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RESOLUTION NO. 3 SERIES 2019 A RESOLUTION APPROVING AN AMENDED AND RESTATED LEASE AND LICENSE AGREEMENT FOR FIBER OPTIC TELECOMMUNICATIONS NETWORK BETWEEN THE CITY OF LOUISVILLE AND BOULDER VALLEY SCHOOL DISTRICT NO RE-2 WHEREAS, pursuant to the Lease and License Agreement for Fiber Optic Telecommunications Network between the City of Louisville and Boulder Valley School District No. RE-2 (the "District") dated August 12, 2008 (the "2008 Agreement"), which Agreement expired by its terms on August 12, 2018, the District has built a fiber optic telecommunications network throughout its boundaries (the "District Network"); and WHEREAS, as part of the District Network, the District constructed two fiber optic rings consisting of 288 strands of fiber optic cable, with the east ring providing service to the Louisville/Lafayette area, and with the west ring providing service to the City of Boulder and western Boulder County area, and WHEREAS, the City owns the public rights of way within the City of Louisville, a portion of which the District had leased for the last ten years for the purpose of installing, operating, and maintaining the Louisville part of the District Network; and WHEREAS, within portions of the District Network, the City owns conduit that includes six pair 22 AWG cable and empty conduit (the "City Conduit"); and WHEREAS, by the 2008 Agreement, the City licensed use of the City Conduit to the District for installation of the District Network, and where there was no City Conduit available for use by the District, the City permitted the District to use the public right of way for the installation of conduit and fiber to complete the District Network; and WHEREAS, in consideration for use of City right of way and City Conduit space, the District provided to the City 12 strands of fiber optic cable throughout portions of its east ring; in addition, the District provided the City 12 strands of fiber optic cable along certain spur routes that are not part of the east ring ("Dedicated City Fiber"), and WHEREAS, as additional consideration, at no cost to the City, the District extended telecommunications conduit and/or fiber optic cable with 12 AWG locator wire to individual City buildings such as the North Water Treatment Plant — Main Building, Pretreatment Building and High Zone Pump Station (1955 N Washington Ave.), City Hall (749 Main St.), Police Station (992 Via Appia) and Recreation Center (900 Via Appia), and provided one conduit with splice boxes for a crossing of SH42 at Pine St. and included splice boxes for future connection of the Dedicated City Fiber to the Coal Creek Golf Course Club House (585 Dillon Rd), Coal Creek Golf Course Maintenance Building (742 Dillon Rd.), and the Community Building (801 Grant Ave.), and WHEREAS, there has been proposed an Amended and Restated Lease and License Resolution No. 3, Series 2019 Page 1 of 2