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Agmt 2015 San Leandor Dark Fiber LLC
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Agmt 2015 San Leandor Dark Fiber LLC
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Last modified
5/4/2015 4:06:12 PM
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5/4/2015 4:04:48 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
3/4/2015
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PERM
Document Relationships
Agmt 2011 San Leandro Dark Fiber LLC (2)
(Amended)
Path:
\City Clerk\City Council\Agreements\2011
Reso 2015-065
(Approved by)
Path:
\City Clerk\City Council\Resolutions\2015
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F. Construction of the additional 7.5 miles of conduit will require the City to match the <br /> federal grant through the inclusion of Property valued at market rate, in-kind services and cash, <br /> for a total estimated cost of$4.3 million. <br /> G. The value of the City's contribution to the Project is approximately$6 million and the <br /> value of the City's contribution to the Expanded Property is approximately$4.6 million <br /> including the EDA grant, for a total contribution to the Project from the City of approximately <br /> $10.6 million. <br /> H. In order to carry out and complete the Project, SL Dark Fiber must have access to the <br /> Property and the City's right-of-way to carry out the Scope of Work set forth in Exhibit 2 in <br /> exchange for a grant of fiber strands to the City. <br /> I. This First Amended License acknowledges the significant investment in the Project by <br /> the City through securing the Expanded Property and providing in-kind services and cash for the <br /> public interest, welfare and benefit of the City's residents and businesses. <br /> J. This First Amendment acknowledges the City's responsibility to ensure service delivery <br /> to the San Leandro community is as transparent and high quality as possible. <br /> K. This First Amendment incorporates a Fiber Optic Responsibility Matrix ("FORM") <br /> [Exhibit 4], a Service Level Agreement("SLA") [Exhibit 5], and Standard Operating Procedures <br /> ("SOP") [Exhibit 7], and adjustments to the responsibilities as to ownership and maintenance of <br /> the facilities within the Project. <br /> In view of the foregoing recitals above and the covenants below, all of which constitute good and <br /> valuable consideration, with the intention that all recitals are true and correct and made a part of <br /> this First Amendment, the Parties agree as follows: <br /> ARTICLE I <br /> ADDITIONAL DEFINITIONS <br /> Except for the new definitions set forth in this section, all definitions set forth in Article I of the <br /> Original Agreement remain unchanged. <br /> 1.1 "Expanded Property" is defined in Recital E and Exhibit A-1 and A-2. <br /> 1.2 "Lateral" is defined in Section 4.3(b). <br /> 1.3 "Main"is defined in Section 4.3(b). <br /> 1.4 "Original Property" is defined in Recital B and Exhibit A of the Original License. <br /> 1.5 "SL Dark Fiber Studies" is defined in Section 2.14. <br /> 2 First Amendment to SL Dark Fiber License Agreement <br />
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