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<br />0fØW. <br /> <br />ENCROACHMENT AGREEMENT BETWEEN THE CITY OF <br />REDWOOD CITY AND RCN TELECOM SERVICES OF <br />CALIFORNIA, FOR THE INSTAllATION OF FIBER OPTIC <br />NETWORK FACILITIES WITHIN THE PUBLIC RIGHT -OF- <br />WAY <br /> <br />~ <br />This Agreement ("Agreement") is dated for identification this ~ day of <br /> <br />~'~C~'i <br /> <br />, 1999, by and between the CITY OF REDWOOD CITY, a <br /> <br />municipal corporation of the State of California, ("City") and RCN TELECOM <br /> <br />SERVICES OF CALIFORNIA, INC., a California corporation ("RCN"); <br /> <br />W 1 I N E SSE I H: <br /> <br />WHEREAS, RCN is authorized, pursuant to an order of the Public Utilities <br /> <br />Commission of the State of California ("PUC") dated September 17, 1998, to offer <br /> <br />facilities-based competitive local exchange service; and <br /> <br />WHEREAS, RCN desires to construct, install and maintain Fiber Optic <br /> <br />Network Facilities within the Public Right-of-Way and/or public utility or service <br /> <br />easements (collectively referred to as Public Right-of-Way) within City; and <br /> <br />WHEREAS, City has the authority to regulate the terms and conditions for <br /> <br />the use of Public Right-of-Way for the construction, installation and maintenance <br /> <br />of Fiber Optic Network Facilities by private telecommunication services providers; <br /> <br />and <br /> <br />WHEREAS, City wishes to regulate the construction, installation, and <br /> <br />maintenance and repair of fiber optic cables and related facilities proposed by <br /> <br />Agmt-245 <br />G\shared\shared\Redwood\ Co un c iI <br />FXS/fs <br />03/15/99 <br />04/05/99; 04/20/99 <br /> <br />1 <br />