Agmt02 Level 3 Communications - Laserfiche WebLink

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crossings. These plans and drawings shall be incorporated in one (1) set of 3 mil minimum thickness, good quality transparent mylar drawings. Level 3 shall furnish to City electronic disks (which utilize AutoCAD or Geographic Data Systems software) containing the full set of plans and record drawings. The delivery by Level 3 to City of the above referred plans and record drawings shall not relieve any third party of any legal or regulatory requirements with respect to location of facilities in the Right-of-way and shall not be deemed to impose any responsibility or duty (other than the responsibility, or duty, if any, imposed by Laws) with respect to any third party. To the extent directional boring or other similar methods are used to construct or install the Facilities, Level 3 also shall pothole all City mains and customer services lines prior to crossing over, under, or between such Underground Facilities. Level 3 shall identify the Fiber Optic Network Facilities installed in each Public Right-of-Way by means of an identification method mutually agreed upon by City and Level 3. Such identification shall be detectable from ground level without opening the street. (c) In the event that City lawfully adopts an ordinance which imposes a trench cut fee (the "TCF Ordinance") on entities doing excavation work within the City, Level 3 agrees that it shall pay, upon demand, the applicable fees set forth by the TCF Ordinance provided that such fees are consistent with and not otherwise preempted by, state and federal law. (d) City intends to retain the services of an inspector ("Inspector") for the duration of the work of improvements. Level 3 agrees to pay all invoices presented by City to Level 3 for services rendered by Inspector in connection with the inspection of the work of improvement. All payments of invoices shall be done upon receipt and shall bear interest at the rate of 10% per annum on any unpaid balance commencing thirty (30) days after the date of the invoice. (e) Notwithstanding any statement to the contrary in this Agreement, this Encroachment Agreement shall not include the residential areas of Redwood Shores. 10. Performance Bond. Prior to the issuance of an Encroachment Permit, Level 3 or its F:Atty/Agr. 076 12 100702