br />WHEREAS, in exchange for the use of such City -owned conduit and rights -of -way, <br />Zayo will install and construct additional conduit and fiber for the City's use; and <br />WHEREAS, a license and exchange agreement between the City and Zayo .Group has <br />been proposed for such purposes; and <br />WHEREAS, the City Council finds that the proposed contract is in the best interests of the <br />City and its citizens, and by this resolution desires to approve the contract and authorize its <br />execution; <br />NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY <br />OF LOUISVILLE, COLORADO: <br />1. The Proposed License and Exchange Agreement between the City of Louisville and <br />Zayo Group, LLC (the "Agreement ") is hereby approved in essentially the . same form as the copy of <br />such Agreement accompanying this Resolution. <br />2. The Mayor is authorized to execute the Agreement on behalf of the City, except that <br />the Mayor is hereby further granted authority to negotiate and approve such revisions to said <br />Agreement as the Mayor determines are necessary or desirable for the protection of the City, so long <br />as the essential terms and conditions of the Agreement are not altered. <br />3. The Mayor, City Manager, City Clerk, and City staff are hereby authorized to <br />execute all documents and do all other things necessary on behalf of the City to provide for <br />performance of the obligations of the City under the Agreement. <br />PASSED AND ADOPTED this /6:X day of , 2014. <br />it? i y' Robert P. Muckle <br />_' SEAL * H <br />AT :, . <br />^ES'tT' <br />' ff <br />N ncy Varra, City Clerk <br />Resolution No. 22, Series 2014 <br />Page 1 of 1 <br />