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REV: 09-30-22 SK
<br />1.6 Facilities – means fiber optic cables, coaxial and copper cables, conduits, converters,
<br />splice boxes, cabinets, handholes, manholes, vaults, equipment, drains, surface location marker,
<br />appurtenances, and related facilities located or to be located in the Public Rights-Of-Way of the City
<br />and used or useful for the transmission of telecommunication data.
<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 utilities
<br />are already underground or all new wireline telecommunication facilities are being installed
<br />underground; provided, however, that in those areas where poles exist and electric and telephone
<br />lines are overhead, Company may install fiber optic cables overhead if using the same poles or
<br />replacement poles (subject to the approval of the pole owner and City); and further provided that
<br />whenever and wherever the owner of the poles moves its plant from overhead to underground
<br />placement in an area, all Company’s facilities must be relocated and moved underground as directed
<br />by the City Engineer, at Company's expense, and in accordance with then-existing City practices,
<br />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”). In the event of a conflict between this Agreement and the Code
<br />and/or the Zoning 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 />encroachment permit. Once a permit is issued, Company shall commence work and complete the
<br />construction and installation of the Facilities in accordance with the Code and any construction
<br />schedule approved by the City Engineer in the applicable permit.
<br />2.5 Compliance with Laws and Regulations. Company shall at all times during the
<br />duration of this Agreement, comply with all state, federal and local laws and regulatory requirements,
<br />including, without limitation, compliance with Company’s Certificates of Public Convenience and
<br />ATTY/AGR.2022.364/Bandwidth IG, LLC (New Fiber Install) (Page 2 of 20)
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