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REV: 02-23-24 SK
<br />in the territories of the five Uniform Regulatory Framework companies, and interexchange services
<br />throughout the State of California.
<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 utilities are being required to be installed underground; provided,
<br />however, that in those areas where poles may exist and electric and telephone lines are, overhead,
<br />Company may install fiber optic cables overhead if using permitted poles (subject to the approval of
<br />the pole owner and the City); and further provided that whenever and wherever the owner of the
<br />poles moves its plant from overhead to underground placement in an area, should Company wish to
<br />retain its impacted Facilities, all Company’s impacted Facilities must be relocated and moved
<br />underground as directed by the City Engineer, at Company's expense, and in accordance with then-
<br />existing City practices, policies and regulations.
<br />2.2 No Cost to the City. The construction, installation, operation, maintenance, and
<br />removal of any Facilities shall be accomplished (i) without cost or expense to the City and (ii) subject
<br />to the prior approval of the City Engineer, and Company shall maintain any such Facilities at all
<br />times in good 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 applicable provisions of
<br />the Redwood City Code, as may be amended from time to time (the “Code”), including Chapter 11,
<br />Privately Owned Utilities, and Chapter 29 Streets, Sidewalks and Work In or Use of City Right-of-
<br />Way. Company shall also comply with applicable provisions of the City’s Zoning Code, as amended
<br />from time to time (the “Zoning Code”). In the event of a conflict between this Agreement and the
<br />Code 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 />ATTY/AGR.2024.018/Astound Broadband, LLC (Fiber Agreement) (Page 2 of 20)
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