|
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 />
<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 lawfully 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, storm 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 right
<br />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 />Level 3 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 Level 3, including any fee or leasehold
<br />interest in land, easement, or any franchise rights. Level 3 may, however, want to fur[her
<br />investigate whether if may be subject to County possessory interest taxes.
<br />
<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 Level 3 actual notice of the Encumbrances, or to the extent
<br />that Level 3 has actual notice thereby, it is understood that Level 3, at its own cost and expense,
<br />shall obtain such permission as may be necessary, consistent with any other existing rights.
<br />Subject to the Provisions of this Agreement, City hereby licenses and permits Level 3 to
<br />construct, install, maintain, locate, move, operate, place, protect, reconstruct, reinstall, relocate,
<br />
<br />F:Atty/Agr.076 5
<br />100702
<br />
<br />
<br />
|