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not limited to, public use as a street and for the purpose of laying, installing, maintaining,
<br />repairing, protecting, replacing and removing sanitary sewers, water mains, storm drains, gas
<br />mains, poles, overhead and underground electric and telephone wires, electroliers, cable
<br />television and other utility and municipal uses together with appurtenances thereof and with right
<br />of ingress and egress, along, over, across and in said Public Right-of-Way. No use of any
<br />Public Right-of-Way or other interest or property under this Agreement shall create or vest in
<br />QWEST or any other public utility any ownership interest in the Public Right-of-Way, streets or
<br />other property or interest of City. Nothing in this Agreement shall be deemed to grant, convey,
<br />create, or vest a perpetual real property interest in land in QWEST, including any fee or
<br />leasehold interest in land, easement, or any franchise rights. QWEST may, however, want to
<br />further investigate whether if may be subject to County possessory interest taxes.
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<br /> (c) This Agreement is made subject to all easements, restrictions, conditions,
<br />covenants, encumbrances and claims of title (collectively referred to as "Encumbrances") which
<br />may, as of the Effective Date, affect the Public Right-of-Way, and to the extent the
<br />Encumbrances are recorded with the San Mateo County Recorder's office, or to the extent that
<br />City or other person/entity has given QWEST actual notice of the Encumbrances, or to the
<br />extent that QWEST has actual notice thereby, it is understood that QWEST, at its own cost and
<br />expense, shall obtain such permission as may be necessary, consistent with any other existing
<br />rights. Subject to the Provisions of this Agreement, City hereby licenses and permits QWEST to
<br />construct, install, maintain, locate, move, operate, place, protect, reconstruct, reinstall, relocate,
<br />remove, and replace the Facilities underground or on existing poles, to the extent QWEST may
<br />gain access to these poles consistent with the rights of third parties under applicable laws, and
<br />existing and future agreements within the Public Right-of-Way for the purposes of providing
<br />Telecommunications Services to Persons located within the limits of the City. Any work
<br />performed pursuant to the rights granted to QWEST under this Agreement shall be subject to
<br />the prior review and approval of the Director.
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<br />Agmt-433 5
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