Title
Resolution to Approve Encroachment Agreements Pursuant to Hampton City Code § 34-86 Between the City of Hampton and WANRack, LLC to Allow Multiple Encroachments into the City’s Right of Way for Installation of Communication Conduit, Fiber Optic Cable, and Other Related Infrastructure to Provide Services to the Hampton City Schools
Purpose
PURPOSE/BACKGROUND:
WANRack, LLC (the “Licensee” and “Grantee”), is a fiber optic communications network service provider intending to provide services to certain property owned by Hampton City Schools (“HCS”) located at numerous HCS facilities throughout the City (the “Serviced Parcels”). Licensee has filed a certain site plan with the City being Site Plan #2023-0024 (the “Site Plan”). In the Site Plan, Licensee identified thirty-three (33) separate routes (the “Routes”) that it will need to take within, along and across City rights-of-way in order to provide the required services to the Serviced Parcels. The Licensee has filed an encroachment application with the City’s Department of Public Works (“Public Works”) requesting to encroach within the City’s rights-of-way. Approximately thirty-three (33) separate encroachment agreements (the “Agreements”) will be needed to cover each of the Routes. A proposed model encroachment agreement (the “Model Agreement”) is attached to this Resolution and it is a representation of the format and contains the terms and conditions that will be included in all of the required agreements necessary to grant the requested encroachments. Although the Model Agreement sets the parties, the background, and the general terms and conditions of all of the Agreements, each will require different information that Public Works and the City Attorney’s Office (the “CAO”) will have to insert. Public Works and the CAO seek authorization from City Council to insert the appropriate information into the Agreements concerning the following: (a) the specific Route number identified in the Site ...
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