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ORIGINAL <br /> <br /> ENCROACHMENT AGREEMENT BETWEEN THE CITY OF <br /> REDWOOD CITY AND BROOKS FIBER COMMUNICATIONS <br /> OF SAN JOSE, INC., FOR THE INSTALLATION OF FIBER <br /> OPTIC NETWORK FACILITIES WITHIN THE PUBLIC RIGHT- <br /> OF-WAY <br /> <br /> This Agreement ("Agreement") is dated for identification this I-~¢'~day of <br /> ~ 1997, by and between the City OF REDWOOD City, a <br /> municipal corporation of the State of California, ("City") and BROOKS FIBER <br /> COMMUNICATIONS OF SAN JOSE, INC., a Nevada corporation ("BFC"). <br /> <br /> W_ITNESSETH: <br /> <br /> WHEREAS, BFC is authorized, pursuant to an order of the Public Utilities <br />Commission of the State of California dated December 20, 1995, to offer <br />facilities-based competitive local exchange service; and <br /> <br /> WHEREAS, BFC desires to construct, install and maintain Fiber Optic <br />Network Facilities within the Public Right-of-Way and/or public utility or service <br />easements (collectively referred to as Public Right-of-Way) within City; and <br /> <br /> WHEREAS, City has the authority to regulate the terms and conditions for <br />the use of Public Right-of-Way for the construction, installation and maintenance <br />of Fiber Optic Network Facilities by private telecommunication services providers; <br />and <br /> <br /> WHEREAS, the City of Redwood City wishes to regulate the construction, <br />installation, and maintenance and repair of fiber optic cables and related facilities <br /> <br />Agmt-052 <br />GXshat~cks hat~d~RedwoodXCouncil <br /> <br />05/06/97R <br /> <br /> <br />