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GST -Legal <br />r Y, _. , <br />OCT 15 f996 <br />TELECOMdI~NICATIONS ENCROACHb~NT PERMIT <br />THIS AGRES6~NT is entered into this ~~ day of October, <br />1996, between the CITY OF PLEASANTON, a Municipal Corporation of <br />the State of California ("CITY"), the COUNTY OF ALAMEDA, a <br />political subdivision of the State ("COUNTY"), and GST Telecom, <br />Inc., a Delaware corporation ("COMPANY"). <br />RECITALS <br />A. COUNTY has a transportation corridor within the City of <br /> <br />Pleasanton. This transportation corridor consists of the former 1 <br />~~ <br />Southern Pacific Railroad right of way which COUNTY purchased (1 <br />- <br /> <br />from the Railroad several.,. years ago. 1 <br />V.! <br />B. This transportation corridor intersects a number of <br />CITY streets including Junipero Drive, Bernal Avenue, Abbie <br />Street, Angela Street, Neal Street, Spring Street, Ray Street, <br />Busch Road, Mohr Avenue, Santa Rita Road, Stoneridge Drive, W. <br />Las Positas Boulevard, Hacienda Drive and Owens Drive. <br />C. Within the City of Pleasanton, COUNTY has granted to <br />COMPANY a license to construct, install and maintain a fiber <br />optic telecommunications system (the Project) within this <br />transportation corridor as well as along 4500 feet on Stanley <br />Boulevard. <br />D. To the extent the Project intersects the various City <br />streets set forth in Recital B and to the extent the Project <br />necessitates the use of Stanley Boulevard, the City requires an <br />encroachment permit. <br />E. COMPANY has applied to the City for an Encroachment <br />Permit (the Encroachment Permit) to install the Project within <br />