HomeMy WebLinkAbout20052155.tiff RESOLUTION
E: • - • ' . LETTER GREEMENT FOR USE OF CONDUIT AND AUTHORIZE CHAIR
TO S =N - I . COM GROUP, INC.
HE , the Board County Commissioners of Weld County, Colorado, pursuant to
Colorad stat e an the Weld County Home Rule Charter, is vested with the authority of
administe g th affai of Weld County, Colorado, and
WHE AS, he Boar has b n presented with a Letter Agreement for Use of Conduit
between the unt of Wel , Stat of Colorado, by and through the Board of County
Commissioners o e County on behalf of the Department of Phone Services, and ICG Telecom
Group, Inc., comet ci full execution of said letter agreement, with further terms and
conditions being as s ted in s • eement, and
WHEREAS,after vie ,the Board deems it advisable to approve said letter agreement,a
copy of which is attached ret and incorpgyated herein by reference.
NOW,THEREFORE, IT RESOLVED by the Board of County Commissioners of Weld
County,Colorado,that the Letter gr f Conduit between the County of Weld,State
of Colorado, by and through the B rd of Cou ommissioners of Weld County, on behalf of the
Department of Phone Services, an ICG ecom Grou , Inc., be, and hereby is, approved.
BE IT FURTHER RESOLVED b he Board that the Chair be, and hereby is, authorized to
sign said letter agreement. "
The above and foregoing Resolution s, motion y made and seconded, adopted by
the following vote on the 1st day of August, A. ., 2
� B R FGOU COMMISSIONERS
a`� WE C N1\(, C ORADO
1861 F_t,7 �Jf William . J
t?t \r T� d o ��y Clerk to the Board
' 1
M. J. le, r - e
•
Deputy Clerk t. the Board
DaA E. Long
APPROV S TO \0- . 6. \I\
Rob D. M sde
my Att rney
lenn V
Date of signature: E'
2005-2155
C .: C Inn Co-!:( CM0016
Ge;�;Z 0 S
Communications
July 22, 2005
Board of County Commissioners
of Weld County, Colorado
PO Box 758
Greeley, CO 80632
Re: Use of Conduit in Greeley, Colorado by ICG Telecom Group, Inc. ("Letter
Agreement")
Dear Commissioners,
The purpose of this Letter Agreement is to set forth an agreement between Weld County,
Colorado (the"County") and ICG Telecom Group, Inc. ("ICG") regarding ICG's use of a
certain conduit owned by the County in Greeley, Colorado. The County owns one (1) two
inch conduit from the ICG utility vault at the corner of 14th Avenue and 2"d Street in
Greeley, Colorado running to the Colorado Department of Transportation building
located at 1420 2nd Street in Greeley, Colorado (the "Conduit").
Pursuant to our discussions, for a period of ten(10) years from the date of signature of
the County, the County shall allow ICG to place a single 24-strand fiber, contained in an
innerduct, within the Conduit (the "ICG Innerduct"). There shall be no charge for this
use. ICG shall be responsible for location and maintenance of the ICG Innerduct at its
sole cost and expense. This allowed use is intended to benefit the parties to this letter
agreement, only, and shall not be construed as implied approval for the placement of
similar additional fiber lines within the Conduit by ICG or any party other than County.
ICG acknowledges that the Conduit currently holds a 24 strand fiber owned and utilized
by the County(the "County Fiber"). ICG agrees that its use of the Conduit and the ICG
Innerduct shall not interfere with the County's use of the Conduit and ICG will, within
thirty(30) days of receipt of written notification from the County, remove the ICG
Innerduct or take other reasonable corrective measures if deemed necessary by County to
eliminate such interference. ICG will reasonably cooperate with the County in any
repairs, maintenance, relocation, or similar activity regarding the Conduit.
ICG agrees that, in the event ICG causes damage to the County Fiber, ICG shall repair
and wholly restore the County's use of the County Fiber at ICG's expense. The County
agrees that in the event the County causes damage to the ICG Innerduct, the County shall
repair and wholly restore ICG's use of the ICG Innerduct, or at ICG's discretion, ICG
may perform such repairs and the County shall reimburse ICG for the cost of such
repairs. In the event the County allows any third party access to or use of the Conduit,
2005-2155
3- SC dos a4iea, /(Petty)
such use shall not interfere with ICG's use of the ICG Innerduct and the County shall
insure that such third party is responsible for immediately repairing any damage to the
ICG Innerduct caused by such third party's use of or access to the Conduit.
If this is acceptable, please have this Letter Agreement executed by a County
representative with the authority to do so.
Sincerely, ;..-7
By:
Scott Beer
V.P. and General Counsel
ICG Telecom Group, Inc.
Date: \ v.---l"-1 22 2C Y"
AGREED AND ACCEPTED:/
By:
William H. Jerke, Chairman
Board of County Commissioners
of Weld County, Colorado
Date: AUG 01 2005
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