R2021-123 Resolution Authorizing an Indefeasible Right of Use Agreement and Associated Sales Order with Pontus LLC, a Series LLC for the Individually Protected Sunna Fiber LLC, DBA Sunna Fiber LLC to obtain Dark Fiber from the City of Decatur Fiber Networ

Home Browse Search

AGREEMENT FOR INDEFEASIBLE RIGHT OF USE (IRU) OF FIBER THIS IRU AGREEMENT ("Agreement') is made and entered into as of 61 a(4 a I 2021 ("Effective Date"), by and between the City of Decatur, an Illinois Municipal Corporation ("CITY"), and Pontus LLC, a series LLC for the individually protected Sunna Fiber LLC, DBA Sunna Fiber LLC ("Customer"). RECITALS WHEREFORE, CITY, owns, manages, and maintains a fiber network, which is a high- speed telecommunications network that provides reliable communication links to and among Decatur schools, institutions of higher education, libraries, museums, research institutions, State agencies, units of local government, and other local entities who provide service to residents of the CITY; and, WHEREFORE, CITY is building a fiber optic communication network throughout Decatur for use by the CITY and other interested third parties by extending its current system to other parts of the community to provide services to interested parties, to serve as a community development tool and to eventually provide redundancy in the current system. ("Fiber System"); and, WHEREFORE, Customer desires to obtain from CITY rights to optical fiber strands as described in Exhibit A(attached hereto and incorporated by reference) in the Fiber System on the terms and conditions set forth below. NOW THEREFORE, in consideration of the mutual promises set forth in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: ARTICLE 1 DEFINITIONS Definitions. The following definitions shall apply to this Agreement. "Access Fees" means all fees charged or assessed by any governmental authority with respect to those portions of the Fiber System located on or crossing or passing through lands owned or administered by such governmental authority including, without limitation, such as are calculated or otherwise based on the number of crossings, the aggregate distance of crossings, land value or the revenue, projected revenue, receipts, income, profits or other amounts calculated in a similar manner, of any Fiber System interest holder or its Affiliates. "Affiliate" For the purpose of this Agreement, the term Affiliate when used herein shall mean and include all of the officers, directors, employees and agents of the CITY. "Anticipated Completion Date" means, subject to Events of Force Majeure and any other extensions of time provided for in this Agreement, the dates set forth in Exhibit A (attached 3