Reso 1996-131 to 135 - Laserfiche WebLink

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CUSTOMER -OWNED STREETLIGHTS POLE ATTACHMENT AGREEMENT This Pole Attachment Agreement ("Agreement") is entered into as of the 19th day of August 1996, by and between Pacific Gas and Electric Company, a California corporation, including any of its successors, ("PG&E") and the City of San Leandro, which shall include any subsequent modification of that public agency by annexation or other municipal reorganization (hereinafter, the "Permittee") (together, the "Parties"), in consideration of the mutual promises and agreements set forth herein, the Parties hereby agree as follows: Rm%_MVTX_49"J �,I a a um 1.1 SCOPE OF PERMIT. PG&E hereby gives Permittee permission, on the terms and conditions stated herein, to maintain existing luminaires, lamps, photocells, support arms and service wiring facilities connected therewith (hereinafter sometimes collectively referred to as "Pole Attachments") on poles and anchors solely -owned or jointly -owned by PG&E on the poles and or streetlights listed in the inventory in Exhibit A hereto (the "PG&E Poles") located on distribution rights of way ("PG&E Right of Way") owned or otherwise held and maintained by PG&E as further described in Exhibit B. The term "Pole Attachment" shall mean a single contact on a pole to accommodate a single streetlight. Additional contacts required for a second streetlight will be considered a second attachment. The installation of power supplies or amplifiers, either on PG&E Poles or streetlights, shall also be considered additional attachments and are not within the scope of this Agreement. In the event that any Pole Attachment includes unmetered equipment, Permittee shall notify PG&E in writing prior to using the Pole Attachment in order to arrange for electric service and appropriate billing. 1.2 PG&E DISCLAIMER. Permittee expressly acknowledges that PG&E does not represent and warrant that the PG&E Right of Way, whether by easement, franchise, or other form of permission, is broad enough to permit Permittee's Pole Attachments on PG&E Poles or for the exercise by Permittee of any other rights set forth in this Agreement. It shall be the sole responsibility and obligation of Permittee to secure any such further rights or permission for the placement and use of the Permittee's Pole Attachments on the PG&E Poles and PG&E Right of Way as may be necessary as set forth in Section 4.1(b) of this Agreement. The license to Permittee hereunder does not include a conveyance of any interest in real property or the PG&E Poles and Permittee agrees to never claim such interest. The license shall be revocable at will by PG&E as set forth in Section 11.2. 1.3 PERSONAL NATURE. The license to Permittee hereunder is personal to the Permittee and shall not be assigned in whole or in part whether voluntary, involuntary, or by operation of law without the prior written consent of PG&E, which may be withheld in