MCIMETRO (2) - Laserfiche WebLink

/"\ /"N minimum the location and specific details (i.e., underground depth, above-ground height, GPS coordinates, etc.)of all Network Facilities presently installed within the City's limits; (ii)a Master Plan showing a high-level design of all Network Facilities presently intended to be installed over the five-year period from the Effective Date, which shall include the planned locations for all excavations, hand holes, surface-mounted Network Facilities, aerial wireline Network Facilities and undergrounded Network Facilities; (iii) the Bond(as defined in Section 7); and (iv) evidence of all insurance coverages required pursuant to this Agreement. Within the month of January in each calendar year throughout the Term, ENCROACHER shall provide an updated Master Plan, showing, to the extent applicable, any change to the Master Plan submitted in the prior year. ENCROACHER understands and acknowledges that any Master Plan tendered to CITY shall not create any right or expectation in or to the Network Facilities and other improvements shown therein and that any requests for authorization, permits or other approvals for such Network Facilities may be denied by CITY in accordance with Laws. ENCROACHER further understands and acknowledges that information contained within any Master Plan may be: (a) deemed to be a public record subject to disclosure in accordance with Laws; (b) incorporated into CITY's geographic information system ("GIS")to show the location of existing Network Facilities within the Public Rights-of-Way; and (c) used by CITY for any lawful purpose, which includes without limitation coordinating joint trenches and other similar projects among users of the Public Rights- of-Way. 2.4 ENCROACHER shall not install or erect any Network Facilities or apparatus in or on other public property, places or Public Rights-of-Way, or within any privately owned area within CITY which has not yet become a public street but is designated or delineated as a proposed public street on any tentative subdivision or parcel map approved by CITY without obtaining the prior written approval of the City Engineer and all other required permits and approvals consistent with applicable Laws. 2.5 ENCROACHER is not authorized to place any facilities, equipment or apparatus other than Network Facilities in the Public Rights-of-Way, without first obtaining all required written authorizations,permits and approvals(including any necessary franchises)from the CITY. 2.6 ENCROACHER shall comply with any lawful provision that the CITY may adopt in the future requiring it to obtain a franchise or other authorization, and may be required to do so as a condition of the continued effectiveness of this Agreement. CITY shall, subject to applicable Laws,be solely responsible for determining what written authorizations,approvals and/or permits are required. ENCROACHER agrees that once a written authorization, approval and/or permit is determined to be required,ENCROACHER shall first apply for same and pursue such application to a final decision before challenging the requirement. 2.7 This Agreement does not authorize ENCROACHER's use of any property other than the Public Rights-of-Way. Any use of any other CITY-owned or CITY-controlled real or personal property, including but not limited to poles and conduits, shall require a separate agreement. 2.8 No use of any Public Right-of-Way or other interest or property under this Agreement shall create or vest in ENCROACHER any ownership or other interest in the Public Right-of-Way, streets or any other property or interest of the CITY. This Agreement is not a grant {00053614;%1} -3-