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THIS AGREEMENT is entered into this day of , <br />1989 by and between the CITY OF PI~ASANTON ("City") and PACIFIC BELL <br />("Pacific") concerning certain underground telephone facilities <br />belonging to Pacific. <br /> <br /> RECITALS <br /> <br /> WHEREAS, City through its agents will soon be constructing <br />certain freeway interchange improvements ("improvements") in the <br />vicinity of Route 1-680 at Stoneridge Drive in Pleasanton, <br />California; and <br /> <br /> WHEREAS, Pacific has in that general location certain existing <br />underground telephone facilities ("facilities") which consist of a <br />duct system containing twelve 4-inch ducts; and <br /> <br /> WHEREAS, these facilities are currently stacked four high and <br />three across and contain both conventional cable and fiber optics <br />transmission lines; and <br /> <br /> WHEREAS, based on recent excavation performed by Pacific, the <br />top of the duct structure varies between 23 inches and 40 inches <br />from the existing ground; and <br /> <br /> WHEREAS, there are three manhole/vaults belonging to Pacific <br />within the area where the improvements will be made; and <br /> <br /> WHEREAS, protection of the facilities is important since any <br />damage to or destruction of the facilities could disrupt service to <br />customers of Pacific and users of the facilities resulting in <br />interruptions and loss of revenue and profits; and <br /> <br /> WHEREAS, the parties are desirous of having construction of the <br />improvements take place without damage to or destruction of the <br />facilities; <br /> <br /> NOW, THEREFORE, for the mutual promises expressed herein, the <br />parties agree as follows: <br /> <br /> 1. City shall provide Pacific a set of plans and <br />specifications for the improvements. <br /> <br /> 2. Pacific shall review said plans and specifications and <br />suggest to City any changes to the plans which, in Pacific's <br />opinion, would protect better its facilities. <br /> <br /> 3. Pacific shall relocate its facilities and all work related <br />thereto shall be performed substantially in accordance with Plan No. <br />PE 4106Q. Minor deviations from the above-described work may be <br />made and incidental work performed by Pacific when mutually <br />acceptable to both parties and upon approval by the City. <br /> <br /> 4. With respect to the work described in paragraph 3 above, <br />the issue as to the responsibility for the cost thereof shall be <br />submitted to the State of California Department of Transportation. <br />City and Pacific shall be bound by that determination. <br /> <br /> 1 <br /> <br /> <br />