Agmt99 RCN Telecom Services - Laserfiche WebLink

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~---____~~a_streetandforlh epurpose .ofJaying,Jnstall i ng,maintai ningr. repairing, ..p rotecting, n- replacing and removing sanitary sewers, water mains, storm drains, gas mains, poles, overhead and underground electric and telephone wires, electroliers, cable television and other utility and municipal uses together with appurtenances thereof and with right of ingress and egress, along, over, across and in said Public Right-of-Way. No use of any Public Right-of-Way or other interest or property under this Agreement shall create or vest in RCN or any other public utility any ownership interest in the Public Right-of-Way, streets or other property or interest of City. Nothing in this Agreement shall be deemed to grant, convey, create, or vest a perpetual real property interest in land in RCN, including any fee or leasehold interest in land, easement, or any franchise rights. (c) This Agreement is made subject to all easements, restrictions, conditions, covenants, encumbrances and claims of title (collectively referred to as "Encumbrances") which may, as of the Effective Date, affect the Public Right- of-Way, and to the extent the Encumbrances are recorded with the San Mateo County Recorder's office, or to the extent that City or other person/entity has given RCN actual notice of the Encumbrances, or to the extent that RCN has actual notice thereby, it is understood that RCN, at its own cost and expense, shall obtain such permission as may be necessary, consistent with any other existing rights. Subject to the Provisions of this Agreement, City hereby licenses and permits RCN to construct, Agmt-245 G\shared\shared\Redwood\Co unc il FXS/fs 03/15/99 04/05/99; 04/20/99 install, maintain, locate, move, operate, place, 7