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to MCI under this Agreement shall be subject to prior review, obtaining all required permits, and
<br />approval of the Engineering and Transportation Department Director.
<br />2. Except as permitted by applicable Laws or this Agreement, in the performance
<br />and exercise of its rights and obligations under this Agreement, MCI shall not interfere in any
<br />manner with the existence and operation of any and all public and private rights-of--way, sanitary
<br />sewers, water mains, storm drains, gas mains, poles, overhead and underground electric and
<br />telephone wires, electroliers, cable television, and other telecormnunications, utility, and
<br />municipal property without the express written approval of the owner(s) of the affected property
<br />or properties. This express written approval of the owner(s) of the affected property or
<br />properties shall indicate that they are aware of MCI's desire to construct, install and maintain
<br />Fiber Optic Network Facilities within the Public Right-of--Way and/or public utility and/or
<br />service easements within the City; and said owner(s) of the affected property or properties shall
<br />indicate that they have no reservations regarding the actions of MCI. These express written
<br />approvals must be received by the Engineering and Transportation Department Director prior to
<br />the commencement of activities by MCI to construct, install, operate and maintain Fiber Optic
<br />Network Facilities. MCI shall be responsible for coordinating its installation activities with all
<br />said owner(s) of the affected property or properties. MCI shall also be responsible for the repair
<br />and restoration of any damage caused by MCI to facilities belonging to the City or the owner(s)
<br />of the affected property or properties.
<br />3. Both the City and MCI shall comply with all applicable Laws in the exercise and
<br />performance of their rights and obligations under this Agreement. If required by applicable
<br />Laws, MCI shall obtain the approval of the Facilities' design by any City board or commission,
<br />and secure an assessment of the impact that the Facilities may have upon the environment. Each
<br />party preserves all of its rights under all Laws.
<br />4. This Agreement is not a grant by City of any property interest, but is made subject
<br />and subordinate to the prior and continuing right of City and its assigns to use all the Public
<br />Right-of--Way in the performance of its duty, including, but not limited to, public use as a street
<br />and for the purpose of laying, installing, maintaining, repairing, protecting, replacing and
<br />removing sanitary sewers, water mains, storm drains, gas mains, poles, overhead and
<br />underground electric and telephone wires, electroliers, cable television and other utility and
<br />municipal uses together with appurtenances thereof and with right of ingress and egress, along,
<br />over, across and in said Public Right-of--Way.
<br />5. This Agreement is made subject to all easements, restrictions, conditions,
<br />covenants, encumbrances and claims of title that may affect the Public Right-of--Way, and it is
<br />understood that MCI at its own cost and expense, shall obtain such permission as may be
<br />necessary and consistent with any other existing rights.
<br />6. The construction, installation, operation, maintenance and removal of said Fiber
<br />Optic Network Facilities shall be accomplished without cost or expense to City, subject to the
<br />approval of the Engineering and Transportation Department Director, and in such a manner as
<br />not to endanger persons or property, or unreasonably obstruct travel on any road, sidewalk,
<br />walkway, or other access thereon within said Public Right-of--Way.
<br />Encroachment Agreement Page 3 of 12
<br />Rev: 11/30/94, 11/13/95
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