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ENCROACHMENT AGREEMENT RE TELECOMMUNICATIONS SYSTEM <br />THIS ENCROACHMENT AGREEMENT is entered into this ~~~ day of ~' -~' <br />1997 by and between the CITY OF PLEASANTON, a Municipal Corporation of the Sta e of <br />California ("City"), and MCImetro ACCESS TRANSMISSION SERVICES, INC., a corporation <br />organized and existing under the laws of the State of Delaware ("Company"). <br />RECITALS <br />A. City owns the right of way ("Right of Way") along all City streets, alleys, <br />sidewalks, and other public places in the City of Pleasanton. <br />B. Company has submitted an Application for an Encroachment Permit, dated <br />199_, attached hereto as Exhibit "A" to construct and <br />maintain a telecommunications system ("the Project") in the Right of Way. <br />Applications submitted to secure permits for subsequent projects shall be attached <br />to this Agreement as consecutive exhibits B, C, D, and so forth. <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. DEFINITIONS. <br />"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 Pleasanton. <br />2. 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 />Subsequent installations shall be subject to additional Encroachment Permits granted under this <br />Agreement. Any installation or maintenance of the Project outside the Encroachment Permit's <br />approved boundaries is prohibited. <br />3. COMPANY'S RESPONSIBILITIES. Company shall be responsible for the <br />following: <br />a. Any costs, including but not limited to any reasonable attorney's fees, incurred by <br />City at any time which are associated with Company's compliance with this <br />Agreement shall be the sole responsibility of Company. Company shall pay any <br />MCImetro Encroachment Agreement <br />