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City of San Leandro <br />Meeting Date: June 17, 2019 <br />Resolution - Council <br />Agenda Section:File Number:19-139 ACTION ITEMS <br />Agenda Number: <br />TO:City Council <br />FROM:Jeff Kay <br />City Manager <br />BY:Jeff Kay <br />City Manager <br />FINANCE REVIEW:David Baum <br />Finance Director <br />TITLE:RESOLUTION of the City of San Leandro City Council to Approve a License <br />Agreement with Common Networks to Access City Communications <br />Infrastructure in Order to Build a Residential Broadband Service in San Leandro <br />WHEREAS, the City of San Leandro (“City”) owns communications infrastructure that runs <br />underground throughout the City; and <br />WHEREAS, Common Networks and the City have mutual interests that involve licensing <br />access to said City communications infrastructure to build a residential broadband <br />network in San Leandro; and <br />WHEREAS, staff drafted a License Agreement to grant such access; and <br />WHEREAS, the Agreement is a comprehensive document that contains uniform terms and <br />conditions applicable to City communications infrastructure; and <br />WHEREAS, among the key terms and conditions of the License Agreement are: <br />·License Term - The term of the License is five (5) years. During this period, <br />either party can cancel the Agreement with 180-days prior written notice to the <br />other party. After the initial five-year term, the License will automatically renew <br />for subsequent 1-year terms, subject to each party’s option not to renew for any <br />reason, with prior 180-day written notice to the other party. <br />·Dark Fiber Strands - The agreement provides Common Networks with two (2) <br />dark fiber strands throughout the entire City network for its exclusive use. <br />·License Fee - The License Fee would start at $0.03 per foot per strand per <br />month, subject to 3% annual increases each year thereafter. <br />Page 1 City of San Leandro Printed on 6/12/2019 <br />314