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ENCROACHMENT AGREEMENT FOR FIBER OPTIC TELEPHONE SYSTEM <br /> THIS ENCROACHMENT AGREEMENT is entered into this6eday of <br /> April, 2005, by and between the CITY OF PLEASANTON, a Municipal Corporation of <br /> the State of California("City"), and LEVEL 3 COMMUNICATIONS, LLC, a Delaware <br /> limited liability company ("Company"). <br /> Recitals <br /> A. City manages the right of way ("Right of Way") along all City streets, <br /> alleys, sidewalks, and other public places in the City of Pleasanton. <br /> B. The California Public Utilities Company has issued Company a Certificate <br /> of Public Convenience and Necessity in Decision No. 98-03-066 to <br /> operate as a facilities-based competitive local carrier,to offer resold local <br /> exchange services and to offer statewide Inter and Intra LATA services. <br /> C. Company has submitted an Application for an Encroachment Permit, <br /> dated February 21,2005, attached hereto as Exhibit "A", to construct and <br /> maintain a fiber optic telephone system ("the Project") in the Right of <br /> Way. Applications submitted to secure permits for subsequent projects <br /> shall be attached to this Agreement as consecutive exhibits B, C, D, E and <br /> so forth. <br /> D. 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 /> and any additional exhibits to secure permits for subsequent projects. Company <br /> represents that it is a Telephone Corporation under California Public Utilities Code <br /> section 7901 and that it will only provide services authorized by state and federal law, <br /> and that it is not providing any other services for which a City franchise could be required <br /> under state and federal law. Any installation or maintenance of the Project outside of this <br /> use or outside of the approved boundaries of the Encroachment Permit granted under this <br /> Agreement is prohibited. <br /> b. 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 /> ENCROACHMENT AGREEMENT FOR FIBER OPTIC TELEPHONE SYSTEM Page 1 of 6 <br /> CITY OF PLEASANTON AND LEVEL 3 COMMUNICATIONS <br />