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ENCROACHMENT AGREEMENT FOR FIBER OPTIC SYSTEM <br /> ,4THIS ENCROACHMENT AGREEMENT is entered into thi&da-y-of <br /> 6��� � 2005, by and between the CITY OF PLEASANTON, a Municipal <br /> Co ration of the State of California("City"), and EMC Corporation, a Massachusetts <br /> corporation ("Company"). <br /> Recitals <br /> A. City owns the right of way("Right of Way") along all City streets, alleys, <br /> sidewalks, and other public places in the City of Pleasanton. <br /> B. City has issued Company an Encroachment Permit, dated August 25, <br /> 2004, attached hereto as Exhibit "A", to construct and maintain a fiber <br /> optic system("the Project") in the Right of Way. <br /> C. The Project, as proposed, does not interfere with the City's uses of the <br /> Right of Way. <br /> NOW, THEREFORE, in consideration of the faithful performance of the terms <br /> and conditions set forth in this Agreement, the parties agree as follows: <br /> 1. ENCROACHMENT. <br /> a. Subject to this Agreement, City shall allow Company to install and <br /> maintain the Project in the Right of Way but only as shown on the attached Exhibit"A". <br /> This approval is for the use of the conduit for fiber optic/telecom/data system. The <br /> conduit shall not be used for water, gas, electric or other power lines. Any installation or <br /> maintenance of the Project outside the approved boundaries of the Encroachment Permit <br /> granted under this Agreement is prohibited. <br /> b. Company has provided evidence of written authorization of the property <br /> owners of the private property where the Project will be constructed, which is attached as <br /> Exhibit B. <br /> C. City makes no representation or guaranty that its interest in the Right of <br /> Way is sufficient to accommodate the Project, and Company shall be deemed to gain <br /> only those rights to use the Right of Way that the City has the undisputed right and power <br /> to give. <br /> d. Company acknowledges that it has no statutory right to install the Project <br /> in the Right of Way and such installation is at the sole discretion of the City. Neither this <br /> Agreement nor anything done by Company shall create a vested right of Company to <br /> utilize the Right of Way or to extend or expand the Project once installed. Compensation <br /> for this use of the Right of Way shall be one dollar($1.00), which may increase <br /> ENCROACHMENT AGREEMENT FOR FIBER OPTIC SYSTEM Page 1 of 5 <br /> CITY OF PLEASANTON AND EMC <br />