Laserfiche WebLink
REV: 02-23-24 SK <br />AGREEMENT BETWEEN THE CITY OF REDWOOD CITY, CALIFORNIA <br />AND ASTOUND BROADBAND, LLC FOR THE INSTALLATION OF FIBER OPTIC <br />FACILITIES <br />This Agreement is entered into as of ______________, 2024 (“Effective Date”) by and <br />between the City of Redwood City, California, a municipal corporation (the “City”) and Astound <br />Broadband, LLC, a Washington limited liability company (“Company”). Company and the City are <br />sometimes individually referred to herein as a “Party” and collectively as the “Parties.” <br />RECITALS <br />A. Company is authorized to provide Telecommunications Services (as defined herein) <br />in the State of California by the California Public Utilities Commission. <br />B. Company desires to construct, install, and maintain, Facilities (as defined herein) from <br />time to time within the Public Rights-Of-Way within the City in order to provide <br />Telecommunications Services. <br />C. The City has the authority to regulate the terms and conditions for use of the Public <br />Rights-Of-Way and land use within the corporate limits of the City. <br />D. The purpose of this Agreement is to provide the general framework within which <br />Company will apply for necessary encroachment permits and construct, install, and maintain, the <br />Facilities within the corporate limits of the City. The Parties do not intend the Agreement to give <br />Company a right to the award of any such permits. <br />AGREEMENT <br />In consideration of the Recitals set forth above, the mutual promises and terms and conditions <br />of this Agreement and other valuable consideration, the adequacy of which is hereby acknowledged, <br />the Parties hereto agree as follows: <br />ARTICLE 1 <br />DEFINITIONS <br />1.1 Company – means Company, and its lawful successors or assigns. <br />1.2 City – means the City of Redwood City, a charter city and municipal corporation of <br />the State of California, including the duly elected or appointed officers, agents, employees, and <br />volunteers of the City of Redwood City, individually or collectively. <br />1.3 City Engineer – means the City Engineer of the City of Redwood City, California. <br />1.4 Public Rights-Of-Way – means the surface of and the space above and below any <br />street, road, highway, Right-Of-Way, alley, easement, pathway, sidewalk and other public way, <br />including driveway, curb, gutter, paving or other surface and subsurface drainage structure or facility <br />and any public place, or the City property, now or hereafter existing as such within the City. <br />1.5 Telecommunications Services – means services that Company is authorized to offer <br />and/or provide as of the date of this Agreement, including those pursuant to any applicable Certificate <br />of Public Convenience and Necessity (“CPCN”) and decisions issued by the California Public <br />Utilities Commission, such as the existing CPCN approved by Decision 95-12-057 which authorizes <br />Company to provide resold and full facilities-based local exchange service, including access service, <br />ATTY/AGR.2024.018/Astound Broadband, LLC (Fiber Agreement) (Page 1 of 20) <br />6.E. - Page 4 of 23 <br />173