City of Culver City, California
City Council Agenda Item Report
RECOMMENDATION:
That the City Council adopt a Resolution approving the Encroachment Permit
Agreement with AboveNet Communications, Inc. (“AboveNet”), authorize the
Public Works Director to sign the Agreement on behalf of the City of Culver City,
and authorize staff to enter into an agreement with AboveNet to install conduit for
fiber optic communications for the new Fire Station #3 site.
BACKGROUND:
In 2000, in anticipation of increased demands for the installation of
telecommunications facilities in the public rights-of-way, the City adopted an ordinance
(Culver City Municipal Code, Ch. 11.20, “Telecommunications Regulatory
Requirements”) providing for City Council approval of any related encroachment
permits. Telecommunications carriers, such as AboveNet, are subject to regulation by
the California Public Utilities Commission and the Federal Communications
Commission. The related federal and state laws require that cities allow the
installation of the type of telecommunication facility proposed by AboveNet but allow
cities to impose reasonable time, place and manner regulations and to receive
compensation for encroachments into their rights-of-way.
Meeting Date: 01/22/07 Item Number: A-5
AGENDA ITEM: Consideration of Adoption of a Resolution Approving an
Encroachment Permit Agreement With AboveNet Communications, Inc. for Use of
the Public Rights-of-Way on Portions of Centinela Avenue, Bristol Parkway, and
Slauson Avenue and Including an Authorization to Enter Into an Agreement with
AboveNet Communications, Inc. to Install Conduit for Fiber Optic Communications
For the New Fire Station #3 Site.
Contact Person/Dept.: Andy O’Connell/PW Dept
Roland Miranda/City Attorney’s Ofc.
Phone Number: 310.253.5606
310.253.5600
Fiscal Impact: Yes [X] No [] General Fund: Yes [] No [X]
Public Hearing: [] Action Item: [X] Attachments: [X]
Public Notification:
Master Notification List via email on January 18, 2007
Vic Peterson, Director of Operations, AboveNet Communications, Inc. by phone on
January 17, 2007
Department Approval:
Charles Herbertson (01/17/2007)
City Attorney Approval:
Carol Schwab (01/17/2007)
City Controller Approval:
Marlee Chang (01/18/07)
City Manager Approval:
Jerry B. Fulwood (01/18/07) City of Culver City, California
City Council Agenda Item Report
On May 29, 2001, the City Council approved Encroachment Permit Agreements with
Metromedia Fiber Network Services, Inc., Qwest Communications Corporation, and
Level 3 Communications, LLC for the installation of a “pass through”
telecommunication system. Since the approval of this permit, Metromedia Fiber
Network Services has reorganized and is now known as AboveNet Communications,
Inc. The original agreement allowed for the installation of approximately 2,000 linear
feet of six duct bundles, of four conduits each, within Inglewood Boulevard and
Centinela Avenue. For the most part, these conduits were installed by open trench.
This work was successfully completed. The work currently being proposed in
AboveNet’s application will provide a secure high-bandwidth fiber optic transmission
service to their customer located at 6025 Slauson Avenue.
DISCUSSION:
The work being proposed by AboveNet is to install four 1 ¼" conduits, with fiber optic,
beginning at an existing AT&T manhole located on Centinela Avenue, approximately
100 feet west of Bristol Parkway. The alignment continues northerly on Bristol
Parkway, 2 to 3 feet from the westerly curb, then to Slauson Avenue, 2 to 3 feet from
the northerly curb, and then westerly on Slauson Avenue to the project’s terminus at
6025 Slauson Avenue. This alignment covers approximately 4,976 linear feet. Along
with the conduits, there will be six 4’x4’x4’ shallow manholes that will be constructed
within the sidewalk area along this route. Since the installation will be close to the
curb line it is expected that there will be little interference with existing utilities.
Therefore, most of this work is being planned as directional boring.
Since the proposed conduit installation will pass by the future site of Fire Station #3,
staff has proposed that AboveNet install an extra conduit, for the purpose of providing
a future connection to Fire Station # 3. AboveNet has agreed to install the extra
conduit in return for a waiver of the customary encroachment permit fees. The fees
that will be waived will be the costs of preparing the Encroachment Permit Agreement
and construction permit, as well as the encroachment fees due for the first 3 years of
this Agreement.
Staff has worked with AboveNet to draft an Encroachment Agreement that complies
with Ch. 11.20 of the Municipal Code and provides for cost recovery. The agreement
contains provisions that: 1) AboveNet will pay an annual $12,440 encroachment fee to
the City: 2) AboveNet will install a 3” conduit and five pull boxes to facilitate the
telecommunications link to new Fire Station #3; 3) AboveNet will repair any damage it
causes in constructing this project; 4) AboveNet assumes responsibility for all
damages it may cause in operating their telecommunications facility; 5) AboveNet will
maintain $5,000,000 in coverage for automobile and general liability purposes; 6) City of Culver City, California
City Council Agenda Item Report
AboveNet will indemnify and defend the City if the City is sued for any problems
caused by AboveNet; and, 7) AboveNet’s contractor will file a performance and
completion bond prior to commencing construction on this project.
FISCAL ANALYSIS:
AboveNet’s proposed project consists of installing 4,976 linear feet of conduit and six
4’x4’x4’ shallow manholes between Centinela Avenue and the terminus at 6025
Slauson Avenue. Based on the agreed upon yearly encroachment fee rate of $2.50
per linear foot, the City will be entitled to a yearly encroachment fee of $12,440 for this
project.
To assist the City in providing a future connection to Fire Station # 3, AboveNet has
agreed to simultaneously install 1,340 linear feet of 3” conduit and five pull boxes
between the Fire Station #3 site, at 6030 Bristol Parkway, and AboveNet’s project
terminus at 6025 Slauson Avenue. Assuming a construction cost of $35.00 per linear
foot of conduit and $600 per pull box, this work will cost AboveNet $49,900.
Per Chapter 9.08 of the Municipal Code and the City’s adopted Rights-of-Way
Management Plan, the City may recoup all costs associated with the issuance of all
permits and agreements for the installation of telecommunications systems within the
City’s rights-of-way. The costs to the City of processing this Encroachment Permit
Agreement (consisting of the time spent by the City Attorney’s Office and the Public
Works Department on processing this Agreement) is estimated to be $17,400.
Therefore, the net amount owed by the City to AboveNet for installation of the City’s
conduit will be $32,500 (the difference between AboveNet’s $49,900 cost to construct
the fiber optics conduit for Fire Station #3 and the City’s permitting costs of $17,400).
During the first three years of this Agreement, AboveNet will owe the City $37,320
($12,440/year x 3 years) in encroachment fees. AboveNet has proposed, and City
staff is recommending (recognizing that the these costs are lower than if the City were
to contract on its own for installation of this fiber optics conduit for Fire Station #3),
that the City agree to waive the encroachment fees due it during the first three years
of this Agreement in lieu of the $32,500 which the City will otherwise owe to AboveNet
for the installation of the connection to Fire Station #3. Since there would be no cash
payments to AboveNet under this proposal, this would be a favorable agreement for
the City to consider.
Installation of this reach of fiber optic conduit to the proposed Fire Station #3 site
would account for more than half of the required conduit needed to provide the
necessary communication link to Fire Station #3. The final conduit connection would
be at the intersection of Hannum Avenue and Playa Avenue. City of Culver City, California
City Council Agenda Item Report
ATTACHMENTS:
Encroachment Permit Agreement
Resolution
Vicinity Map
MOTIONS:
1. That the City Council adopt the Resolution approving the Encroachment Permit
Agreement with AboveNet Communications, Inc. (and including an agreement for
installation of conduit to Fire Station #3) and authorize the Public Works Director to
sign the Agreement on behalf of the City of Culver City.
MEETING DATE: 01/22/07
AGENDA ITEM:
Consideration of Adoption of a Resolution Approving an
Encroachment Permit Agreement With AboveNet
Communications, Inc. for Use of the Public Rights-of-
Way on Portions of Centinela Avenue, Bristol Parkway,
and Slauson Avenue and Including an Authorization to
Enter Into an Agreement with AboveNet
Communications, Inc. to Install Conduit for Fiber Optic
Communications For the New Fire Station #3 Site.
ATTACHMENTS
Pages|109| Encroachment Permit Agreement 1 - 9|109| Resolution 10 - 11|109| Vicinity Map 12ENCROACHMENT PERMIT AGREEMENT
PARTIES: THE CITY OF CULVER CITY, a municipal corporation
9770 Culver Boulevard
Culver City, California 90232
Attn: City Attorney
("City")
ABOVENET COMMUNICATIONS, INC.
360 Hamilton Avenue
White Plains, New York 10601
Attn: General Counsel
("AboveNet")
RECITALS:
A. WHEREAS, AboveNet desires to install, maintain and operate conduit, fiber
optic cables, and appurtances ("System") within portions of the City's rights-
of-way, as shown in Exhibit A, for the purpose of providing
telecommunications services;
B. WHEREAS, this System will encroach under and across the public rights-of-
way and may require trenching and/or boring within said public rights-of-way;
C. WHEREAS, this System is covered by a Mitigated Negative Declaration
pursuant to the California Environmental Quality Act;
D. WHEREAS, AboveNet desires to secure the permission of the City to install,
operate and maintain this System;
E. WHEREAS, AboveNet is willing to construct one additional three-inch conduit
and five (5) pull boxes, for the City's use and benefit ("City System"), at the
same time that it constructs its System; and,
F. WHERAS, AboveNet is willing to construct and transfer the City System to
the City in lieu of payment of permitting costs.
NOW THEREFORE, in consideration of the mutual promises and agreements
hereinafter contained, the parties hereto agree as follows:
1. The City hereby gives AboveNet permission to encroach under and along
its public rights-of-way for the purpose of the installation, maintenance and operation ofEncroachment Agreement
Culver City and AboveNet
Page 2 of 8
the System, as more specifically described in Exhibit A. The System shall conform to
the renderings in Exhibit A.
2. AboveNet agrees that as compensation to the City for the time spent by
its staff members in the processing of this encroachment permit and in lieu of the
annual fee which would otherwise be due to the City for 2007, 2008 and 2009,
AboveNet will install, at its cost, the City System consisting of one three-inch conduit
and five (5) pull boxes required to connect the City's Fire Station # 3 (to be built at 6030
Bristol Parkway) to the System's terminus at 6025 Slauson Avenue. The parties hereby
stipulate that the length of this extra conduit is approximately 1,340 feet. The parties
agree that the provisions of Proposition 218, and its relating implementation legislation,
are not applicable to the establishment or adjustment of any of these costs.
3. Upon the completion of the construction of the System and the City
System, the parties shall execute documents to effectuate the transfer of title of the City
System from AboveNet to the City. After such transfer of title, the City shall be
responsible for all locating, maintenance, relocation and/or repair of the City System.
4. Effective March 15, 2010, and each March 15 th thereafter, AboveNet
agrees to pay the City an annual fee of $12,440.00 as fair and reasonable
compensation for AboveNet's use of the City's public rights-of-way. This fee may be
changed by the City provided, however, that the City gives AboveNet 30 days' written
notice of its obligation to pay any non-discriminatory increased fee. The parties agree
that the provisions of Proposition 218, and its relating implementation legislation, are
not applicable to the establishment or adjustment of this fee.
5. AboveNet has represented to the City that AboveNet has obtained a
Certificate of Public Convenience and Necessity ("CPCN") for the provision of inter
and intraLATA telephone services throughout California. AboveNet has represented
that any construction activities it undertakes in the City's public rights-of-way shall be
authorized by its CPCN. AboveNet has further represented that the System will be
used solely for the purposes authorized in its CPCN. Finally, AboveNet has
represented that it constitutes a "Telephone Corporation" within the meaning of the
Public Utilities Code, that the System constitutes the construction and operation of
"telephone lines" within the meaning of the Public Utilities Code and that the System will
result in the carriage of telephone service.
The rights granted by this agreement are granted based upon these
representations by AboveNet. If AboveNet uses the System for purposes other than
the provision of telephone service or if the System is found not to be sanctioned by the
CPCN, or if it is ultimately determined that the City is not precluded by Public Utilities
Code Section 7901 or otherwise from imposing reasonable requirements upon this
System other than those specified in this agreement and related permits, including,
without limitation, additional compensation requirements, the City reserves the right to
charge AboveNet non-discriminatory full and reasonable compensation consistent with
7Encroachment Agreement
Culver City and AboveNet
Page 3 of 8
applicable law for the use of the City's rights-of-way. By entering into this agreement,
neither the City nor AboveNet waives any rights reserved to either pursuant to Public
Utilities Code Sections 7901 and 7901.1 or otherwise. In addition, neither party waives
any rights reserved under the Telecommunications Act of 1996 including, but not limited
to, those rights set forth in Section 253(c) of that act, reserving to municipalities the right
to manage their public rights-of-way and to require fair and reasonable compensation
from telecommunication providers for use of public rights-of-way.
6. All work and entry upon, over, under, or along the public rights-of-way
relating to the System or the City System shall be done under the supervision of
AboveNet in a good and skillful manner and shall comply with all reasonable standards
imposed by the City including, but not limited to, those standards contained in the City's
Rights-of-Way Management Plan & Standards (Culver City Municipal Code Section
9.08.307). To this end, an AboveNet representative shall be physically present at any
construction site at all times that construction or excavation is being conducted
pursuant to this agreement. Any excavations in connection with the System or the City
System shall be monitored by AboveNet for any lateral movement.
7. Any and all damage to any City property resulting from the installation,
maintenance, and operation of the System by AboveNet or the installation of the City
System shall be repaired by AboveNet at no expense to the City and to the satisfaction
of the City.
8. The permission granted hereunder shall not in any event constitute an
easement on or an encumbrance against the public rights-of-way. No right, title or
interest in the public rights-of-way, or any part thereof, shall vest or accrue in AboveNet
or any other entity or person by reason of this agreement, the issuance of an
encroachment permit or the exercise of the privileges given thereby.
9. The City may terminate this agreement in order to protect the public
health, welfare, and/or safety at any time by providing one hundred eighty (180) days'
written notice of said termination to AboveNet. When said termination occurs,
AboveNet shall have no further right to utilize the System in any manner and AboveNet
shall remove the System at its own expense and shall repair and restore all City
property and all public rights-of-way which were affected by the placement,
maintenance, and removal of the System to a condition satisfactory to the City.
Whenever AboveNet incurs an obligation to remove the System pursuant to this
paragraph, AboveNet shall comply with its obligation to remove the System within
ninety (90) days of the effective termination date of this agreement.
10. Subject to the provisions of Paras. 12 and 20, below, AboveNet shall
assume all responsibility for all damages to property (including the System) or injuries
to persons (including accidental death) which may arise from or be caused by
AboveNet's performance under this agreement or by the performance of any otherEncroachment Agreement
Culver City and AboveNet
Page 4 of 8
party which AboveNet directly or indirectly employs to perform under this agreement.
The obligations of this paragraph apply regardless of whether such damage or injury
accrues or is discovered before or after termination of this agreement.
11. During the life of this agreement, AboveNet shall pay for and maintain a
commercial general liability policy (including contractual liability), an automobile liability
policy and workers' compensation insurance. The commercial general liability policy
shall be maintained in an amount not less than five million dollars ($5,000,000) per
occurrence for personal injuries (including accidental death) to any one person, in an
amount not less than five million dollars ($5,000,000) per occurrence for property
damage and shall contain a combined single limit in an amount not less than five million
dollars ($5,000,000). The automobile liability policy shall be endorsed for all owned and
non-owned vehicles, contain a combined single limit of at least five million dollars
($5,000,000) per occurrence for personal injuries (including accidental death) to any
one person and shall also cover property damage. The limits required of this paragraph
may be satisfied with umbrella coverage. The worker's compensation insurance shall
be in the statutorily required amount.
The commercial general liability policy shall contain or be endorsed to
include: (i) a provision that the City of Culver City, its elected and appointed officials,
officers, agents, employees and representatives are named as additional insured under
this policy; (ii) a provision that this policy is primary to the coverage of the City of Culver
City; (iii) a provision that neither the City of Culver City nor any of its insurers shall be
required to contribute to any loss; (iv) a severability of interest clause; and (v) a
provision that the issuing insurance company shall mail thirty (30) days' advance notice
to the insured who shall be required to provide the City of Culver City (30) days
advance notice of any policy cancellation, termination or reduction in the amount of
coverage.
AboveNet shall furnish documentary proof of having complied with all of
the requirements of this paragraph before the City issues any related permits and
before AboveNet commences any construction or excavation pursuant to this
agreement_ After completion of installation of the System, AboveNet shall furnish the
City with documentary proof of being in continuing compliance with the requirements of
this paragraph every two years.
12_ AboveNet agrees to and shall defend, indemnify and hold the City, its
elected and appointed officials, officers, agents, employees and representatives
harmless from all suits and causes of action, claims, charges, damages, demands,
judgments, civil fines, and penalties or losses of any kind or nature whatsoever for all
claims of any kind arising directly or indirectly from this agreement; provided that
AboveNet's obligations to indemnify and hold harmless are only to the extent of
AboveNet's negligent, intentional or willful acts or omissions. This indemnity and
obligation to hold harmless shall apply regardless of whether or not the City prepared,
supplied, or approved plans or specifications or inspected any of the work or
improvements installed or constructed pursuant to this agreement.Encroachment Agreement
Culver City and AboveNet
Page 5 of 8
13. Prior to starting any construction or excavation on this System or on the
City System, AboveNet shall cause to be filed by its contractor with the City a
performance and completion bond in the amount of one million dollars ($1,000,000.00),
in a form approved by the City's City Attorney, to ensure satisfactory completion of the
System. The City shall release the performance and completion bond after the City's
inspection and final acceptance of the construction or excavation pursuant to the terms
of any permit(s) issued by the City.
14. Upon the issuance of all required permits to install the System and the
City System, AboveNet shall work diligently and continuously to complete the required
construction and restoration. AboveNet shall be in default of this provision and the
facilities will be deemed abandoned if AboveNet fails to work on this project for a
contiguous two week period.
15. Any excavation, installation, repair or maintenance requiring excavation in
the public rights-of-way for the System shall be done under a permit issued by the
Public Works Department. Such work shall be at the sole cost and expense of
AboveNet and shall substantially conform and be limited to the System as described in
Exhibit A.
16. If a legal action or proceeding is brought by a party because of default
under this agreement, or to enforce a provision of this agreement, the prevailing party
shall be entitled, in addition to any other relief, to recover reasonable attorneys' fees
and court costs from the other party as determined by the court in which said action or
proceeding is pending.
17. In the event AboveNet fails to perform any of its obligations under this
agreement within a reasonable period after delivery of written notice of such failure and
the City performs any work including, but not limited to, removing the System at the
termination of this agreement, and/or repairing or maintaining the System, the City shall
only be obligated to perform such work in a manner consistent with the standard
practices of the City in performing street work and construction. The City shall not be
obligated to repair or replace any materials or improvements in a form or manner
consistent with Exhibit A or any other plans and specifications and the City shall not be
responsible for any damages to AboveNet or any other company or person as a result
of the City performing such work including, but not limited to, severance damages.
AboveNet shall reimburse the City its full costs, including allocated overhead, of any
work performed by City pursuant to this paragraph.
18. If AboveNet fails to maintain the System for a continuous period in
excess of one-hundred and eighty (180) days, the City shall be entitled to serve written
notice on AboveNet that it deems the System to be abandoned and that the agreement
will be terminated within sixty (60) days pending a response from AboveNet indicatingEncroachment Agreement
Culver City and AboveNet
Page 6 of 8
that it is maintaining the System at which point the City shall withdraw its notice. Upon
termination of this agreement pursuant to this paragraph, AboveNet shall remove, at its
own expense, the System or any portion thereof, and return the public property to a
condition satisfactory to the City or, if AboveNet so elects, abandon the System to the
ownership of the City without payment of any compensation. For the purposes of this
paragraph, however, any portion of the System reserved by AboveNet for future use
shall not be considered abandoned or unused and this agreement shall not thereby be
deemed to have terminated pursuant to the provisions of this paragraph.
19 Consistent with California law, AboveNet shall remove or relocate, without
cost or expense to the City, the System and/or any portion thereof, if and when made
necessary by a public works project, including but not limited to, the installation,
abandonment, change of grade, alignment or width of any street, sidewalk or other
public facility, including the construction, maintenance, or operation of any other
underground or aboveground facilities (which may include, for purposes of illustration
but not limitation, sewers, storm drains, conduits, gas, water, electric or other utility
systems, or pipes owned by the City or another public agency). In the event all or any
portion of the public rights-of-way occupied by the System is needed by the City or
another public agency, is considered detrimental to the public health, safety, welfare, or
convenience, is considered detrimental to governmental activities, interferes with City
construction projects or conflicts vertically and/or horizontally with any proposed City
installation, AboveNet shall remove and relocate, without cost or expense to the City,
such portion of the System to such other location or locations as may be designated by
the City or other involved public agency. Should the public works project provide for the
reimbursement of utility relocation costs, the City shall reimburse AboveNet for its
relocation costs. The City is solely responsible for the relocations costs associated with
the City System. Said removal or relocation shall be completed within ninety (90) days
of notification by the City or other public agency unless exigencies dictate a shorter
period for removal or relocation. In the event the designated portion of the System
whose removal or relocation is deemed necessary is not removed or relocated within
said period of time, the City may cause the same to be done at the sole expense of
AboveNet. Further, in the event of an emergency, the City may remove or relocate the
System or any portion thereof without prior notice to AboveNet, provided that AboveNet
is notified within a reasonable period thereafter.
20. AboveNet agrees to defend, indemnify and hold harmless and hereby
releases the City, its elected and appointed officials, officers, agents, employees and
representatives from the following damages or claims for damages: (1) any damage or
claims for damage to the System caused by any excavation or work performed by the
City; (2) any indirect, special, punitive or consequential damages (including, but not
limited to, any claim for loss of service to AboveNet or any other person) arising from
any damage to the System; and, (3) any damage or claims for damages resulting from
damage to the System caused by third persons; except to the extent that the damage
or claim arises out of the City's willful misconduct or gross negligence.Encroachment Agreement
Culver City and AboveNet
Page 7 of 8
21. Where AboveNet is required to provide legal services to the City under
any provision of this agreement, and chooses to utilize joint counsel, the parties shall
make a good faith effort to cooperate and agree upon litigation strategy and
implementation thereof. In the event the City determines that AboveNet's litigation
strategy and implementation decisions are unreasonable, or not in the City's best
interest, or that separate counsel is necessary for the representation of the City, the
City may obtain separate legal counsel, chosen by the City, at AboveNet's cost and
expense. The City shall submit to AboveNet on a regular basis statements for
attorney's fees which shall be paid to the City within sixty (60) days of AboveNet's
receipt of said statements.
22. AboveNet acknowledges that it is presently a member of "Underground
Service Alert of Southern California" and agrees to maintain and keep current its
membership in said organization throughout the term of this agreement.
23. All notices required or provided for under this agreement shall be in
writing, delivered in person or by certified mail, return receipt requested, addressed to
the parties as indicated above on the first page of this agreement. Any notice so
delivered shall be effective upon the date of personal delivery or, in the case of mailing,
three (3) days after the date of mailing. Any party may change its address for notice by
giving ten (10) days notice of such change in the manner provided for in this paragraph.
24. AboveNet may not sell, assign, transfer or lease any interest in the
System, or in this agreement without the prior written consent of the City, which consent
shall not be unreasonably withheld.
25. A waiver by the City of any breach of any term, covenant, or condition
contained in this Agreement shall not be deemed to be a waiver of any subsequent
breach of the same or any other term, covenant, or condition contained in this
agreement whether of the same or different character.
26. The mutual obligations of this agreement are subject to force majeure
which shall be defined as: any act of God, natural disaster, act of war, terrorist attack,
or other cause or occurrence that prevents either party from performing its obligations
hereunder that is beyond the party's reasonable control.
27. The parties agree that no possessory interest is created by this
agreement. However, to the extent that a possessory interest is deemed created,
AboveNet acknowledges that notice is and was hereby given to AboveNet pursuant to
California Revenue and Taxation Code Section 107.6 that use or occupancy of any
public property pursuant to the authorization herein set forth may create a possessory
interest which may be subject to the payment of property taxes levied upon such
interest. AboveNet shall be solely liable for, and shall pay and discharge prior to
delinquency, any and all possessory interest taxes or other taxes levied againstEncroachment Agreement
Culver City and AboveNet
Page 8 of 8
AboveNet's right to possession, occupancy, or use of any public property pursuant to
any right of possession, occupancy, or use created by this agreement.
28. AboveNet and the City shall comply with all applicable federal, state and
local laws, rules and regulations.
29. If any part of this agreement is held invalid, the remaining terms and
conditions shall not be affected unless their enforcement under the circumstances
would be unreasonable, inequitable, or otherwise frustrate the purposes of this
agreement.
30. This agreement, including the exhibits attached hereto, constitutes the
entire agreement between the parties and supersedes any previous oral or written
agreements with respect to the subject of this agreement.
"City" "AboveNet"
CITY OF CULVER CITY, ABOVENET COMMUNICATIONS, INC.
a Municipal Corporation
By:
By: Charles Herbertson
Name (Print): Public Works Director
Title:
Date:
Date:
Approved as to Form and Legal Content
Carol A. Schwab, City Attorney
By:
Roland Miranda, Deputy City Attorney
Date:• irmut Food
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EXHIBIT A
(to Encroachment Agreement
Culver City & AboveNet
Dated January, 2007)1|10101010101010 10
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RESOLUTION NO. 2007-R
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CULVER CITY, CALIFORNIA, APPROVING AN
ENCROACHMENT PERMIT AGREEMENT FOR
ABOVENET COMMUNICATIONS, INC.
WHEREAS, AboveNet Communications, Inc. ("AboveNet") has applied for a
permit to encroach upon Culver City's public rights-of-way in order to install fiber optic
cables, as described in the application it submitted on November 27, 2006 and in the
related Encroachment Permit Agreement;
WHEREAS, AboveNet is a telecommunications company duly authorized to
provide telecommunication services by the California Public Utilities Commission;
WHEREAS, the City of Culver City is authorized to regulate time, place &
manner of the placement of telecommunication facilities in its public rights-of-way;
WHEREAS, Section 11.20.025(D) of the Culver City Municipal Code provides
that encroachment permits are subject to approval by the City Council under certain
conditions, including cost reimbursement and repair of the public rights-of-way.
NOW, THEREFORE, the City Council of the City of Culver City, California,
DOES HEREBY RESOLVE, as follows:
1. The encroachment permit application submitted by AboveNet on
November 27, 2006 is hereby approved.
2. The Public Works Director is authorized to execute the related
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Encroachment Permit Agreement on behalf of the City of Culver City.
APPROVED and ADOPTED this day of 2007.
GARY SILBIGER, MAYOR
City of Culver City, California
ATTEST: APPROVED AS TO FORM:
CHRISTOPHER ARM ENTA, City Clerk CAROL A. SCHWAB,
City Attorney
A07-00033
-2-VICINITY MAP
AboveNet Communications, Inc.,
Conduit Alignment
PROJECT
LOCATION