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REV: 12-20-2022 JB
<br />including the area comprising the City, and resold and full facilities-based interexchange services
<br />throughout the State of California.
<br />1.6 Facilities – means fiber optic cables, coaxial and copper cables, poles, conduits,
<br />converters, splice boxes, cabinets, handholes, manholes, vaults, equipment, drains, surface location
<br />marker, appurtenances, and related facilities located or to be located in the Public Rights-Of-Way of
<br />the City and used or useful for the transmission of telecommunications.
<br />ARTICLE 2
<br />INSTALLATION AND MAINTENANCE OF FACILITIES
<br />2.1 Permitted Installations. During the term of this Agreement, Company may install,
<br />maintain, operate, relocate, and remove the Facilities within the City’s Public Rights-Of-Way subject
<br />to the issuance of required encroachment and building permits and approvals. The Facilities shall be
<br />shown and described in permit applications filed with the City Engineer and may be modified by
<br />subsequent permits approved by the City. All Facilities to be installed, maintained, operated,
<br />relocated, and removed under this Agreement shall be underground in areas where all existing
<br />utilities are already underground or all new wireline telecommunications facilities are required to be
<br />installed underground; provided, however, that in those areas where poles exist and electric and
<br />telephone lines are overhead, Company may install fiber optic cables overhead if using the same
<br />poles or replacement poles (subject to the approval of the pole owner and City) or on new poles if
<br />any other telephone corporation would be permitted to install new poles at the same location; and
<br />further provided that whenever and wherever the owner of the poles moves its plant from overhead
<br />to underground placement in an area and all telephone corporations using the poles for cables are
<br />required to relocate and move their facilities underground, all Company’s facilities must be relocated
<br />and moved underground ,as directed by the City Engineer, at Company's expense, and in accordance
<br />with then-existing City practices, policies and regulations.
<br />2.2 No Cost to City. The construction, installation, operation, maintenance, and removal
<br />of any Facilities shall be accomplished (i) without cost or expense to the City and (ii) subject to the
<br />prior approval of the City Engineer. Company shall maintain any such Facilities at all times in good
<br />and safe condition and free from any nuisance to the satisfaction of the City Engineer.
<br />2.3 Compliance with Code. Company shall comply with the provisions of the Redwood
<br />City Code, as may be amended from time to time (the “Code”), including Chapter 11, Privately
<br />Owned Utilities, and Chapter 29 Streets, Sidewalks and Work In or Use of City Right-of-Way.
<br />Company shall also comply with applicable provisions of the City’s Zoning Code, as amended from
<br />time to time (the “Zoning Code”); provided, however, that nothing in this Agreement shall be
<br />construed as limiting Company’s right to challenge any such provisions or amendments to the Code
<br />or Zoning Code. In the event of a conflict between this Agreement and the Code and/or the Zoning
<br />Code, the provisions of the Code and/or the Zoning Code shall apply.
<br />2.4 Encroachment Permits. All work performed by Company under this Agreement
<br />shall be made pursuant to individual encroachment permits. Company shall obtain encroachment
<br />permits from the City for the installation of the Facilities and for any other work or activities within
<br />the City’s Public Rights-Of-Way as required by Chapter 29 of the Code. Company shall submit all
<br />plans, schedules, and information required by the Code and the City Engineer. Company also shall
<br />submit all required fees, cash deposits, bonds or other security required by the City Engineer in
<br />accordance with the Code. All work within the Public Rights-Of-Way shall be performed in strict
<br />compliance with the terms and conditions of this Agreement, the Code, and the pertinent
<br />ATTY/AGR.2022.405/Mobilitie, LLC (Page 2 of 21)
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