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MASTER ENCROACHMENT AGREEMENT <br /> BETWEEN THE CITY OF PLEASANTON AND <br /> MCIMETRO ACCESS TRANSMISSION SERVICES CORP. <br /> d/b/a VERIZON ACCESS TRANSMISSION SERVICES <br /> RELATED TO THE INSTALLATION OF NETWORK FACILITIES <br /> WITHIN PUBLIC RIGHT-OF-WAY <br /> This Agreement ("Agreement") dated as of Mu rail 13, 2020 ("Effective Date") is entered into <br /> by and between the CITY OF PLEASANTON, a California municipal corporation (herein <br /> termed"CITY") and MCIMETRO ACCESS TRANSMISSION SERVICES CORP. d/b/a <br /> VERIZON ACCESS TRANSMISSION SERVICES, a Delaware corporation(herein termed <br /> "ENCROACHER"). <br /> RECITALS <br /> WHEREAS, ENCROACHER warrants and represents to CITY that ENCROACHER is <br /> authorized to provide Telecommunications Services (as defined herein) in the state of California <br /> pursuant to a Certificate of Public Convenience and Necessity ("CPCN") issued by the Public <br /> Utilities Commission of the State of California ("CPUC") and, as a telephone corporation, may <br /> use public roads and highways to the extent authorized by Public Utilities Code Section 7901 and <br /> consistent with CITY's right to exercise reasonable control as to the time, place and manner in <br /> which the public roads and highways are accessed pursuant to Public Utilities Code Section <br /> 7901.1; and, <br /> WHEREAS, CITY owns, operates and maintains the Public Right-of-Way (as defined <br /> herein)within CITY; and, <br /> WHEREAS, ENCROACHER desires to construct Network Facilities (as defined herein) <br /> within the Public Right-of-Way within CITY to provide Telecommunications Services; and <br /> WHEREAS, CITY has the authority to regulate the terms and conditions for the use of <br /> Public Right-of-Way for the construction, installation and maintenance of Network Facilities by <br /> ENCROACHER. <br /> NOW, THEREFORE, in consideration of the recitals and the mutual promises contained <br /> herein, CITY AND ENCROACHER agree as follows: <br /> SECTION 1 <br /> DEFINITIONS <br /> 1.1 City Engineer — Means the City Engineer of the City of Pleasanton, or the City <br /> Engineer's designee. <br /> 1.2 Laws - Means all present and future statutes, ordinances, codes, orders, policies, <br /> regulations and implementing requirements and restrictions by federal, state, county and/or <br /> municipal authorities, adopted or as amended in compliance with and consistent with applicable <br /> federal and state statutes. <br /> {00053614;%1} <br />