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ENCROACHMENT AGREEMENT RE FIBER OPTIC SYSTEM <br />THIS ENCROACHMENT AGREEMENT is entered into this ~Y~-day of May, <br />1997, by and between the CITY OF PLEASANTON, a Municipal Corporation of the State of <br />California ("City"), and Metropolitan Fiber Systems of California, Inc., a corporation, organized <br />and existing under the laws of the State of Delaware ("Company") <br />RECITALS <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. DEFINITIONS. <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. <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 />Any installation or maintenance 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 />following: <br />a. Any reasonable costs, including but not limited to any attorney's fees, <br />incurred by City at any time which are associated with Company's compliance with <br />this 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 />Encroachment Agreement <br />