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Bandwidth Lease Agreement 20231024
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Bandwidth Lease Agreement 20231024
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Last modified
12/27/2023 4:06:02 PM
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12/27/2023 4:05:36 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
10/24/2023
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PERM
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5D Consent
(Amended by)
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\City Clerk\City Council\Agenda Packets\2023\Packet 20231120
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Page 2 of 35 <br />Exhibit A hereinafter referred to as Lease Premises, subject to the reservations, terms, <br />covenants, and conditions of this Lease. <br />MAILING ADDRESS: <br />530 Lakeside Drive, Suite 190 <br />Sunnyvale, CA 94085 <br />LEASE TYPE: General Lease – Right-of-Way Use <br />LAND TYPE: Sovereign <br />LOCATION (LEASE PREMISES): 7,104 linear feet of San Francisco Bay lands and 1,508 <br />linear feet of terrestrial lands within San Leandro, as described in Exhibit A attached <br />and by this reference made a part hereof. <br />LAND USE OR PURPOSE (PROJECT): Installation, maintenance, and use of two 2-inch- <br />diameter buried fiber optic cable and one 8-inch-diameter high-density polyethylene <br />(HDPE) conduit. <br />TERM: 25 years; beginning __October 4___________, 2023; ending _________October 4_, <br />2048, unless sooner terminated as provided under this Lease. <br />CONSIDERATION: $35,520.00 per year for the submerged lands portion, with an annual <br />Consumer Price Index adjustment, and $12,604.00 per year for the terrestrial lands <br />portion with an annual Consumer Price Index adjustment. A formal appraisal of the <br />terrestrial land will be conducted within one (1) year of the Effective Date in <br />accordance with the provisions outlined in Paragraph 27(a) of Section 2. If the <br />subsequent appraisal yields a higher amount per linear foot for the terrestrial lands, <br />then Bandwidth’s rent for the terrestrial portion will be adjusted to reflect the higher <br />appraised amount. Such higher rental amount will be memorialized in a written <br />amendment to this Lease. Rent is subject to modification by Lessor as specified in <br />Paragraph 27 of section 2 – Special Provisions, after review of as-built plans and post- <br />lay cable survey as described in Paragraph 21(b) and 22 of Section 2, Special <br />Provisions, and Paragraph 3(c) of Section 3 – General Provisions. <br />AUTHORIZED IMPROVEMENTS: <br /> X TO BE CONSTRUCTED: Two horizontal directionally drilled (HDD) 8-inch-diameter <br />landing conduits and two 2-inch-diameter fiber optic cables. City conduits and vaults <br />along Lewelling Blvd. and Wicks Blvd. represented as segments 7 and 8 in the <br />attached Exhibit B. <br />COMMERCIAL GENERAL LIABILITY INSURANCE: In an amount of no less than $5 million per <br />occurrence during construction and $2 million per occurrence during ongoing <br />operations and maintenance, or as specified further in Section 3.9. <br />DocuSign Envelope ID: 8D8CF2E2-DF6D-4A11-B610-2B1544DD7C30
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