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<br />(a) <br /> <br />City hereby agrees to permit MFN, subject to reservations, covenants and <br /> <br />conditions herein contained, to construct, reconstruct, install, reinstall, maintain and operate, <br /> <br />replace, relocate and remove Fiber Optic Network Facilities used for Telecommunications <br />Services within Public Right-of-Way that is located within the corporate limits of the City of <br /> <br />Redwood City, subject to obtaining all required permits and approvals. <br /> <br />(b) <br /> <br />This Agreement is not a grant by City of any property interest but is made subject <br /> <br />and subordinate to the prior and continuing right of City and its assigns to lawfully use any or all <br /> <br />ot the Public Right-ot-Way for City-owned tacilities in the performance of its duties, including but <br /> <br />not limited to, public use as a street and tor the purpose of laying, installing, maintaining, <br /> <br />repairing, protecting, replacing and removing sanitary sewers, water mains, storm drains, gas <br /> <br />mains, poles, overhead and underground electric and telephone wires, electroliers, cable <br /> <br />television and other utility and municipal uses together with appurtenances thereof and with <br /> <br />right of ingress and egress, along, over, across and in said Public Right-of-Way. No use ot any <br /> <br />Public Right-ot-Way or other interest or property under this Agreement shall create or vest in <br /> <br />MFN or any other public utility any ownership interest in the Public Right-of-Way, streets or <br /> <br />other property or interest of City. Nothing in this Agreement shall be deemed to grant, convey, <br /> <br />create, or vest a perpetual real property interest in land in MFN, including any fee or leasehold <br /> <br />interest in land, easement, or any franchise rights. <br /> <br />MFN may, however, want to further <br /> <br />investigate whether if may be subject to County possessory interest taxes. <br /> <br />(c) <br /> <br />This Agreement is made subject to all easements, restrictions, conditions, <br /> <br />covenants, encumbrances and claims ot title (collectively referred to as "Encumbrances") which <br /> <br />may, as of the Effective Date, affect the Public Right-of-Way, and to the extent the <br /> <br />Encumbrances are recorded with the San Mateo County Recorder's office, or to the extent that <br /> <br />City or other person/entity has given MFN actual notice ot the Encumbrances, or to the extent <br /> <br />Agnn-409 <br />flshlsh/Redwood <br />FXS:rg <br />10/05/00 <br /> <br />5 <br />