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� �W�..a,��,n s r � _,� i�l(`�►yY.d��mr��..� AGREEMENT BETWEEN THE CITY OF REDWOOD CITY, C LIFORNIA AND OPTICACCESS LLC FOR THE INSTALLATION OF FI PTIC FACILITIES This Agreement is entered into as of , 20� ("Effective Date") by and between the City of Redwood City, Californi , munici al co oration(the "City") and opticAccess LLC, a limited liability company organized nd exist' g under the laws of the State of Nevada ("Company"). RECI LS A. Company is authorized to provide Telecommunications Services (as defined herein) in the State of California by the California Public Utilities Commission. B. Company desires to install Facilities (as defined herein) from time to time within the Public Rights-Of-Way within City in order to provide Telecommunications Services. C. City has the authority to regulate the terms and conditions for use of the Public Rights- Of-Way and land use within the corporate limits of the City. D. The purpose of this Agreement is to provide the general framework within which Company will apply for necessary encroachment permits and install the Facilities within the corporate limits of the City. The parties do not intend the Agreement to give Company a right to the award of any such permits. AGREEMENT In consideration of the Recitals set forth above,the mutual promises and terms and conditions of this Agreement and other valuable consideration,the adequacy of which is hereby acknowledged, the parties hereto agree as follows: ARTICLE 1 DEFINITIONS 1.1 Company—means Company, and its lawful successors or assigns. 1.2 City—means the City of Redwood City, a charter city and municipal corporation of the State of California, including the duly elected or appointed officers, agents, employees, and volunteers of the City of Redwood City, individually or collectively. 1.3 City Engineer—means the City Engineer of the City of Redwood City, California. 1.4 Public Rights-Of-Way — means the surface of and the space above and below any street, road, highway, Right-Of-Way, alley, easement, pathway, sidewalk and other public way, including driveway, curb, gutter,paving or other surface and subsurface drainage structure or facility and any public place, or City property, now or hereafter existing as such within the City. 1.5 Telecommunications Services—means services that Company is authorized to offer and/or provide as of the date of this Agreement pursuant to any applicable Certificate of Public Convenience and Necessity(CPCN) issued by the California Public Utilities Commission,including its existing CPCN approved by D. 13-01-010 which authorizes Company to provide resold and full facilities-based local exchange service, including access service, in the territories of the five Uniform Regulatory Framework companies, and interexchange services throughout the State of California. ATTY/AGR/2015.260/OPTIC ACCE55,LLC FIBER OPTIC FACILITIES REV:01-07-16 JS&VR Page 1 of 20