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DARK FIBER LICENSE AGREEMENT THIS DARK FIBER LICENSE AGREEMENT ("Agreement") is dated as of the St of July 2020, by and between SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT, a rapid transit district established pursuant to California Public Utilities Code section 28500 et seq. (`KART"), and the City of San Leandro ("City"), a California Charter City, located at 835 E 141" Street, San Leandro, CA 94577. WHEREAS BART and City desire to enter into this Agreement, pursuant to which BART will grant City the right to use the Dedicated Fibers located on the BART Real Property (as such terms are defined herein), NOW, THEREFORE, in consideration of the mutual covenants and benefits stated herein, and in further consideration of the obligations, terms, and considerations hereinafter set forth and recited, BART and City agree as follows: DEFINED TERMS "KART Commercial Fiber Ep-ress Point" means any appropriate facility designated by BART for the purpose of allowing third parties to connect optical fibers located on the BART Real Property to other communications facilities "KART Real Propedy" means the rights -of -way and other real property owned, controlled, used or managed by BART. "BART Support Char es" means the amounts that are payable to BART for its support of the activities described in Section 4.3, including without limitation providing safety monitors; providing rail vehicles, other equipment and operators of equipment as appropriate under the circumstances to support such work; reviewing and approving work plans and schedules; and providing general administrative support and oversight of all such activities. The amount of the BART Support Charges shall be determined in accordance with BART's standard procedures as they may exist from time to time during the term of this Agreement. "City Access Cables" means any Access Cables owned by City. "City Fiber Cables" means any fiber cables owned by the City of San Leandro or dedicated to the City through separate agreements with other parties. "Dedicated Fibers" means two (2) dark single mode optical fibers licensed to City extending between a demarcation point at the San Leandro BART Station (as shown in Exhibit A) in San Leandro, CA 94577 and Digital Realty Trust ("DRT") at 720 2"d Street, Oakland, CA 94607. "Demarcation Point" (or "Demarc"), marks the points where the City's Fiber Cables connect with the BART Dedicated Fibers licensed to City extending between the Demarcation Point at the San Leandro BART Station (as shown in Exhibit A in San Leandro, CA 94577 and AD"NLEGAL 122651.5