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<br />ORIGINAL <br /> <br />ENCROACHMENT AGREEMENT BETWEEN THE CITY OF <br />REDWOOD CITY AND NEXTLINK CALIFORNIA, INC. FOR <br />THE CONSTRUCTION, INSTALLATION, AND MAINTENANCE <br />OF FIBER OPTIC CABLES AND RELATED FACILITIES <br />WITHIN THE PUBLIC RIGHT-OF-WAY <br /> <br />-II <br /> <br />This Agreement ("Agreement") is dated for identification this £ day of <br /> <br />~ <br /><...-. / , 1999, by and between the CITY OF REDWOOD CITY, a <br />m /lciPal corporation of the State of California, ("City") and NEXTLINK <br /> <br />CALIFORNIA, INC., a Washington corporation ("NEXTLlNK"); <br /> <br />W II N E SSE I H: <br /> <br />WHEREAS, NEXTLINK is authorized, pursuant to an order of the Public <br /> <br />Utilities Commission of the State of California ("PUC") dated January 1, 1996, to <br /> <br />offer facilities-based competitive local exchange service; and <br /> <br />WHEREAS, NEXTLINK desires to construct, install and maintain Fiber <br /> <br />Optic Network Facilities within the Public Right-of-Way and/or public utility or <br /> <br />service easements (collectively referred to as Public Right-ot-Way) within City; <br /> <br />and <br /> <br />WHEREAS, City has the authority to regulate the terms and conditions for <br /> <br />the use of Public Right-of-Way for the construction, installation and maintenance <br /> <br />of Fiber Optic Network Facilities by private telecommunication services providers; <br /> <br />and <br /> <br />WHEREAS, City desires to regulate the construction, installation, and <br /> <br />Sh/rwc/council/agmt <br />Agmt-261 <br />FXS/fs <br />05/11/99 <br /> <br />1 <br /> <br />.,....... ......q.... .--...... .....~.-.... .. <br />