HomeMy WebLinkAbout20052596.tiff RESOLUTION
RE: APPROVE RESCINDING RESOLUTION #2005-2155, DATED AUGUST 1, 2005, FOR
A LETTER AGREEMENT FOR USE OF CONDUIT AND APPROVE AMENDED LETTER
AGREEMENT FOR USE OF CONDUIT AND AUTHORIZE CHAIR TO SIGN - ICG
TELECOM GROUP, INC.
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, by Resolution#2005-2155,dated August 1,2005,the Board approved a Letter
Agreement,dated July 22,2005,for Use of Conduit,on behalf of the Department of Phone Services,
and ICG Telecom Group, Inc., and
WHEREAS,after review,the Board deems it advisable to rescind Resolution#2005-2155,
dated August 1, 2005, and
WHEREAS, the Board has been presented with an Amended Letter Agreement, dated
August 30,2005,for Use of Conduit between the County of Weld,State of Colorado,by and through
the Board of County Commissioners of Weld County, on behalf of the Department of Phone
Services, and ICG Telecom Group, Inc.,commencing upon full execution of said letter agreement,
with further terms and conditions being as stated in said letter agreement, and
WHEREAS, after review, the Board deems it advisable to approve said amended letter
agreement, a copy of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County,Colorado,that Resolution#2005-2155,dated August 1,2005,for a Letter Agreement,dated
July 22,2005,for Use of Conduit,on behalf of the Department of Phone Services,and ICG Telecom
Group, Inc., be, and hereby is, rescinded.
BE IT FURTHER RESOLVED by the Board of County Commissioners of Weld County,
Colorado,that the Amended Letter Agreement dated August 30,2005,for Use of Conduit between
the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld
County, on behalf of the Department of Phone Services, and ICG Telecom Group, Inc., be, and
hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said amended letter agreement.
2005-2596
CM0016
PS oct
LETTER AGREEMENT FOR USE OF CONDUIT
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 7th day of September, A.D., 2005.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
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I gyp William H. rke, Chair
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David E. Long
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2005-2596
CM0016
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Communications
September 6, 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 Weld County Buildings & Grounds Building located at 1500
Second Street, Greeley, Colorado, running to the Colorado Department of Transportation
building located at 1420 Second 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 within the
Conduit (the "ICG Fiber")beginning at an intercept point to be constructed by ICG and
continuing to the Colorado Department of Transportation Building located at 1420 2"a
Street, Greeley, Colorado. There shall be no charge for this use. ICG shall be responsible
for location and maintenance of the ICG Fiber 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 12 strand fiber owned and utilized
by the County(the "County Fiber"). ICG agrees that its use of the Conduit and the ICG
Fiber 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 Fiber 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 Fiber, the County shall
repair and wholly restore ICG's use of the ICG Fiber, or at ICG's discretion, ICG may
. 045- . 59�
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, such use
shall not interfere with ICG's use of the ICG Fiber and the County shall insure that such
third party is responsible for immediately repairing any damage to the ICG Fiber caused
by such third party's use of or access to the Conduit.
Upon execution by both Parties, this Letter Agreement shall serve to supersede and
render null and void that certain Letter Agreement by and between ICG and the County
dated July 22, 2005, a copy of which is attached hereto for reference.
If this is acceptable,please have this Letter Agreement executed by a County
representative with the authority to do so.
Sincerely,
By:
Scott Beer
V.P. and General Counsel
ICG Telecom Group, Inc.
Date: 170,9/05
AGREED AND ACCEPTED:
By:
William H. Jerke, Chairman
Board of County Commissioners
emsb 1 /ON �, Weld County, Colorado
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At MI/14
` eve WELD COUNTY CLERK THE B )ARD
BY:
DEPUTY CLERK T TH BOARD
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