Agmt 2004 Pacific Bell Telephone Company

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~~.~,~ ; ~-c.' C~~j - ~ C4 I Agreement Bet«~een Pacific Beil Telephone Company and City of San Leandro Pertaining to Aerial to tinder-ground Con~•ersion Per Ordinance T},lis agreement (`'Agreement") is made and entered into as of the 1st day of iJovemb er 2C1Q~; bet~~een the City of San Leandro, a Municipal Corporation of the State of California ("Cite") and Pacific Bell Telephone Company. a California corporation; dba SBC California ("MC"}. RECITALS A. Cit}~ has passed an Ordinance dated April 7, 2003, that is identified as Resolution No. 2003-091 (the "Ordinance") requiring SBC and other utilities to replace their aerial facilities with underground facilities (the "Project") ir~/on/along insert East 14t" Street between the soutliem Cite limits (Bayfair Mall) and 150t`~ Avenue (hereinafter the "District"). B. SBC's obligations pertaining to replacing its aerial facilities with underground facilities are governed by Rule 32 of SBC's tariffs that are on file with the California Public Utilities Conunission ("CPUC") (Schedule Cal. P.U.C. No. A2.1.32.A) the "Tariff 'j. C. SBC is willing to construct the necessary trenching and place the underground supporting su-ucture, which shall include, but not be Limited to, trench, conduit, mai~ioles, sei-~~ice boxes, and related equipment (the "USS") requ>1-ed to replace the aerial facilities with underground facilities within the public right of wav in the District, subject to the terms and conditions of this Agreement. NOW, THEREFORE, in consideration of the mutual promises, covenants, representations and agreements herein contained, the parties hereto agree as follows: AGREEMENT Underground Supporting Structure on Private Property. Before SBC commences its work. City shall ensure that all property owners sereed by the aerial facilities to be replaced within the District hat-e agreed in writing, or have been required b}~ ordinance or other suitable legislation, to provide and maintain the underground supporting structure on their property, as provided in the Tariff. 2. License and Easements. City shall grant to SBC and the other utilities any and all permits, licenses, easements and access rights that are necessary to accomplish the Project and shall waive all fees associated therewith. SBC shall not relocate its aerial facilities until all required replacement rights have been obtained by it. WEST361753