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1 <br />City of St. Anthony <br />Municipal Fiber Ownership, Use, and Access Agreement <br />This Agreement (“Agreement”) is made by and between the City of St. Anthony, a <br />municipal corporation (hereinafter “City”), 3301 Silver Lake Road NE, St. Anthony, Minnesota, <br />and Arvig Enterprises, Inc. (“Arvig”), a Minnesota corporation, 150 Second Avenue Southwest, <br />Perham, Minnesota, collectively referred to as the “Parties”, as of the effective date set forth below. <br />Recitals <br />WHEREAS, in 2015, the City constructed a Fiber Transport Facility connecting multiple City- <br />owned facilities, <br />WHEREAS, the City has additional capacity within the Fiber Optic Cables, <br />WHEREAS, Arvig has expressed an interest in utilizing the fiber optic capacity within the City’s <br />Fiber Transport Facility for its own communication needs, <br />WHEREAS, in 2018, Arvig constructed a Fiber Transport Facility within the City and adjoining <br />communities, <br />WHEREAS, the City has expressed an interest in utilizing the fiber optic capacity within Arvig’s <br />Fiber Transport Facility for its own communication needs, <br />WHEREAS, the Parties have contemplated an exchange of their respective fiber optic capacities <br />to advance the individual communication needs of each Party. <br />WHEREAS, the Parties now desire to memorialize the terms and conditions of their respective <br />ownership, use, and access regarding said fiber optic cable. <br />NOW, THEREFORE, intending to be mutually bound to the promises and covenants below, the <br />consideration of which is deemed sufficient, the City and Arvig agree as follows: <br />1.Effective Date; Termination. This Agreement shall be effective as of the last date of <br />signature of the Parties below and shall continue in full force and effect until terminated <br />by one or both of the Parties as follows: <br />a. This Agreement may be terminated by either Party, for any reason, at any time not less <br />than ten (10) years after the effective date. Such termination shall be preceded by not <br />less than 12 months written notice of intent to terminate delivered to the non- <br />terminating Party. The Parties may immediately terminate this Agreement at any time <br />by mutual written agreement. <br />29