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ORIGINAL <br />AGREEMENT BETWEEN THE CITY OF REDWOOD CITY, CALIFORNIA <br />AND ZAYO GROUP, LLC FOR THE INSTALLATION OF FIBER OPTIC FACILITIES <br />This Agreement is entered into as of 2017 ("Effective Date") by and <br />between the City of Redwood City, California, JCJpa corporation (the "City") and Zayo Group, <br />LLC, a limited liability company organized and existing under the laws of the State of Delaware <br />("Company"). <br />RECITALS <br />A. Company is authorized to provide Telecommunications Services (as defined herein) <br />in the State of California by the California Public Utilities Commission. <br />B. Company desires to install Facilities (as defined herein) from time to time within the <br />Public Rights -Of -Way within City in order to provide Telecommunications Services. <br />C. City has the authority to regulate the terms and conditions for use of the Public Rights - <br />Of -Way and land use within the corporate limits of the City. <br />D. The purpose of this Agreement is to provide the general framework within which <br />Company will apply for necessary encroachment permits and install the Facilities within the <br />corporate limits of the City. The parties do not intend the Agreement to give Company a right to the <br />award of any such permits. <br />AGREEMENT <br />In consideration of the Recitals set forth above, the mutual promises and terms and conditions <br />of this Agreement and other valuable consideration, the adequacy of which is hereby acknowledged, <br />the parties hereto agree as follows: <br />ARTICLE 1 <br />DEFINITIONS <br />1.1 Company — means Company, and its lawful successors or assigns. <br />1.2 City — means the City of Redwood City, a charter city and municipal corporation of <br />the State of California, including the duly elected or appointed officers, agents, employees, and <br />volunteers of the City of Redwood City, individually or collectively. <br />1.3 City Engineer — means the City Engineer of the City of Redwood City, California. <br />1.4 Public Rights -Of -Way — means the surface of and the space above and below any <br />street, road, highway, Right -Of -Way, alley, easement, pathway, sidewalk and other public way, <br />including driveway, curb, gutter, paving or other surface and subsurface drainage structure or facility <br />and any public place, or City property, now or hereafter existing as such within the City. <br />1.5 Telecommunications Services — means services that Company is authorized to offer <br />and/or provide as of the date of this Agreement pursuant to any applicable Certificate of Public <br />Convenience and Necessity (CPCN) issued by the California Public Utilities Commission, including <br />its existing CPCN approved by D. 98-12-083 which authorizes Company to provide resold and full <br />ATTY/AGR/2017.035/ZAYO GROUP, LLC—FIBER OPTIC FACILITIES <br />REV: 02-14-17 JS <br />Page 1 of 16 <br />