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TERM SHEET <br /> PROPOSED INDIAN RIVER COUNTY / CITY OF FELLSMERE <br /> DARK FIBER LICENSE AGREEMENT <br /> (Page 1) <br /> 1. Indian River County (IRC) proposes to enter into a license agreement with the City of <br /> Fellsmere, to lease IRC "dark" fiber (i.e. unused fiber optic communications cable <br /> capacity)for use by the City of Fellsmere. <br /> 2. The lease agreement will provide 2 dark fibers (2-fiber strand circuit of IRC fiber optic <br /> cable) between the City of Fellsmere - City Hall site, located at 22 South Orange Street, <br /> Fellsmere, Fla. 32948, and the new City of Fellsmere/ Indian River County- Welcome <br /> Center, located at 11200 CR-512, Fellsmere, Fla. 32948.The proposed dark fiber optic <br /> link between these two locations is currently estimated to be 3.2 miles in length. <br /> 3. Representing City of Fellsmere in this agreement is Mr. Jason Nunemaker, City Manager <br /> of the City of Fellsmere. Representing IRC is Mr. Manny Cabo, IRC Telecommunications <br /> Manager and Mr. Chris Mora, IRC Public Works Director. <br /> 4. The term of the agreement will be 5 years, with 3 automatic 5-year renewals (total <br /> agreement length = 20 years) unless either party gives 90 days (minimum) notice of non- <br /> renewal. License will commence when fiber optic testing is completed, and the new DFL <br /> ( Dark Fiber Link ) service is established by IRC. <br /> 5. The license payment amount to IRC will be $100.00 per fiber strand, per mile, per month. <br /> For the use of 2 dark fibers at a distance of 3.2 miles, the total monthly payment to IRC <br /> will be (100 x 2 x 3.2) = $640.00 per month. The fiber length of 3.2 miles is a preliminary <br /> estimate, and will be adjusted later to reflect actual OTDR mileage. City of Fellsmere <br /> should be aware that the actual measured mileage, and consequently the payment <br /> amount, may increase or decrease slightly, based on final OTDR test results. <br /> 6. City of Fellsmere (licensee) will be responsible for all fiber service installation and <br /> connection costs, including but not limited to,the installation of fiber cables from existing <br /> IRC fiber cables within the road right-of-way, into each City of Fellsmere property detailed <br /> in item #2 above. <br />