8F Consent 2015 0316 - Laserfiche WebLink

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File Number: 15-161 Leandro community is as transparent and high quality as possible. To that end, this First Amendment incorporates a Fiber Optic Responsibility Matrix, a Service Level Agreement, Standard Operating Procedures, and adjustments to the responsibilities as to ownership and maintenance of the facilities within the Project, none of which are in the current draft of the agreement. This First Amendment also establishes responsibilities for payment when the initial term of the license concludes, and clarifies the procedure for how to value the fiber optic loop, as an asset, if SLDF decides to sell the facilities installed within the conduit. This First Amendment also imposes, to the fullest extent permitted by law and industry practice, reporting requirements upon SLDF regarding the services provided over the fiber optic network. SLDF will also dedicate and convey to the City additional fiber optic strands for the City’s exclusive use. The City currently owns 30 strands that were dedicated and conveyed by SLDF to the City, without restrictions, as part of the original license. As part of this First Amendment, SLDF will convey an additional 42 strands in the Expanded Property on top of the 30 for a total of 72 strands conveyed and dedicated to the City in the Expanded Property. The 42 additional strands will be subject to some restrictions related to use for the public interest, and furthermore, that SLDF has the right to lease 40 of the 72 strands from the City at reasonable rates. All other terms of the Original License remain in full force and effect. Fiscal Impact No additional cost to the City is expected at this time. ATTACHMENT Attachment to Resolution ·DRAFT First Amendment to License Agreement with San Leandro Dark Fiber PREPARED BY: Richard D. Pio Roda, City Attorney David Baum, Finance Director (for Fiscal Impact) Page 2 City of San Leandro Printed on 3/11/2015