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ENCROACHMENT AGREEMENT <br />BETWEEN THE CITY OF SAN LEANDRO <br />AND MCImetro ACCESS TRANSMISSION SERVICES LLC <br />FOR THE INSTALLATION OF FACILITIES <br />WITHIN PUBLIC RIGHT-OF-WAY <br />This Agreement ("Agreement") is dated for identifiication purposes only this '~?~t~1 <br />day of ~G~l~f'.r" , 2009, by and between the CITY OF SAN LEANDRO (herein termed <br />``City") and MChneh-o Access Transmission Services LLC (herein termed "MCI"). <br />RECITALS <br />WHEREAS, MCI, is a limited liability company duly organized and existing under the <br />laws of the State of Delaware and authorized by the Public Utilities Commission of the State of <br />California (herein termed "PUC") or the Federal Communications Commission, or both, under <br />Certificates of Public Convenience and Necessity to provide intraLATA facilities based local <br />exchange service and intraLATA service within California; and <br />WHEREAS, MCI is a competitive local carrier (telephone corporation) organized under <br />Delaware law, and qualified to do business in California, and a regulated utility as defined under <br />Public Utilities Code Section 234; and <br />WHEREAS, MCI desires to construct, install and maintain Fiber Optic Network <br />Facilities within the Public Right-of--Way and/or public utility and/or service easements within <br />City; and <br />WHEREAS, subject to Public Utilities Code Section 7901, the City may regulate the <br />certain terms and conditions for the use of Public Right-of--Way for the construction, installation <br />and maintenance of the Fiber Optic Network Facilities to the extent it is necessary to ensure that <br />the telephone corporation's facilities will not incommode the road or highway; <br />NOW, THEREFORE, in consideration of the recitals and the mutual promises contained <br />herein, City and MCI agree as follows: <br />DEFINITIONS <br />City -Means the City of San Leandro, a municipal corporation of the State of California, <br />and includes the duly elected and appointed officers, agents, employees, and volunteers of the <br />City of San Leandro, individually or collectively. <br />Contractor -Shall mean MCImetro Access Transmission Services LLC, and its lawful <br />successors or assigns. <br />Fiber Optic Network Facilities or "Facilities" -Means fiber optic cables, conduits, <br />converters, splice boxes, cabinets, hndholes, manholes, vaults, equipment, drains, surface <br />Encroachment Agreement Page 1 of 12 <br />Rev: 11/30/94, 11/13/95 <br />