HomeMy WebLinkAbout 19-109 Master Use Agreement and Supplemental Site License Agreeent with Unite Private Networks Fiver Optic NetworkRESOLUTION NO. 19-109
A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF
FIRESTONE, COLORADO, AUTHORIZING AND APPROVING A
MASTER USE AGREEMENT AND SUPPLEMENTAL SITE LICENSE
AGREEMENT WITH UNITE PRIVATE NETWORKS REGARDING THE
INSTALLATION AND OPERATION OF A FIBER OPTIC NETWORK
AND RELATED EQUIPMENT IN TOWN CONTROLLED RIGHTS OF
WAY
WHEREAS, Unite Private Networks ("UPN") is authorized to operate as a
telecommunications provider by the Colorado Public Utilities Commission; and
WHEREAS, UPN has submitted plans to install a fiber optic network, which includes fiber
optic lines and related equipment, in various locations within the Town's Rights of Way; and
WHEREAS, the Town and UPN wish to define the terms of the use of Town right -of --way
for the purposes of installation and operation of a fiber optic utility (the "Master Use Agreement");
and
WHEREAS, the Use Agreement requires UPN to obtain a supplemental site license from
the Town for each public right -of --way segment in which UPN desires to locate, construct, operate,
control and maintain its fiber optic network equipment before commencing construction of such
network equipment at that particular right -of --way location (the "Supplemental Site License"); and
WHEREAS, UPN and the Town wish to define the terms of UPN's license to construct,
install and operate its fiber optic network equipment, as well as the terms of any potential, future
collaboration with UPN to install Town -owned shadow fiber optic conduit and related equipment
in each segment of the public right -of --way in which UPN installs its network equipment and the
future use of such shadow fiber optic infrastructure as part of a new communication infastructure,
including reimbursement; and
WHEREAS, the attached Master Use Agreement and Supplemental Site License
Agreement clearly define the rights and responsibilities of the parties in relation to UPN's
construction and use of its own fiber optic network equipment, UPN's construction of any
proposed, future fiber optic infrastructure to be owned by the Town, reimbursement to UPN for
work performed in support of such a project, and the Town's ownership and use of the fiber optic
infrastructure upon completion of such a project.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FIRESTONE, COLORADO:
Section 1. The Master Use Agreement between the Town of Firestone and Unite Private
Networks, in a form substantially similar to the form attached hereto as Exhibit A, is hereby
approved.
Section 2. The Supplemental Site License Agreement between the Town of Firestone and
Unite Private Networks, in a form substantially similar to the form attached hereto as Exhibit B,
is hereby approved.
Section 3. The Mayor is authorized to sign the Master Use Agreement on behalf of the Town.
Section 4. The Town Manager is hereby authorized to execute the Supplemental Site License
Agreement on behalf of the Town, to the extent consistent with the Town Manager's spending
authority.
Section 5. The Town Manager, or his designee, is authorized to hereafter amend the terms and
conditions of the Supplemental Site License Agreement in conjunction with future planned fiber
optic network equipment installations in Town -controlled right-of-way by Unite Private Networks.
INTRODUCED, READ AND ADOPTED this 1 lth day of December, 2019.
OF FIRESTONE, COLORADO
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Lisa Bartley, Acting TcWvn Clerk
APPROVED AS TO FORM:
William l�Hayashi, Town Attorney