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�J. �.- 6 � <br /> (a) City hereby agrees to permit MFN, subject to reservations, covenants and <br /> conditions herein contained, to construct, reconstruct, install, reinstall, maintain and operate, <br /> replace, relocate and remove Fiber Optic Network Facifities used for Telecommunications <br /> Services within Public Right-of-Way that is located within the corporate limits of the City of <br /> Redwood City, subject to obtaining all required permits and approvals. <br /> (b) This Agreement is not a grant by City of any property interest but is made subject <br /> and subordinate to the prior and continuing right of City and its assigns to fawfully use any or all <br /> of the Public Right-of-Way for City-owned facilities in the performance of its duties, including but <br /> 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, storrn 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 <br /> right 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 /> MFN 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 MFN, including any fee or leasehold <br /> interest in land, easement, or any franchise rights. MFN may, however, want to further <br /> investigate whether if may be subject to County possessory interest taxes. <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 MFN actual notice of the Encumbrances, or to the extent <br /> Aemt-�3(� <br /> f/slvsh/Redwood <br /> I-7iS:r� - <br /> ] 0/OS/00 <br /> 5 <br />