AgdaPkt 2018-12-03 Joint SA PFA - Laserfiche WebLink

Browse Search

6.G. - Page 23 of 40 CONDUIT OCCUPANCY AGREEMENT yl - This Conduit Occupancy Agreement ("Agreement"), dated A L14) 0A 2, 2015 (the "Effective Date"), is made by and between is Astound Broadband, LLC, a shington limited liability company, ("Licensee") and The City of Redwood City, a charter city and municipal corporation of the state of California ("Licensor"). Licensor and Licensee may sometimes be referred to collectively as the "Parties" or individually as a "Party." Background A. Licensor is the owner or has operational and legal control of a system of underground conduit located in municipal rights-of-way or private easements dedicated for compatible use (collectively, the "Conduit System") located generally within the physical boundaries of the City of Redwood City, California. B. Licensee is authorized to provide telecommunications services in the state of California pursuant to its Certificate(s) of Public Convenience and Necessity (CPCN) issued by the Public Utilities Commission of the State of California, is a provider of dark fiber and various telecommunications services (collectively, the "Services") and desires to place and maintain a new single 48 count fiber optic cable approximately 0.4 inches in diameter and maintain an existing 12 count fiber optic cable approximately 0.4 inches in diameter and existing related splice case(s) and handhole(s) (collectively, the "Facilities") in a portion of Licensor's Conduit System (the "Licensed Conduit" as defined below) solely for the purpose of providing communications services to the County of San Mateo. C. Licensor desires to allow such occupancy by Licensee in accordance with the terms and conditions set forth herein. Agreement In consideration of the mutual covenants, terms and conditions herein contained, the Parties mutually covenant and agree as follows: ARTICLE I — DEFINED TERMS In addition to the terms defined in this Agreement, as used herein the following capitalized terms shall have the meanings ascribed below: 1.1 "Licensed Conduit" means, the space required to install the Facilities in that portion of the Conduit System specifically shown in Exhibit A, being approximately one half (%) mile in length from Redwood City City Hall, 1017 Middlefield Road, Redwood City CA, to San Mateo County Center, 555 County Center, Redwood City, CA. ARTICLE 2 - SCOPE OF AGREEMENT 2.1 License. Licensor grants to Licensee a non-exclusive license to occupy, place and maintain its Facilities in and to access and use the Licensed Conduit, including the right to access and use duct facilities, and maintenance duct as indicated in Exhibit A. This Agreement is limited to access and use of the Licensed Conduit as depicted in Exhibit A and does not extend to any other conduit ATTY/AGR/2015.149/ASTOUND CONDUIT ACCESS FOR SM COUNTY REV: 08-20-1S MLG Page 1 of 12 147