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<br />3 ~"4 <br /> <br />ENCROACHMENT AGREEMENT BETWEEN THE CITY OF <br />REDWOOD CITY AND WILLIAMS COMMUNICATIONS, INC., <br />DBA VYVX, INC., FOR THE CONSTRUCTION, INSTALLATION, <br />AND MAINTENANCE OF FIBER OPTIC NETWORK <br />FACILITIES CABLES AND RELATED FACILITIES WITHIN <br />THE PUBLIC RIGHT-OF-WAY <br /> <br />This Agreement ("Agreement") is dated for identification this <br /> <br />day of <br /> <br />, 2000, by and between the CITY OF REDWOOD CITY, a <br /> <br />municipal corporation of the State of California, ("City") and WILLIAMS <br /> <br />COMMUNICATIONS, INC., dba VYVX, INC. a Delaware corporation <br /> <br />("WILLIAMS"); <br /> <br />Yi. ! I t:! g ssg I Ii: <br /> <br />WHEREAS, WILLIAMS is authorized, pursuant to Decision No. 99-10-062 <br /> <br />of the Public Utilities Commission of the State of California ("PUC") dated October <br /> <br />21, 1999, to offer facilities-based competitive local exchange service; and <br /> <br />WHEREAS, WILLIAMS desires to construct, install and maintain Fiber <br /> <br />Optic Network Facilities within the "Public Right-of-Way" and/or public utility or <br /> <br /> <br />service 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 />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 />R W CICouĊ“iII Agmy <br />Agmt.341 <br />FXSlfs <br />03/28/00. 03130100R <br />