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IN THE CITY COUNCIL OF THE CITY OF SAN LEANDRO <br />RESOLUTION NO. 2019-112 <br />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 <br />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 access to <br />said City communications infrastructure to build a residential broadband 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, either party can cancel <br />the Agreement with 180 -days prior written notice to the other party. After the initial five-year term, the <br />License will automatically renew for subsequent 1 -year terms, subject to each party's option not to renew for <br />any reason, with prior 180 -day written notice to the other party. <br />Dark Fiber Strands — The agreement provides Common Networks with two (2) dark fiber strands <br />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 month, subject to 3% <br />annual increases each year thereafter. <br />NOW, THEREFORE, the City Council of the City of San Leandro hereby RESOLVES as follows: <br />• To approve the License Agreement to Access City Communications Infrastructure with Common <br />Networks; and <br />• To authorize the City Manager to execute the License Agreement in substantially similar form as that <br />attached hereto as Exhibit A, and any other related documents on behalf of the City, subject to <br />approval as to form by the City Attorney; and <br />0 To authorize the City Manager to take any other actions consistent with the intent of this resolution. <br />