Laserfiche WebLink
620\3201326.2 <br />Exhibit B - 1 <br />FIBER LICENSE AGREEMENT BETWEEN CITY OF SAN LEANDRO AND <br />COMMON NETWORKS, INC. FOR ACCESS TO CITY DARK FIBER NETWORK <br />FOR WIRELESS NETWORK DATA SERVICE <br />THIS FIBER LICENSE AGREEMENT (“Agreement”), effective as of _____, <br />2019 (the “Effective Date”), is by and between the City of San Leandro, a California <br />municipal corporation organized as a charter city (“City”), and Common Networks, Inc. <br />(“Common” and together, the “Parties”). <br />WHEREAS, the City designed, owns dark fiber strands in City owned conduit, <br />which includes fiber strands within the Lit San Leandro Fiber System, which was <br />developed by the City as a public private partnership between the City and San Leandro <br />Dark Fiber (the “Lit San Leandro Fiber System”) and fiber strands in City-owned cable <br />bundles (together the “City Fibers”); and <br />WHEREAS, Common would like to access and use the City Fibers for data <br />service and connectivity as part of its network to deliver wireless residential internet <br />service in San Leandro, subject to the terms and conditions set forth in this Agreement; <br />and <br />WHEREAS, the City is willing to license usage of City Fibers for rates negotiated <br />in a fair market arrangement, acceptable to the Parties. <br />NOW THEREFORE, in consideration of the mutual promises set forth below, <br />the Parties agree as follows: <br />1.License Price and Rights. <br />a.The City grants to Common a license for exclusive access and connection <br />to and use of specific fibers (the “Licensed Fiber”) from the City’s Fibers as follows: <br />- The Licensed Fiber is two (2) dark fiber strands. <br />- The City of San Leandro assigns fiber strands XXX in Fiber Bundle X to <br />Common. <br />Sections 1.a is more thoroughly depicted in Exhibit A, which is attached hereto and <br />made a part hereof, although this agreement sets forth terms for any and all areas where <br />City Fibers are available and for which Common may have business interests in, now and <br />in the future, regardless of the map depicted in Exhibit A, which is for illustrative <br />purposes only. <br />c.Payment for access and use of the Licensed Fiber shall be $0.03 per linear <br />foot per strand per month, paid by Common to the City per year for the term of this <br />316