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Agmt06 NextG Networks
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Agmt06 NextG Networks
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Last modified
3/4/2006 8:52:22 AM
Creation date
3/4/2006 8:46:39 AM
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Template:
Agreement
Contractor Name
NextG Networks
PROJECT NAME
right of way use agreement
RMP File Number
304
Date
2/24/2006
Reso Ref
14687
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<br />ordinances regarding such installations as well as any future regulations that may be adopted by <br />the City respecting such installations. <br /> <br />5.6 Visual Impact. NextG agrees that, in order to minimize the visual impact of its attachments <br />on utility poles, in any instance where a cross-arm is set on a utility pole as the locus for <br />attachment of Equipment, such Equipment shall be painted an appropriate color to reduce <br />visibility and attached at the point on the cross-arm that is as close to the pole as possible <br />consistent with the requirements of General Order 95 of the PUc. <br /> <br />5.6.1 In all cases and for all equipment types, the antennas, boxes, and/ or vaults shall <br />be finished in the same color, materials and, to the extent possible, texturing as the <br />surrounding materials. <br /> <br />5.7 Relocation and Displacement of Equipment. NextG understands and acknowledges that <br />City may require NextG to relocate one or more of its Equipment installations. NextG shall at <br />City's direction relocate such Equipment at NextG's sole cost and expense, whenever City <br />reasonably determines that the relocation is needed for any of the following purposes: (a) if <br />required for the construction, completion, repair, relocation, or maintenance of a City project or <br />utility; (b) because the Equipment is interfering with or adversely affecting proper operation of <br />City-owned light poles, traffic signals, communications, or other Municipal Facilities; (c) to <br />protect or preserve the public health or safety; or (d) based on other reasonable concerns or <br />circumstances under which the City deems a relocation or displacement necessary. In any such <br />case, City shall use its best efforts to afford NextG a reasonably equivalent alternate location. If <br />NextG shall fail to relocate any Equipment as requested by the City within a reasonable time <br />under the circumstances in accordance with the foregoing provision, City shall be entitled to <br />relocate the Equipment at NextG's sole cost and expense, without further notice to NextG. To the <br />extent the City has actual knowledge thereof, the City will attempt promptly to inform NextG of <br />the displacement or removal of any pole on which any Equipment is located. <br /> <br />5.8 Relocations at NextG's Request. In the event NextG desires to relocate any Equipment from <br />one Municipal Facility to another, NextG shall so advise City and apply for a permit as required <br />under this section. City will use its best efforts to accommodate NextG by making another <br />reasonably equivalent Municipal Facility available for use in accordance with and subject to the <br />terms and conditions of this Use Agreement. <br /> <br />5.9 Damage to Public Way. Whenever the removal or relocation of Equipment is required or <br />permitted under this Use Agreement, and such removal or relocation shall cause the Public <br />Rights-of-Way to be damaged, NextG, at its sole cost and expense, shall promptly repair and <br />return the Public Rights-of-Way in which the Equipment are located to a safe and satisfactory <br />condition in accordance with applicable Laws, normal wear and tear excepted. If NextG does not <br />repair the site as just described, then the City shall have the option, upon fifteen (15) days' prior <br />written notice to NextG, to perform or cause to be performed such reasonable and necessary <br />work on behalf of NextG and to charge NextG for the proposed costs to be incurred or the actual <br />costs incurred by the City at City's standard rates. Upon the receipt of a demand for payment by <br />the City, NextG shall promptly reimburse the City for such costs. The terms of this provision <br />shall survive the expiration, completion or earlier termination of this Use Agreement. <br /> <br />5.10Change in Equipment. If NextG proposes to install Equipment which is different in any <br />material way from the specifications attached hereto as Exhibit A, then NextG shall first obtain <br />the approval for the use and installation of the equipment from the City. In addition to any other <br />submittal requirements, NextG shall provide "load" calculations for all Streetlight Poles it <br /> <br />Right-of Way Use Agreement <br />City of Redwood City:: NextG Networks of California, Inc. <br />page 8 of15 <br /> <br />.. ..---- ----'".-....---..-.--.---"-"" ----.--.. -....."... <br />
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