Common Network Dark Fiber Network Agreement

Home

FIBER LICENSE AGREEMENT BETWEEN CITY OF SAN LEANDRO AND COMMON NETWORKS, INC. FOR ACCESS TO CITY DARK FIBER NETWORK FOR WIRELESS NETWORK DATA SERVICE THIS FIBER LICENSE AGREEMENT ("Agreement"), effective as of , 2019 (the "Effective Date"), is by and between the City of San Leandro, a California municipal corporation organized as a charter city ("City"), and Common Networks, Inc. ("Common" and together, the "Parties"). WHEREAS, the City designed, owns dark fiber strands in City owned conduit, which includes fiber strands within the Lit San Leandro Fiber System, which was developed by the City as a public private partnership between the City and San Leandro Dark Fiber (the "Lit San Leandro Fiber System") and fiber strands in City -owned cable bundles (together the "City Fibers"); and WHEREAS, Common would like to access and use the City Fibers for data service and connectivity as part of its network to deliver wireless residential internet service in San Leandro, subject to the terms and conditions set forth in this Agreement; and WHEREAS, the City is willing to license usage of City Fibers for rates negotiated in a fair market arrangement, acceptable to the Parties. NOW THEREFORE, in consideration of the mutual promises set forth below, the Parties agree as follows: License Price and Rights. a. The City grants to Common a license for exclusive access and connection to and use of specific fibers (the "Licensed Fiber") from the City's Fibers as follows: - The Licensed Fiber is two (2) dark fiber strands. - The City of San Leandro assigns fiber strands 71, 72 in City of San Leandro Fiber Bundle to Common. b. The Licensed Fiber is more thoroughly depicted in Exhibit A, which is attached hereto and made a part hereof. In addition, to the Parties may amend this Agreement to include additional fiber owned or operated by the City in other areas as they may be available. C. Payment for access and use of the Licensed Fiber shall be $0.03 per linear foot per strand per month ("License Fee") (which initially shall be for a total of $4,251.05 per month, which completes the network depicted in Exhibit A attached hereto) paid by Common to the City per year for the term of this Agreement. The License Fee shall increase by three percent (3%) upon the one-year anniversary of the effective date of the License Agreement and annually thereafter. d. This Agreement is for the use of the Licensed Fiber only, subject to the terms and conditions herein. As between the parties, the Licensed Fiber will remain the sole and exclusive property of the City, and nothing contained herein shall be interpreted to give or convey to Exhibit B - 1 620\3201326.5