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01-28-r99 08:49 ID= P'02✓03 <br /> TOd VSZB t2t STS : i A - -- -- -- <br /> ENCROACHMENT AGREEMENT RE FIBER OPTIC SYSTEM <br /> ZZ J <br /> THIS ENCROACHMENT AGREEMENT is entered into this y off', <br /> WM, by and between the CITY OF FL.EASA',1T0N, a Municipal Corporation of the State of <br /> CST T�kccernCcjt;olnic,�rG. <br /> California("City"), and ., a corporation, organized <br /> Cav+4orn%a- <br /> and existing under the laws of the State of Deiew ("Company"). <br /> RE <br /> A City owns the right of way("Right of Way")within the City of Pleasanton. <br /> B. Company has submitted an Application for an Encroachment Permit, dated <br /> 1997, attached hereto as Exhibit "A" to construct and maintain a fiber optic system <br /> ("the Project") in the Right of Way. <br /> C. The Project, as proposed, does not interfere with the City's uses of the Right of <br /> Way. <br /> NOW, THEREFORE, in consideration of the faithful performance of the terms and <br /> conditions set forth in this Agreement, the parties agree as follows; <br /> 1. DTFI MONS. <br /> a. "City" refers to the City of Pleasanton_ its officers, employees, agents and <br /> contractors. <br /> b. "City's representative" refers to the City Engineer for the City of <br /> Pleasanton. r <br /> Z- ENCROACHMENT. Subject to this Agreement, City shall allow Company to <br /> install and maintain the Project in the Right of Way but only as shown on the attached Exhibit A. <br /> Any installarion or mmntcnance of the Project in the Right of Way outside the Encroachment <br /> Permit's approved boundaries is prohibited. <br /> 3. COMPANY'S RESPONSIBILITIES. Company shall be responsible for the <br /> foliowina: <br /> a. Any reasonable costs, including but not limited to any attorneys fees, <br /> incurred by City at any time which are associated with Company's compliance with <br /> thus Agreement shall be the sole responsibility of Company. Company shall pay <br /> any costs within 30 days of the date of an invoice from City detailing the costs <br /> incurred. <br /> $ncroachmsnc ggrectnent 1 <br />