HomeMy WebLinkAbout4733 RESOLUTION NO. 4 7 3 3
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, AUTHORIZING
THE RENEWAL OF PUBLIC WAY AGREEMENT
(PWA) 06-22 AND AMENDING THE TERMS OF THE
AGREEMENT
WHEREAS, AboveNet Communications, Inc. has applied to the City for
renewal of PWA 06-22, which was authorized by Resolution No. 4055, and
WHEREAS, the City has reviewed the Grantee's renewal application and
determined that renewal of the Public Way Agreement authorized by Resolution
No. 4055 with minor amendments is in the best interest of the City and the
citizens of Auburn.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTOIV, HEREBY RESOLVES as follows:
Section �0. The City approves Grantee's application for the first of four
possible renewals with the amendments and under the conditions sef forth in
this Resolution.
Section 2. Section 3, "Terms of Agreement" of Resolution No. 4055 is
amended to read as follows:
A. This Public Way Agreement shall run for a period of five (5)
years, from the date of execution spec�ed in Section 5 thereof.
B. Renewal Option of Term: The Grantee may renew this
Public Way Agreement for up to th�ee (3) additional five (5)year periods
Resolution No. 4733
Augusf 31, 2011
Page 1 of 4
upon submission and approval of the application specified under ACC .
20.04,120, as it now exists or is amended, within the timeframe set forth
therein (currently 180 to 120 days prior to expiration of the then-current
term). Any materials submitted by the Grantee for a previous application
may be considered by the City in reviewing a current application, and the
Grantee shall only submit those materials deemed necessary by the City
to address changes in the Grantee Facilities�or Grantee Services, or to
reflect specific reporting periods mandated by the ACC. �
Section 3. Acceptance of Amendments.
A. This Amendment and any rights granted hereunder shall
not become effective for any purpose unless and until Grantee files with
the City Clerk the Statement of Acceptance, attached hereto as Exhibit
"A", and incorporated by reference. The date that such Statement of
Acceptance is filed with the City Clerk shall be the effective date of the
renewal, which the City has assigned "PWA 11-12".
B. Should the Grantee fail to file the Statement of Acceptance
with the City Clerk within 30;, days after the effective Date of the
ordinance approving �the Amendatory Renewal, said renewal and
corresponding agreement will automatically terminate and shall be null
and void.
Resolution No. 4733
August 31, 2011
Page 2 ofi4
Section 4. Implementatiorr. The Mayor is hereby authorized to
implement such administrative procedures as may be necessary to carry out
the directions of this legislation:
Section 5. Severability. The provisions of this resolution are
declared to be separate and severable. The invalidity of any clause, sentence,
�, paragraph, subdivision, section or portion of this resolution; or the invalidity of �
` the application thereof to any person or circumstance shall not affect the validity
of the remainder of this resolution, or the validity of its application `to other
persons or circumstances.
Section 6. Effective date. This Resolution s hall be in full force
and effect upon passage and signatures hereon.
Dafed and Signed this�day of , 2011.
URN
_ r�- -;��
Peter 6. Lewis, Mayor
ATTEST: ,
_ � . .
Danielle Daskam, City Clerk �
APPR D A FORM:
Dani I B. Heid, City rn
Resolution No.4733
_ August 31, 2011
Page 3 of 4
EXHIBIT "A"
STATEMENT OF ACCEPTANCE
AboveNet Communications, Inc., for itself, its successors and assigns, hereby accepts
and agrees to be bound by. all terms, conditions and provisions of fhe Public Way
Agreement attacfied hereto and incorporated herein by this reference. -
[Grantee]
gy: Date:
Name:
Title: �
STATE OF )
)ss.
COUNTY OF )
On this day of , 2011, before me the undersigned, a Notary
Public in and for the State of , duly commissioned and sworn,
personally appeared, of , the
company that executed the wittiih and foregoing instrument, and acknowledged#he said
instrumenf to be the free and voluntary act and deed of said company, for the uses and
purposes therein mentioned; and on oath stated that he/she is authorized to execute
said instrument. .
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal on
the date hereinabove set forth. �
Signature
NOTARY PUBUC in and for the State of
, residing at
MY COMMISSION EXPIRES:
Resolution No 4733
August 31, 2011
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