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<br />ORIGINAL <br /> <br />ENCROACHMENT AGREEMENT BETWEEN THE CITY OF REDWOOD CITY <br />AND METROMEDIA FIBER NETWORK SERVICES, INC., FOR THE <br />CONSTRUCTION, INSTALLATION, AND MAINTENANCE OF FIBER OPTIC <br />NETWORK FACILITIES CABLES AND RELATED FACILITIES WITHIN THE <br />PUBLIC RIGHT-OF-WAY <br /> <br />This Agreement ("Agreement") is dated for identification this (~I> day of <br />~, 2000, by and between the CITY OF REDWOOD CITY, a municipal <br />corporation of the State of California, ("City") and METROMEDIA FIBER NETWORK <br /> <br />SERVICES, INC., a Delaware corporation ("MFN"); <br /> <br />W!I N 5~~5I H: <br /> <br />WHEREAS, MFN is authorized, pursuant to Decision No. 98-07-108 of the Public Utilities <br /> <br />Commission of the State of California ("PUC") dated July 24, 1998, to offer facilities-based and <br /> <br />resold inter and intra "LATA" ("long distance") telecommunications service; and <br /> <br />WHEREAS, MFN desires to construct, install and maintain Fiber Optic Network Facilities <br /> <br />within the "Public Right-of-Way" and/or public utility or service easements (collectively referred <br /> <br />to as Public Right-of-Way) within City; and <br /> <br />WHEREAS, City has the authority to regulate the terms and conditions for the use of <br /> <br />Public Right-of-Way for the construction, installation and maintenance of Fiber Optic Network <br /> <br />Facilities by private telecommunication services providers; and <br /> <br />WHEREAS, City wishes to regulate the construction, installation, and maintenance and <br /> <br />repair of fiber optic cables and related facilities proposed by telecommunications companies, <br /> <br />including MFN in the Public Right-of-Way within the limits of the City of Redwood City; and <br /> <br />NOW, THEREFORE, in consideration of the following terms, covenants, conditions, <br /> <br />provisions, and restrictions contained herein, City and MFN agree as follows: <br /> <br />1. Definitions. The following words, terms, and phrases used in this Agreement shall <br /> <br />Agmt-409 <br />fIsh/shIRedwood <br />FXS:rg <br />10/05/00 <br /> <br />1 <br />