HomeMy WebLinkAbout12611RESOLUTION NO. 12611
A RESOLUTION APPROVING A LICENSE AGREEMENT
BETWEEN PUEBLO, A MUNICIPAL CORPORATION AND
LEVEL 3 COMMUNICATIONS, LLC, A DELAWARE
LIMITED LIABILITY COMPANY, GRANTING SAID ENTITY
A CITY TELECOMMUNICATIONS LICENSE
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The License Agreement between the City of Pueblo and Level 3
Communications, LLC, a copy of which is attached hereto, having been approved as to
form by the City Attorney, is hereby approved.
SECTION 2.
The President of City Council is authorized to execute and deliver the License
Agreement in the name of the City and the City Clerk is directed to affix the seal of the
City and attest same.
SECTION 3.
This Resolution shall become effective upon passage and approval.
INTRODUCED: March 11, 2013
BY: Chris Nicoll
Background Paper for Proposed
RESOLUTION
DATE: March 11, 2013AGENDA ITEM #M-7
DEPARTMENT: Law Department
Daniel C. Kogovsek, City Attorney
TITLE
A RESOLUTION APPROVING A LICENSE AGREEMENT BETWEEN PUEBLO, A
MUNICIPAL CORPORATION, AND LEVEL 3 COMMUNICATIONS, LLC, A
DELAWARE LIMITED LIABILITY COMPANY, GRANTING SAID ENTITY A CITY
TELECOMMUNICATIONS LICENSE
ISSUE
Should the City grant a five (5) year telecommunications license to Level 3
Communications, LLC?
RECOMMENDATION
The Law Department recommends approval of the Resolution.
BACKGROUND
Level 3 Communications, headquartered in Broomfield, CO is an Internet Service
Provider which provides data, video and voice services to businesses and other ISP’s
doing business in the City. The telecommunications license will allow Level 3
Communications to place conduit and other equipment within the City’s rights-of-way,
subject to prior approval of construction plans by City’s Public Works Department.
FINANCIAL IMPACT
Level 3 Communications and its customers will pay the City all applicable sales and use
taxes, E-911 fees and occupation taxes.
REV. 10/18/11
LICENSE AGREEMENT
THIS AGREEMENT is entered into this 11 day of March , 2013, by and between
the City of Pueblo, a Municipal Corporation (hereinafter referred to as "City ") and Level 3
Communications, LLC, a Delaware limited liability company (hereinafter referred to as "Licensee ").
WITNESSETH:
WHEREAS, City is a Colorado home rule city organized and existing under and by virtue of
Article XX of the Colorado Constitution and possesses plenary power and authority over the use and
occupation of the public rights of way within its corporate boundaries; and
WHEREAS, Licensee represents and warrants: (a) that it is a "telecommunications provider"
as that term is defined under Colorado law, including but not limited to §38 -5.5- 102(3), C.R.S., (b)
that it is duly authorized by the Colorado Public Utilities Commission ( "PUC ") to provide regulated
telecommunications services within the State of Colorado, including within the geographical
boundaries of the City of Pueblo, and (c) that it operates within the geographical boundaries of the
City of Pueblo as a local exchange provider, as defined by §40 -15- 102(18), C.R.S. and/or as an
interexchange provider, as defined by §40 -15- 102(11), C.R.S.; and
WHEREAS, Licensee provides its telecommunications services to customers over leased
private network and/or incumbent local exchange provider facilities located upon or within certain
public rights of way which lines are authorized pursuant to franchise, license agreement or revocable
permit; and
WHEREAS, Licensee may wish to install its own telecommunications facilities upon or
within certain public rights of way within the corporate boundaries of the City in order to provide
either basic local exchange service, interexchange telecommunications services or other regulated
telecommunications services; and
WHEREAS, City is authorized under the constitution and laws of the State of Colorado to
grant consent to local exchange providers and interexchange providers to occupy the public rights of
way for such purposes; provided, however, the same shall not be nor constitute the granting of a
local franchise under Article 16 of the City's Charter nor shall same ever become or ripen into any
franchise; and
WHEREAS, the City and Licensee have agreed to be bound by the terms and conditions set
forth herein which shall govern Licensee's use of the public rights of way;
NOW, THEREFORE, in consideration of the foregoing recitals and the terms, conditions and
mutual promises set forth herein, the parties agree as follows:
ARTICLE I - DEFINITIONS
As used in this License Agreement, the following terms, phrases, and words shall be ascribed
the following meanings, unless the context indicates otherwise. As used in this License Agreement,
the word "shall" is mandatory, and the word "may" is permissive. Words not defined herein shall be
given their common and ordinary meanings, consistent with the context in which such words are
used and the purposes of this License Agreement.
1. "Telecommunications Act" shall mean the Telecommunications Act of 1996 (47
U.S.C. §151, et seq.), as amended.
2. (a) "Facilities" means all physical components of the Licensee used to provide
telecommunications services which are located, or to become located pursuant to this License
Agreement, within the City and are reasonably necessary, useful or convenient to provide
telecommunications services within the territorial boundaries of the City, including without
limitation, poles, wires, cables, pipes, underground conduits, ducts, manholes, vaults, fiber optic
cables and devices, switches, equipment boxes and sheds and other structures and appurtenances.
(b) "Leased Facilities" means all physical components used by Licensee to
provide telecommunications services which are leased to Licensee by third parties who are
authorized by separate instruments to maintain same within Rights of Way within the City.
3. "Account" shall mean each telephone or telecommunications access line or twisted
pair equivalent provided by or on behalf of Licensee, if Licensee provides any type of local
exchange service, at a customer's premises over which the customer may send or receive any
telephone, telegraph, fax, data, video or other similar telecommunications signals; except that
"Account" shall not include any customer line used solely for receipt of cable television
programming. Provision of a T1 or DS1 line furnished by Licensee to a customer which is
connected to switched access service or local exchange service shall be counted as twenty -four (24)
accounts; provision of a T3/DS3 shall be counted as six hundred seventy -two (672) accounts. For
packet- switched internet protocol networks which do not utilize traditional T1/DS1 and T3/DS3
technology, the preceding sentence is not applicable; Licensee will treat each individual activated
retail line as an Account.
4. "Jurisdiction" shall mean (a) within the corporate boundaries of the City of Pueblo as
now or hereafter constituted, (b) at, upon, under or across the Pueblo Municipal Airport ( "Airport")
and Pueblo Municipal Airport Industrial Park ( "Industrial Park "), and (c) all highways, streets, roads
and other rights of way between and connecting the City of Pueblo and the Airport and/or Industrial
Park where Facilities are located.
5. "Rights of Way" shall mean City streets, roads, alleys, sidewalk areas and other
dedicated rights of way within the Jurisdiction, together with dedicated utility easements within the
Jurisdiction and easements deeded to the City for utility purposes, and including state highways and
highways which are part of the federal interstate highway system. The term shall not include any
other property owned or leased by the City for other public use.
6. "Telephone Utility" shall mean every telecommunications provider that provides
telecommunications service as the latter term is defined in Section 14 -4- 21(40) of the Pueblo
Municipal Code.
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7. "Telephone and telegraph services" shall be identical in meaning with
telecommunications service as the latter term is defined in Section 14 -4- 21(40) of the Pueblo
Municipal Code.
8. "PMC" shall mean the Pueblo Municipal Code, as amended, and as same may be
amended in the future.
ARTICLE II - CONDITIONAL CONSENT GRANTED
1. Subject to Licensee's compliance at all times with all of the terms and conditions of
this License Agreement, all of the ordinances referenced herein, all applicable local, state and federal
laws, and further subject to the City's lawful exercise of its police power (including, but not limited
to, zoning, subdivision, permit and building code requirements) and the City's prior and superior
right to usage for municipal purposes, City hereby grants to Licensee, insofar as it has or may have
the requisite power and authority to do so, a non - exclusive license to make reasonable use of the
Rights of Way to construct, install, operate and maintain Licensee's Facilities within the City to and
for the benefit of the City and the inhabitants of the City; provided, however, that with respect to
state highways, Licensee must separately obtain consent from the Colorado Department of
Transportation. This license shall extend to all areas of the City as it is now constituted, and to
additional areas as the City may increase in size by annexation or otherwise.
2. The conditional license granted herein to make reasonable use of the Rights of Way
shall not be deemed to be a franchise, nor an exclusive license or right, and the City reserves the
right to make or grant a similar use of the Rights of Way to any other person or persons, including
one or more other telecommunications providers.
3. The City retains the following rights in regard to this license:
(a) To revoke the license and consent hereby granted for misuse, non -use or
failure of Licensee to comply with the provisions hereof;
(b) To use, control and regulate the use of the City streets, roads, easements,
other public places and the Rights of Way, and the space above and beneath the same; and
(c) To require the removal or relocation of any of the Facilities from the Rights of
Way if necessary or desirable, in the sole judgment of the City, for any public or municipal
purpose or project.
ARTICLE III - SCOPE
The conditional license and consent granted by this License Agreement confers only the right
to make reasonable use of the Rights of Way for Licensee's provision of local exchange service,
interexchange service, or regulated telecommunications services, and it is expressly conditioned that
the Licensee shall not operate a private telecommunications network, nor operate as a "cable
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operator" as that term is defined under federal law (47 U.S.C. §522(5)), nor shall it provide or offer
to provide "cable services" as that term as defined under federal law (47 U.S.C. §522(6)), without
proper local, state and federal authorization, as required by law.
ARTICLE IV - OCCUPATION TAX & E911 SURCHARGES
1. Licensee understands and acknowledges that City had heretofore adopted Ordinance
No. 4267 in December 1976 imposing upon all telecommunications utilities operating within the
City, and effective January 1, 1977, an occupation tax as stated in said Ordinance. To the extent it
provides local exchange services, whether directly or through resale, Licensee agrees to be bound by
and comply with said Ordinance, including payment of the tax in an amount equal to $6.00 per
annum for each Account, payable quarterly in equal installments. To the extent it provides local
exchange services, Licensee hereby expressly agrees that it is and constitutes a telephone utility
within the meaning of Ordinance No. 4267 and Licensee irrevocably waives and relinquishes any
right it has or may have to claim or assert that said Ordinance is invalid under law or should not be
applied to Licensee, including, without limitation, any claim that said Ordinance violates any
provision of state law or the Telecommunications Act.
2. The City has by Ordinance Nos. 6644, 7471 and 8063 imposed an emergency
telephone charge ( "E911 Charge ") of seventy cents ($0.70) per month per exchange access facility,
wireless communications access and interconnected voice - over- internet- protocol service provided
within the Jurisdiction, as authorized by §29 -11- 100.5, et seq., C.R.S. Licensee agrees to collect the
E911 Charge from its customers and promptly remit same monthly to City as provided by §29 -11-
103(1), C.R.S.
ARTICLE V - SALES AND USE TAXES
1. Licensee agrees to obtain a sales and use tax license from the City and to comply with
all provisions of Title XIV of the Pueblo Municipal Code relating to sales and use taxes.
2. Licensee acknowledges and agrees that its sale of telecommunications services to its
customers within the City, including the provision of interstate telephone access service and interlata
access service, is taxable by City pursuant to § 14 -4- 61(3), PMC, and Licensee shall collect such
taxes from its customers and promptly remit same to the City in accordance with Title XIV, PMC.
ARTICLE VI - USE OF RIGHTS OF WAY
1. Facilities shall be located, installed and maintained so that none of the Facilities
endanger the lives, health or safety of persons, or interfere with any public improvements the City or
other governmental entities (including any storm water, sanitary sewer or water utilities or
enterprises) have in place or may deem proper to make, nor shall the location, installation or
maintenance of the Facilities hinder or obstruct the use of the streets or other public ways for their
public purposes, including but not limited to vehicular and pedestrian traffic. All Facilities shall be
so located as to cause minimum interference with the rights and reasonable convenience of property
owners of property which adjoins any Right of Way.
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2. Prior to commencement of construction of any portion of its telecommunications
system within the City (other than Leased Facilities), Licensee shall furnish to the City the general
schematic plans for its Facilities, including system route maps, renderings of equipment boxes and
structures, engineering, traffic control, and landscaping plans. In addition, the Licensee shall assess
and report on the impact of its proposed construction on the City environment. Such plans and
reports may be reviewed by the City to ensure, (a) that all applicable laws including building and
zoning codes and air and water pollution regulations are complied with, (b) that aesthetic and good
planning principles have been given due consideration, and (c) that adverse impact on the
environment has been minimized. The Licensee shall comply with all regulatory requirements of the
City lawfully binding on the Licensee and shall incorporate all other reasonable changes to its plans
requested by the City.
3. Not less than thirty (30) days prior to construction of any Facilities within the Rights
of Way at any specific location, Licensee shall furnish the City's Director of Public Works with
detailed plans for such Facilities including detailed location drawings and final architectural,
engineering, traffic control and landscaping plans. Prior to commencing construction, Licensee
shall: (a) obtain written approval of the Director of Public Works of the construction plans, (b)
procure appropriate excavation permits pursuant to Chapter 6 of Title XII, PMC, and permits
required by Chapter 3 of Title XII, PMC, or permits required pursuant to any similar ordinance
adopted by City in the future, (c) pay all fees associated with such permits, and (d) comply with all
requirements of said Chapters 3 and 6 of Title XII, the terms of said permits, and the City's Standard
Construction Specifications and Standard Details dated June 9, 1997 or as subsequently revised.
4. All construction, excavation, maintenance and repair work done by Licensee shall be
done in a workmanlike and expeditious manner which minimizes the inconvenience to the City, the
general pubhc "individuals. Licensee shall be liable for any damage to the City or City owned
propertyycaused by Licensee's failure to act in a timely manner. All such construction, excavation,
maintenance and repair work done by Licensee shall comply with all applicable codes of the City
and the State of Colorado, and Licensee shall be responsible for obtaining all applicable permits and
licenses. The City shall have the right to inspect all construction or excavation work to insure
compliance with applicable codes and permits, and may order Licensee to perform corrective work.
All public and private property disturbed by Licensee's activities shall be promptly restored by
Licensee at its expense to substantially its former condition, subject to inspection by the City's
Director of Public Works or his designee and compliance by Licensee with reasonable remedial
action required by said official pursuant to the inspection. Licensee shall be liable to City for the full
cost of restoring any public property not promptly remedied by Licensee as required by said official.
5. The installation, maintenance, renovation and replacement of Facilities by Licensee
shall be subject to regulation by City including as to (a) the location of Facilities in or upon the
streets, alleys and dedicated easements, (b) the disturbance and reconstruction of pavement,
sidewalks, and surface of streets, alleys, dedicated easements and driveways, (c) the timing and
scheduling of work, and (d) the temporary closure of portions of streets and alleys. All Facilities
shall be designed and installed so as to cause a minimal amount of interference with public property,
water mains, sewer mains, electric and natural gas facilities, street lights, traffic signals, and all other
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municipal or authorized public use of the Rights of Way. The City's Director of Public Works may
direct and require Licensee to locate its Facilities within a defined telecommunications corridor
within any street or other Right of Way or otherwise at a specific location to minimize interference
with other facilities or utilities. Licensee shall install and maintain its Facilities in such manner as to
minimize interference with trees, natural features and vegetation. Whenever feasible and
commercially reasonable, Licensee shall enter into pole - sharing and conduit - sharing agreements
with third parties in order to co- locate its wires and cables upon poles or within conduit of other
telecommunications providers or utilities.
6. Licensee shall, upon reasonable notice and at its sole cost and expense, remove,
locate and relocate its Facilities in, on, over or under any Rights of Way in such manner as City may
at any time require for the purpose of facilitating the construction, reconstruction, maintenance,
repair, or change in grade of any street, sidewalk, public improvement or City project, or for the
purpose of promoting the efficient operation of any such public improvement or project, or for the
purpose of facilitating the vacation and/or redevelopment of Right of Way by the City. In the event
Licensee fails to act within a reasonably allocated time, the City may cause Licensee's Facilities to
be relocated, and Licensee shall be liable to City for the costs thereof.
7. Except where specifically authorized by the Director of Public Works of City, all of
Licensee's Facilities located within Rights of Way shall be located underground. In locations where
wires or cables of franchisees of City or of authorized local exchange carriers are presently located
above - ground, the Director of Public Works will allow Licensee's Facilities to also be located above-
ground unless he has specific reasons for not allowing above - ground installation at such location.
Thereafter, and notwithstanding that any such authorization had been given, should the City
subsequently determine for any area of the City that telephone or telecommunications wires, cable
television cables or electric utility wires located above ground shall be relocated underground,
Licensee shall, upon reasonable notice, at its sole cost and expense, relocate its Facilities below
ground in cooperation with other affected interests. In the event Licensee fails to act within a
reasonable allocated time the City may cause Licensee's Facilities to be relocated, and Licensee shall
be liable to City for the costs thereof.
8. After execution of this Agreement, Licensee shall join and associate with the
notification association of owners and operators of underground facilities in accordance with the
requirements of Article 1.5 of Title 9, Colorado Revised Statutes. Prior to undertaking any
excavation within the Rights of Way, Licensee shall comply with the notice requirements of said
Article.
ARTICLE VII - ADDITIONAL CITY REGULATION
1. The City expressly reserves its right and duty to adopt, from time to time, in addition
to the provisions herein contained, such charter provisions, ordinances and rules and regulations as
may be deemed necessary by the City to promote the health, safety and welfare of its inhabitants and
their property.
2. Notwithstanding anything in this License Agreement to the contrary, Licensee
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acknowledges that City is planning to develop a new telecommunications policy which will be
implemented through one or more ordinances or resolutions to be adopted by City Council of City,
and/or through regulations to be adopted by Departments of the City. Licensee agrees that upon
adoption of any such policy or regulations after the date of this License Agreement, this License
Agreement or any provision thereof may be unilaterally revoked or canceled by City without cause
and replaced with new terms and conditions which shall be made equally applicable within each
class of telecommunications provider operating within the City.
3. If, during the term of this License Agreement, City enacts an ordinance concerning
the use of Rights of Way which requires compensation for the use of the Rights of Way from any
class of telecommunications providers on a competitively neutral and nondiscriminatory basis within
such class, then Licensee shall, in accordance with the terms of such ordinance, pay such
compensation.
ARTICLE VIII - COORDINATION AND CONDUIT/POLE SHARING
1. In order to minimize disruption to vehicular traffic and inconvenience to the public,
and to enable the limited width of Rights of Way to be apportioned among all utilities,
telecommunications providers and other interests needing to locate or maintain facilities in the
Rights of Way for the benefit of the public, it is imperative that pole sharing and conduit sharing be
encouraged to the greatest extent possible. In furtherance of such purposes, Licensee agrees that it
shall reasonably cooperate with City, authorized utilities and other local exchange carriers in placing
conduit within the Rights of Way and in sharing unused space within underground conduits owned
by Licensee, and upon poles or other above ground facilities owned by Licensee.
2. Whenever the Licensee intends to install new underground conduit or replace
existing underground conduit in a build greater than 500 feet in length, Licensee shall, whenever
feasible and commercially reasonable, provide City and all utilities, cable television franchisees, and
local exchange carriers authorized to use the Rights of Way, with sixty (60) days advance written
notice in order to permit the additional contemporaneous installation of conduit by City, and such
utilities, cable television franchisees and local exchange carriers. If City desires additional conduit
installed, it will so notify the Licensee and the City shall be responsible for the additional
incremental expense for installing such additional conduit. If a utility, cable television franchisee or
exchange carrier desires additional conduit installed, it will so notify the Licensee in writing at least
thirty (30) days prior to the proposed construction date, and such party requesting the additional
conduit shall be responsible for a pro -rata expense for installing such additional conduit. This
section is intended to maximize the coordination of facilities located within rights of way, and is not
intended to govern routine connections of customers to installed network not involving significant
line extension nor other excavations of limited scope.
3. Notwithstanding anything to the contrary in paragraph 2 of this Article, in order to
minimize disruption to the public and enable use of the public rights of way for public purposes, in
connection with any installation of underground conduit by Licensee, City may request Licensee to
install one additional conduit for exclusive use by City for public and municipal purposes. In any
such case, Licensee shall install the conduit as requested and the City shall reimburse Licensee only
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for the cost of the conduit and associated handholes and pull boxes for the conduit, and for the
additional incremental expense for installing such additional conduit, handholes and pullboxes.
ARTICLE IX - INDEMNIFICATION
1. Licensee shall install, construct, maintain and operate its telecommunications system
in a safe manner providing reasonable protection against injury or damage to any and all persons or
property. Licensee specifically agrees to indemnify, defend and hold City harmless from all claims,
costs, demands, suits, costs of defense and judgments which arise from, in whole or in part,
Licensee's acts or omissions pursuant to this License Agreement, and from all damages or penalties
arising out of the installation, construction, operation, or maintenance of Licensee's
telecommunications system, whether or not any act or omission complained of is authorized,
allowed, or prohibited by this License Agreement, except to the extent such damages or penalties
result from the negligence, or intentional or willful and wanton misconduct of the City. City shall
not be liable for, and Licensee shall indemnify, defend and hold the City harmless from all costs,
damages and claims which arise from or relate to delay by Licensee in performing its obligations
hereunder, for any cause whatsoever, except for the negligence, or intentional or willful and wanton
misconduct of the City. Licensee also hereby agrees to pay all reasonable expenses of the City
incurred by the City in defending itself with regard to any such damages, claims or penalties,
including all out -of- pocket expenses, reasonable attorney' fees, and the reasonable value of any
services rendered by the City Attorney, his assistants, or any employees of the City.
2. The City will provide notice to the Licensee of the pendency of any claim or action
against the City arising out of the operations of the Licensee, the exercise by the Licensee of its
rights under this License Agreement or the performance thereof by the Licensee. The Licensee shall
thereafter be required to appear and defend any such claim or action. Nothing herein stated shall
limit the Licensee's obligation of full indemnification of the City hereunder.
ARTICLE X - INSURANCE
Prior to commencement of any installation of Facilities under this License Agreement,
Licensee shall procure and thereafter continuously maintain, for as long as this License Agreement
remains in effect, at Licensee's expense, Commercial General Liability ( "CGL ") insurance written on
ISO form CG 00 01 01 96, or a substitute form providing equivalent coverage, with a limit of not
less than $2 Million per occurrence, covering liability arising from premises, operations, independent
contractors, personal injury, products completed operations, and liability assumed under an insured
contract, on an occurrence basis. Under the terms of the required CGL policy, this License
Agreement shall be defined as an insured contract. The policy shall identify the City as an additional
insured, shall contain a waiver of right of subrogation against City and shall have all necessary
endorsements to provide coverage without exclusion for explosion, collapse and underground
property damage hazards. A certificate of insurance shall be filed with the City's Director of Finance
prior to commencement of installation of Facilities, which evidences compliance with the policy
requirements stated above and provides for thirty (30) days prior written notice to City prior to
cancellation or material change of any insurance referred to therein. In the event the certificate states
that it confers no rights upon the certificate holder, the City may require Licensee to furnish a
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complete copy of the policy including all declarations and endorsements.
ARTICLE XI - TERM
Unless sooner terminated as provided herein, the term of this License Agreement shall be for
a period of five (5) years from and after the date of the Agreement.
ARTICLE XII - REMEDIES, TERMINATION, REMOVAL
1. In the event of any breach of the terms of this License Agreement by Licensee, City
shall have the right to obtain one or more of the following remedies, which are expressly agreed to
be cumulative, and the exercise of any one (1) or more of them shall not be dependent upon the
exercise of any other remedy, nor does the exercise of any one or more of them constitute any bar or
limitation to the exercise of any other: (a) specific performance or injunctive relief, (b) monetary
damages, and (c) termination. In the event City is required to commence an action to enforce its
rights under this License Agreement or to obtain remedies provided above and substantially prevails
therein, City shall be entitled to recover its costs, including reasonable attorneys fees and expert
witness fees.
2. Before terminating the License Agreement for cause on account of any default by
Licensee, City shall provide Licensee with written notice of the default and afford Licensee a
reasonable period in which to cure the default.
3. In the event Licensee abandons the telecommunications system installed under the
terms of this License Agreement or a certain part thereof or fails to use it for a period of one (1) year,
or in the event the term of this License Agreement expires, or the Agreement is terminated or is
canceled for any reason, then Licensee shall remove its telecommunications system, or the
abandoned portions thereof in the case of a partial abandonment, at its expense. As an alternative to
removal, if mutually agreed to by Licensee and the City, the ownership of the telecommunications
system (or abandoned portions) may be transferred to the City, in which event, all obligations and
liabilities of Licensee under this Agreement in connection with the portion of the
telecommunications system so transferred to the City shall terminate.
4. Licensee may cancel this Agreement at any time, as described below, upon ninety
(90) days' written notice to the City, subject to the indemnification requirements of this Agreement,
the removal provisions set forth in Section 3 above, and any other provisions that survive the
termination of this Agreement.
ARTICLE XIII - NOTICES
Except as otherwise provided herein, notice under this License Agreement shall be deemed
sufficient if provided in writing and mailed or delivered as follows:
If to the City: City Manager
200 South Main Street
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Pueblo, CO 81003
with a copy to: Director of Public Works
211 E. "D" Street
Pueblo, CO 81003
If to Licensee: Level 3 Communications, LLC
1025 Eldorado Boulevard
Broomfield, CO 80021
Attention: Director, Network Compliance
with a copy to: Level 3 Communications, LLC
1025 Eldorado Boulevard
Broomfield, CO 80021
Attention: General Counsel
ARTICLE XIV - EFFECT OF MORE FAVORABLE LICENSE AGREEMENTS
In the event that any wireline local exchange provider in the provision of local exchange
services or regulated telecommunications services offering telecommunications services for a fee to
the public, or to such classes of users as to be effectively available to the public is granted consent to
use the City's Rights of Way pursuant to terms and conditions which, if applied to Licensee, would
be more favorable than those included herein, Licensee shall have the option to renegotiate with City
with respect to such terms and conditions.
ARTICLE XV - SUCCESSORS AND ASSIGNS
This License Agreement shall inure to the benefit of and be binding upon the parties hereto
and their respective successors and assigns. No provision of this License Agreement shall confer
rights or benefits upon any person not a party hereto.
ARTICLE XVI - SIGNATURES
The persons signing this License Agreement on behalf of Licensee represent and warrant that
such persons and Licensee have the requisite power and authority to enter into, execute and deliver
this License Agreement and that this License Agreement is a valid and legally binding obligation of
Licensee enforceable against Licensee in accordance with its terms.
IN WITNESS WHEREOF, Licensee and the City have executed this Agreement as of the
date first above written and under the laws of the State of Colorado.
N, \ , CITY • --"--.1—: - •
ATTEST: - - 'cipal Corp. •
, 4 ^
ity Clerk _
`" President of City Council
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City Clerk President of City Council
[SEAL]
LICENSEE:
ATTEST: LEVEL 3 COMMUNICATIONS, LLC
By 4/1111-
Title: r Title: JR ittiwv, 7 r /
G:\Public Works\ UTILITIE\TELECOMM \Level 3 Communications, LLC\Agreement (Rev. 10- 18- 11).wpd
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