RES 21-037 APPROVING THE MUNICIPAL FIBER OWNERSHIP, USE, AND ACCESS AGREEMENT WITH ARVIG ENTERPRISES, INC.

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