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RESOLUTION NO. 3 <br />SERIES 2024 <br />A RESOLUTION APPROVING A REVOCABLE LICENSE AGREEMENT FOR THE <br />INSTALLATION OF FIBER OPTIC CABLES AND CONDUIT WITHIN CITY RIGHTS - <br />OF -WAY IN CONNECTION WITH THE INTREPID FIBER NETWORK <br />WHEREAS, BIF IV Intrepid OpCo LLC ("Intrepid"), a telecommunications provider <br />owning and operating fiber networks, desires to license from the City portions of City - <br />owned rights -of -way for the installation of fiber optic cables and conduit; and <br />WHEREAS, in exchange for the use of such City -owned rights -of -way, Intrepid will <br />install and construct additional conduit and fiber for the City's use and pay building permit <br />and right-of-way permit fees for the installation of Intrepid facilities; and <br />WHEREAS, a revocable license agreement between the City and Intrepid has <br />been proposed for such purposes; and <br />WHEREAS, the City Council finds that the proposed agreement is in the best <br />interests of the City and its citizens, and by this resolution desires to approve the agreement <br />and authorize its execution. <br />NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY <br />OF LOUISVILLE, COLORADO: <br />1. The proposed Revocable License Agreement between the City of Louisville <br />and BIF IV Intrepid OpCo LLC (the "Agreement") is hereby approved in essentially the same <br />form as the copy of such Agreement accompanying this Resolution. <br />2. The Mayor is authorized to execute the Agreement on behalf of the City, and <br />the Mayor is hereby further authorized to negotiate and approve such revisions to the <br />Agreement as the Mayor determines are necessary or desirable for the protection of the <br />City, so long 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 <br />to execute all documents and do all other things necessary on behalf of the City to provide <br />for performance of the obligations of the City under the Agreement. <br />PASSED AND ADOPTED this 16th day of January, 2024. <br />/2 <br />ATTEST: <br />er- • ut City Clerk <br />er M. Leh Mayor <br />Resolution No. 3, Series 2024 <br />Page 1 of 1 <br />