City of Culver City, California
City Council Agenda Item Report
RECOMMENDATION:
Staff recommends the City Council adopt a resolution approving an
Encroachment Permit Agreement with Level 3 Communications, LLC (Level 3)
and authorize the Public Works Director to sign this agreement on behalf of the
City of Culver City.
BACKGROUND:
Level 3 has submitted two applications to the City for the installation of fiber optic
cable, to provide telecommunication service to NFL Studios (at 10950 Washington
Boulevard) and to Sony Studios (at 10202 Washington Boulevard). Since these
applications involve the same applicant and since the proposed projects are located
within 0.75 miles of each other, it was decided to process these two applications as
part of the same encroachment permit.
Culver City Municipal Code (CCMC) Chapter 11.20 (“Telecommunications Regulatory
Requirements”) provides that an encroachment permit must be obtained by entities
installing and operating telecommunications facilities in the City’s public rights-of-way.
Pursuant to CCMC Section 11.20.025.D, the City Council has the authority to approve
such encroachment permits.
Telecommunications carriers, such as Level 3, are subject to regulation by the
California Public Utilities Commission (PUC) and the Federal Communications
Commission. The related federal and state laws require that cities allow the
Meeting Date: 06/09/08 Item Number: A-2
AGENDA ITEM: Adoption of a Resolution Approving an Encroachment Permit
Agreement with Level 3 Communications, LLC for Use of the Public Rights-of-Way
on Venice Boulevard, Prospect Avenue, Girard Avenue and West Washington
Boulevard.
Contact Person/Dept.:
Andy O’Connell/PW Dept.
Roland Miranda/City Attorney’s Ofc.
Phone Number:(310) 253-5606
(310) 253-5660
Fiscal Impact: Yes [] No [X] General Fund: Yes [] No [X]
Public Hearing: [] Action Item: [X] Attachments: [X]
Public Notification:
Master Notification List (06/04/08); Eric Erwin, Level 3 Communications, LLC Authorized
Representative, via email on May 13, 2008
Department Approval:
Carol Schwab (by R. Miranda) (06/02/08)
Charles Herbertson (06/02/08)
City Attorney Approval:
Carol Schwab (by R. Miranda) (06/02/08)
Chief Financial Officer Approval:
Jeff Muir (by M. Noller) (06/04/08)
City Manager Approval:
Jerry B. Fulwood (06/04/08) City of Culver City, California
City Council Agenda Item Report
installation of these types of telecommunication facilities and allow cities to impose
reasonable time, place and manner regulations.
DISCUSSION:
The project being proposed by Level 3 for NFL Studios involves installing one 4” and
three 1¼" inner ducts, with fiber optic cable, beginning at existing Level 3 facilities
located on Venice Boulevard, between Prospect and Girard Avenues. The alignment
extends southerly on both Prospect Avenue and Girard Avenue to Washington
Boulevard, and then easterly and westerly on Washington Boulevard to the NFL
Studios at 10950 Washington Boulevard. The route for this proposed project is
depicted in Attachment 3. This alignment covers approximately 3,316 linear feet.
Along with the conduits, there will be three 4’(W)x4’(L)x4’(D) manholes that will be
constructed within the roadway along this route. This work will involve directional
boring.
The work being proposed by Level 3 for Sony Studios involves installing one 1¼”
quad duct beginning at an existing Level 3 facility located on Jasmine Avenue
northerly of Washington Boulevard. The alignment continues southerly on Jasmine
Avenue to Washington Boulevard, then easterly on Washington Boulevard to
approximately 60 feet easterly of Jean Place to Sony Studios, at 10202 Washington
Boulevard. The route for this proposed project is depicted in Attachment 4. The
alignment covers approximately 494 linear feet. Along with the installation of the quad
duct, one 4’(W)x4’(L)x4’(D) manhole will be constructed in the roadway along this
route. This work will also involve directional boring.
The PUC has issued a Certificate of Public Convenience & Necessity to Level 3. This
PUC certificate authorizes Level 3 to access cities’ rights-of-way. The City cannot
prohibit or inhibit such access. The City does have a right to impose reasonable time,
place and manner regulations on Level 3’s access to the City’s rights-of-way.
The City’s time, place and manner regulations are documented in the Encroachment
Permit Agreement, which the City Council is considering tonight. To protect the City’s
interests, the agreement contains provisions requiring that Level 3 repair any damage
to City property, carry adequate liability and automobile insurance, defend the City if it
is sued for damages caused by Level 3 and post a performance bond prior to
commencing work on this project.
The provisions included in this Encroachment Permit are consistent with those
recently approved by the City Council and issued to Above Net and MCIMetro.
City of Culver City, California
City Council Agenda Item Report
FISCAL ANALYSIS:
Per CCMC Section 11.20.025.B, the City may collect an application fee as
compensation for City staff time expended in reviewing telecommunications
applications. These fees, in the amount of $4,950, were calculated in accordance with
the provisions of Resolution No. 2007-R024. These fees will be collected by Public
Works staff prior to issuance of the involved construction permit.
ATTACHMENTS:
1. Encroachment Permit Agreement, Proposed
2. Proposed Resolution
3. NFL Studios Project Map
4. Sony Studios Project Map
MOTIONS:
That the City Council
1. Adopt the resolution approving the Encroachment Permit Agreement with Level
3; and,
2. Authorize the Public Works Director to sign this agreement on behalf of the
City.
06/09/08
Consideration of Adoption of a Resolution Approving an
Encroachment Permit Agreement with Level 3
Communications, LLC for Use of the Public Rights-of-
Way on Venice Boulevard, Prospect Avenue, Girard
Avenue and West Washington Boulevard.
MEETING DATE:
AGENDA ITEM:
ATTACHMENTS
Pages|1010| Encroachment Permit Agreement, Proposed
1 - 9|1010| Resolution, Proposed
10 - 11|1010| NFL Studios Project Map
12|1010| Sony Studios Project Map
13ENCROACHMENT PERMIT AGREEMENT
No. 2008 -
PARTIES:
Level 3 Communications
1025 Eldorado Boulevard
Broomfield, CO 80021
("PERM ITTEE")
City of Culver City, a Municipal Corporation
9770 Culver Boulevard
Culver City CA 90232
("CITY")
ENCROACHMENT AREA:
NFL Networks Project: Route begins on Venice Boulevard, between Prospect and Girard
Avenues. The route extends southerly on both Prospect and Girard Avenues, to their
intersections with Washington Boulevard. At the intersection of Prospect Avenue and
Washington Boulevard, the route continues easterly along Washington Boulevard to the NFL
Studios, at 10950 Washington Boulevard. At the intersection of Girard Avenue and
Washington Boulevard, the route continues westerly along Washington Boulevard to the NFL
Studios, at 10950 Washington Boulevard. This route is depicted in the attached exhibit,
Exhibit A, which is incorporated by reference as though set forth in full at this point.
AND
Sony Studios Project: Route begins at the intersection of Jasmine Avenue and
Washington Boulevard. The conduit then traverses northeast along Washington Boulevard, to
the Sony Pictures parking lot at 10202W. Washington Boulevard. This route is depicted in the
attached exhibit, Exhibit B, which is incorporated by reference as though set forth in full at this
point.
RECITALS:
A. WHEREAS, PERMITTEE desires to install two fiber optic conduit routes ("PROJECT") within
portions of the City of Culver City rights-of-way, as shown in Exhibits A and B, for the purpose of
providing fiber optic services to Sony Studios, at 10202 W. Washington Boulevard, and NFL
Networks, at 10950W. Washington Boulevard.
B. WHEREAS, such PROJECT 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, the PROJECT is covered by a Negative Declaration pursuant to the California
Environmental Quality Act, California Public Resources Code §§21000 et seq.
D. WHEREAS, PERMITTEE desires to secure the permission of the City of Culver City to install
and maintain the PROJECT to provide telecommunications services.Level 3 Encroach. Permit Agrmt.
Page 2 of 9
NOW THEREFORE, in consideration of the mutual promises and agreements hereinafter
contained, the parties hereto agree as follows:
1. Permission to Encroach. CITY hereby gives the PERMITTEE permission to encroach and
occupy under and along the public rights-of-way of the ENCROACHMENT AREA, for the purpose of
constructing, operating, maintaining, improving (to the extent such improvement does not involve
excavations in public rights-of-way not located in the ENCROACHMENT AREA) and removing fiber
optic lines and cables in the public rights-of-way specifically depicted in Exhibits A and B and in
accordance with CITY's Rights-of-Way Management Plan & Standards (Culver City Municipal Code
Section 9.08.307). This PROJECT shall be at the sole cost and expense of PERMITTEE and shall
conform to that certain California Public Utilities Commission document entitled "Negative Declaration
(IX) — Competitive Local Carriers' (CLCs) Projects for Local Exchange Telecommunications Service
throughout California" (a copy of which will be attached hereto as Exhibit C and incorporated herein
by reference as though set forth in full).
The terms of this Encroachment Permit Agreement (AGREEMENT) are based on the type of
telecommunications facilities required by PERMITTEE to provide its authorized services.
PERMITTEE acknowledges that any change in the nature of the facilities or its legal authority to
provide services, or in applicable law, may affect the CITY's regulatory authority over such facilities.
PERMITTEE further acknowledges that both PERMITTEE's use of CITY rights-of-way and this
AGREEMENT are subject to such future lawful authority as the CITY exercises in its discretion.
2. Application Review Costs. PERMITTEE shall reimburse CITY for the time required of CITY
staff to review PERMITTEE's encroachment permit application at the rates adopted by resolution of
CITY's City Council.
3. Term of the Agreement. The term of this AGREEMENT shall be for a period of ten (10) years
from the date of execution of this AGREEMENT, with two (2) five-year extensions, unless terminated
earlier pursuant to other provisions of this AGREEMENT.
4. Public Utility Status of PERMITTEE. PERMITTEE represents to CITY that PERMITTEE has
obtained Certificate of Public Convenience and Necessity ("CPCN") No. U-5941-C, dated February
17, 1998, for the provision of telecommunications services. PERMITTEE has represented that this
CPCN authorizes construction activities in relation to the PROJECT. PERMITTEE has further
represented that the PROJECT will be used solely for purposes authorized by its CPCN. Finally,
PERMITTEE has represented that it is a "telephone corporation" within the meaning of the California
Public Utilities Code, that the PROJECT involves the construction and operation of "telephone lines"
and that the PROJECT will result in the carriage of telephone service.
5. Rights Granted and Reserved. The rights granted by this AGREEMENT are granted based
upon representations by PERMITTEE that PERMITTEE's operations shall be solely for the purposes
set forth in California Public Utilities Code Section 7901. If PERMITTEE uses the PROJECT for
purposes other than the provision of Section 7901 services, or if the PROJECT is found not to be
sanctioned by the CPCN, or if it is ultimately determined that CITY is not precluded by California
Public Utilities Code Sections 7901 and 7901.1, California Government Code Section 50030, or any
other applicable laws or regulations, from imposing compensation requirements, CITY reserves the
right to charge PERMITTEE lawful compensation for the use of CITY's rights-of-way, as permitted. In
addition, neither party waives any rights reserved under the Telecommunications Act of 1996
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Level 3 Encroach. Penult Agrmt.
Page 3 of 9
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 telecommunications providers for use of public rights-of-way.
6. Supervision and Repair. All work and entry upon, over, under, or along the public rights-of-
way shall be done under PERMITTEE's supervision, in a good and skillful manner, and shall comply
with all reasonable standards imposed by CITY from time to time. PERMITTEE agrees to abide by
the standards set forth in the Rights-of-Way Management Plan, adopted pursuant to Culver City
Municipal Code Section 9.08.307. To this end, a PERMITTEE representative shall be physically
present at any construction site at all times that construction or excavation is being conducted
pursuant to this AGREEMENT and any excavation in connection with this PROJECT shall be
monitored by PERMITTEE.
7. PERMITTEE's Obligation to Repair Damage and Restore Property. PERMITTEE agrees to
repair any and all damage (including, but not limited to, subsidence, cracking, erosion, collapse,
weakening or loss of lateral support) to any CITY property (including, but not limited to, streets, walks,
public rights-of-way, gutters, utility lines and systems, underground utility lines and systems or sewer
systems and sewer lines) resulting from the installation, maintenance or operation of the PROJECT at
no expense to CITY and to the satisfaction of CITY. In addition, PERMITTEE agrees to restore all
CITY property affected by construction of the PROJECT to the condition it was in prior to
commencement of PROJECT at no expense to CITY and to the satisfaction of CITY.
8. No Right, Title or Interest. 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 PERMITTEE by reason
of this AGREEMENT or the issuance of any excavation or street use permit, or any other permits
issued by the Public Works Department, or exercise of the privilege given thereby.
9. Possessory Interest. The parties agree that no possessory interest is created by this
AGREEMENT. However, to the extent that a possessory interest is deemed created by operation of
law, PERMITTEE acknowledges that notice is and was hereby given to PERMITTEE pursuant to
California Revenue and Taxation Code §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. PERMITTEE shall be solely responsible for any
and all taxes, fees and assessments relating to PERMITTEE's use and maintenance of the
PROJECT.
10. Termination. Either party may terminate this AGREEMENT at any time by providing one
hundred eighty (180) days' written notice of said termination to the other party. CITY agrees that it
shall terminate this AGREEMENT only in the event it determines the PROJECT causes jeopardy to
the public health, welfare or safety, or if the CPCN terminates, is revoked, or is abandoned, or if
PERMITTEE ceases to be a "telephone corporation" within the meaning of the California Public
Utilities Code.
Should said termination occur, if requested in writing by the CITY's Public Works Director,
PERMITTEE shall remove the PROJECT 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 PROJECT to a condition satisfactory to CITY. If removal of the PROJECT is required
by the CITY'S Public Works Director, the removal of the PROJECT and the repair of CITY propertyLevel 3 Encroach_ Permit Agrrnt.
Page 4 of 9
and public rights-of-way shall be completed within ninety (90) days of the date the CITY'S Public
Works Director requests removal. If no request for removal is received from the CITY'S Public Works
Director within ninety (90) days of the effective termination date of this AGREEMENT, PERMITTEE
may abandon the PROJECT in place, to the CITY's satisfaction, and the abandoned PROJECT shall
be deemed conveyed to the CITY and PERMITTEE shall have no further obligation to remove,
relocate, or maintain the PROJECT and no further right to control or use the PROJECT.
11. Permittee's Liability for All Damages. PERMITTEE shall assume all responsibility for all
damages to property or injuries to persons which may arise from or be caused by PERMITTEE's
performance under this AGREEMENT or by the performance of any other party acting on
PERMITTEE's behalf in furtherance of 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.
12. Insurance.
(a) PERMITTEE shall obtain, pay for, and maintain during the life of this AGREEMENT a
Commercial General Liability policy, including Contractual Liability, and an Automobile
Liability policy, which shall protect it and the CITY from claims for injuries and damages.
These policies shall name the City of Culver City, its elected and appointed officials,
officers, agents, and employees as additional insured under the policies except for Workers
Compensation. These policies shall be maintained in the following amounts:
(1) COMMERCIAL GENERAL LIABILITY INSURANCE in an amount not less than
FIVE MILLION DOLLARS ($5,000,000) per occurrence for personal injuries,
including accidental death, to any one person; property damage insurance in an
amount not less than FIVE MILLION DOLLARS ($5,000,000) and subject to the
above limits and combined single limit of insurance in an amount not less than
FIVE MILLION DOLLARS ($5,000,000);
(2) AUTOMOBILE LIABILITY INSURANCE endorsed for all owned and non-owned
vehicles with 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 for property damage;
(3) WORKERS' COMPENSATION INSURANCE in the statutorily required amount.
(b) These policies shall contain a "Severability of Interest" clause and a "Primary Coverage"
clause for any loss arising from or caused by PERMITTEE's performance of the
AGREEMENT. In addition, the policies shall contain a statement of obligation on the
insurance carrier's part to notify the CITY, by certified mail/return receipt requested, at least
thirty (30) days in advance of any policy cancellation or termination or any reduction in the
amount of coverage.
(c) Before starting operations under this AGREEMENT, PERMITTEE shall furnish the
CITY with a "certificate of insurance" and, with respect to the Commercial General and
Automobile Liability Insurance polices, an "additional insured endorsement", the certificate
countersigned by the insurance carrier or its authorized representative, on forms
satisfactory to the CITY's City Attorney, which set forth the above provisions.
(d) The countersigned certificate, along with the additional insured endorsement, shall
ro
45
Level 3 Encroach. Permit Agrmt.
Page 5 of 9
state: "The City of Culver City, its elected and appointed officials, officers, agents, and
employees are named as additional insured under this policy_ This insurance is primary to
the coverage of the City of Culver City. Neither the City of Culver City nor any of its insurers
shall be required to contribute to any loss. This policy contains a `severability of interest
clause." The additional insured requirement may be satisfied through the use of a blanket
additional insured endorsement.
PERM1TTEE SHALL FURNISH THE REQUIRED CERTIFICATE(S) OF INSURANCE AND
ENDORSEMENT (S) PRIOR TO THE ISSUANCE OF PERMITS FOR CONSTRUCTION. AFTER
CONSTRUCTION OF PROJECT HAS BEEN COMPLETED, PERMITTEE SHALL FURNISH CITY
DOCUMENTARY PROOF OF BEING IN CONTINUING COMPLIANCE WITH THE REQUIREMENTS
OF THIS PARAGRAPH EVERY TWO YEARS.
13. Performance Bond. Prior to the issuance of any permits pursuant to this AGREEMENT,
PERMITTEE shall file with CITY a performance bond in the amount of two hundred fifty thousand
dollars ($250,000), on a form approved by the CITY'S City Attorney, to ensure satisfactory completion
of, and/or repairs to, the PROJECT. CITY shall release this bond one year after CITY'S inspection
and final acceptance of the construction undertaken pursuant to this AGREEMENT. To the extent
that PERMITTEE is engaged in a joint build with one or more other permittees, the obligation to
obtain a performance bond under this section lies only with the lead company of the joint build.
14. Indemnification. PERMITTEE agrees to and shall defend, indemnify and hold harmless CITY,
its elected and appointed officials, officers, agents, employees, and representatives from all suits and
causes of action, claims, charges, damages, demands, judgments, civil fines, and penalties or losses
of any kind or nature whatsoever, arising out of this AGREEMENT for all claims of any kind including
without limitation, for damage or claims for damage for bodily injury, including death, and claims for
property damage which may arise directly or indirectly from this AGREEMENT or damage to
PERMITTEE'S PROJECT including, but not limited to, those claims which arise out of:
a) The performance or the failure to perform the obligations in this AGREEMENT by
PERMITTEE, or its contractors, subcontractors, agents, employees, or any other person or
entity acting on PERMITTEE's behalf; and,
b) The design placement, maintenance, repair, or condition of the PROJECT. This indemnity
and obligation to hold harmless shall apply regardless of whether or not CITY prepared,
supplied, or approved plans or specifications or inspected any of the work or improvements
installed and constructed pursuant to this AGREEMENT. Specifically, PERMITTEE agrees
to defend, indemnify and hold harmless CITY, and its officers, agents, employees and
representatives from the following damages or claims for damages: (1) any indirect,
special, punitive or consequential damages (including, but not limited to, any claim for loss
or services) to PERMITTEE, or any other person arising from any damage to
PERMITTEE'S telecommunications facilities; and, (2) any damage or claims for damages
resulting from damage to PERMITTEE's telecommunications facilities caused by third
persons.
15. Limits of CITY Liability. In no event shall CITY be liable, under any theory, to PERMITTEE for
any damage to the PROJECT caused by any excavation or work performed by CITY at or near the
PROJECT. Neither PERM1TTEE nor CITY shall be liable, under any theory, to the other for any
indirect, special punitive or consequential damages (including, but not limited to, any claim for loss of6
Level 3 Encroach. Permit Agrmt.
Page 6 of 9
services) nor shall CITY be liable, under any theory, for damage to the PROJECT caused by any
other persons.
16. Representation by Counsel. Where PERMITTEE is required to provide legal services to
CITY under Paragraph 14, 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 CITY
determines that PERM1TTEE'S litigation strategy or implementation decisions are unreasonable, or
not in CITY's best interest, or that separate counsel is necessary for the representation of CITY, CITY
may obtain separate legal counsel chosen by CITY at PERMITTEE's cost and expense. CITY shall
submit to PERMITTEE on a regular basis statements for attorney's fees, which shall be paid to CITY
within sixty (60) days of PERMITTEE's receipt of said statement.
17. Compliance with All Laws. PERMITTEE shall comply with all applicable federal, state and
local laws, rules and regulations.
18. Permits. All excavation, installation, maintenance or repair requiring excavation in the public
rights-of-way for the PROJECT shall be done under permit(s) issued by the Public Works Department
after payment by PERMITTEE of any applicable fees. Such excavation shall be at the sole cost and
expense of PERM1TTEE and shall substantially conform and be limited to the area covered by the
PROJECT, as depicted in Exhibits A and B.
19. Default. In the event of default by either party to this AGREEMENT, the other party shall have
available all remedies at law or in equity not otherwise provided for herein, including, by way of
illustration but not limitation, suits for injunctive or declaratory relief, specific performance, relief in the
nature of mandamus, or action for damages. Provided, however, PERMITTEE shall not have
available an action for damages against CITY or any related person or entity except and to the extent
of CITY's negligence, willful misconduct or criminal acts. All remedies, including the remedies
specified in this AGREEMENT, shall be cumulative and not exclusive of one another, and the
exercise of any one or more of said remedies shall not constitute a waiver or election with respect to
other available remedies.
20. City Performance Standards. In the event PERMITTEE fails to perform any of its obligations
under this AGREEMENT within a reasonable period after delivery of written notice of such failure and
CITY performs any work including, but not limited to, repairing or maintaining the street
improvements, 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. CITY shall not be obligated
to repair or replace any materials or improvements in a form or manner consistent with Exhibits A and
B, or any plans and specifications, and CITY shall not be responsible for any damages to
PERMITTEE as a result of CITY performing such work, including, but not limited to, mitigation of
damages due to PERMITTEE's prior work. PERM1TTEE shall reimburse CITY for its full costs,
including allocated overhead, of any work performed by CITY pursuant to this paragraph.
21. Abandonment. Notwithstanding Paragraph 10 herein, if PERMITTEE ceases use of the
PROJECT or any portion thereof for a continuous period in excess of one hundred eighty (180) days
without written notice of termination of this AGREEMENT, CITY may require PERMITTEE to remove
the PROJECT or the involved portion thereof and return the involved public property to a condition
satisfactory to CITY or, if CITY so elects, abandon the PROJECT or the involved portion thereof to
the ownership of CITY without the payment of any compensation.With a copy to:|1010|Level 3 Encroach. Permit Agrmt.
Page 7 of 9
22. Relocation. PERMITTEE shall remove or relocate, without cost and/or expense to CITY, the
PROJECT if and when made necessary by the installation, abandonment, change of grade,
alignment or width of any street, sidewalk or other public facility or by the construction, maintenance,
or operation of any CITY, or other public agency's, underground or aboveground facilities (including,
but not limited to, any sewer, storm drain, conduits, gas, water, electric or other utility system) or
pipes, provided that CITY or other public agency is acting in its governmental capacity. In the event
all or any portion of any public rights-of-way occupied by the PROJECT shall be needed by CITY or
other public agency for a governmental purpose or in the event the existence of the PROJECT shall
be considered detrimental to the public health, safety, welfare, or convenience or to governmental
activities including, but not limited to, interference with CITY or other public agency construction
projects, or is in conflict vertically and/or horizontally with any proposed CITY or other public agency
installation, PERMITTEE shall remove and relocate, without cost or expense to CITY, the PROJECT
to such other location or locations as may be designated by the CITY or other public agency. Said
removal or relocation shall be completed, without cost or expense to CITY, within ninety (90) days of
notification by CITY unless urgent needs dictate a shorter period for removal or relocation. In the
event the PROJECT is not removed or relocated within said period of time, CITY or other public
agency may cause the same to be done at the sole cost and expense of PERMITTEE. Further, in the
event of an emergency, as reasonably determined by CITY or other public agency, CITY or other
public agency may remove or relocate the PROJECT without prior notice to PERM1TTEE, provided
that PERMITTEE is notified within a reasonable period thereafter. To the extent relocation of the
PROJECT is required solely to accommodate (i) a non-public agency third party for non-
governmental reasons, (ii) CITY acting in a proprietary capacity for non-governmental reasons, or (iii)
CITY acting on behalf of a non-public agency third party for non-governmental reasons, the relocation
shall be paid for in advance by CITY or the non-public agency third party. Additionally, CITY, using
reasonable efforts, shall first consult with, or cause any party requesting relocation of the PROJECT
to consult with, PERMITTEE to determine whether relocation is actually necessary, and, if so, how
the costs of such relocation can be minimized. In the event relocation is required, CITY shall use
best reasonable efforts to assist, or to cause any party requesting relocation of the PROJECT to use
best reasonable efforts to assist, PERMITTEE in identifying a place to which to relocate the
PROJECT.
23. Underground Service Alert. PERMITTEE 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.
24. Notices. All notices hereunder must be in writing and, unless otherwise provided herein, shall
be deemed validly given on the date either personally delivered to the address indicated below; or
when received by certified mail, return receipt requested via U.S. Mail. Should CITY or PERMITTEE
have a change of address, the other party shall immediately be notified in writing of such change,
provided, however, that each address for notice must include a street address and not merely a post
office box. All notices, demands or requests from PERMITTEE to CITY shall be given to CITY
addressed as follows:
City Manager
Culver City City Hall
9770 Culver Blvd.
Culver City, CA 90232-05078
Level 3 Encroach. Permit Agrmt.
Page 8 of 9
City Attorney
Culver City City Hall
9770 Culver Boulevard
Culver City, CA 90232-0507
All notice, demands or requests from CITY to PERMITTEE shall be given to PERMITTEE addressed
as follows:
Level 3 Communications
1025 Eldorado Boulevard
Broomfield, CO 80021
ATTN: Contract Administration
With a copy to:
Level 3 Communications
1025 Eldorado Boulevard
Broomfield, CO 80021
ATTN: General Counsel
25. Assignments/Transfers. PERMITTEE may not sell, assign, transfer or lease any interest in
this AGREEMENT without the prior written consent of CITY.
26. Amendment. Notwithstanding anything in this AGREEMENT, this AGREEMENT may be
amended by mutual written consent of the parties hereto.
27. Non-Waiver. A waiver by either party 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.
28. Severability. 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.
29. Understanding of the Parties. 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 the AGREEMENT.
[Remainder of page intentionally left blank]Level 3 Encroach. Permit Agrmt.
Page 9 of 9
LEVEL 3 COMMUNICATIONS
By:
Dated: Steve Gordon
Sr. Director, Network Infrastructure Services
CITY OF CULVER CITY
By:
Dated: Charles Herbertson
Public Works Director
APPROVED AS TO FORM:
By:
Dated: Carol A. Schwab
City Attorney|10 10| &RESOLUTION NO. 2007-R
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CULVER CITY, CALIFORNIA, APPROVING AN
ENCROACHMENT PERMIT AGREEMENT WITH LEVEL 3
COMMUNICATIONS.
WHEREAS, Level 3 Communications has applied for a permit to encroach
upon Culver City's public rights-of-way in order to install fiber optic cable, as described in
the engineering plans submitted to Culver City's Public Works Department and in the
related Encroachment Permit Agreement;
WHEREAS, Level 3 Communications 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 and
manner of the placement of telecommunication facilities in its public rights-of-way;
WHEREAS, Chapter 11.20 of the Culver City Municipal Code provides that an
encroachment permit is required prior to installation of telecommunication facilities in the
City's public rights-of-way and that such permits are subject to approval by the City Council.
NOW, THEREFORE, the City Council of the City of Culver City, California,
DOES HEREBY RESOLVE, as follows:
1. The encroachment permit requested by Level 3 Communicaitons is
hereby approved.
2. The Public Works Director is authorized to execute the related
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27Encroachment Permit Agreement on behalf of the City of Culver City.
APPROVED and ADOPTED this day of 2007.
SCOTT MALSIN, MAYOR
City of Culver City, California
ATTEST: APPROVED AS TO FORM:
A07-
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MARTIN COLE CAROL A. SCHWAB,
City Clerk City Attorney• • • • :• • • • • •• .•••:: :.• • Hi •
•
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