Google Fiber - ROW License Agreement - 07.21.2025 - FE
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Google Fiber Contract No. n233626
EXECUTION VERSION
Broadband Franchise Agreement Between City of Smyrna, GA and Google Fiber Georgia, LLC | 2
Facilities (the "Work") in order to offer Services to residents and businesses in City.
This Agreement and the Franchise do not authorize Franchisee to use any City or
other public property other than the Public ROW as defined herein. Franchisee's use
of any other City or other public property, including without limitation poles and
conduits, buildings, parks, grounds, lots, and parcels, will be governed under one or
more separate agreements regarding those properties•.
1.2. Subject to State and Local Law. This Agreement and the Franchise are subject to
City's valid authority under State and local laws as they exist now or may be amended
from time-to-time, and subject to the conditions set forth in this Agreement.
Franchisee shall at all times comply with the city's code of ordinances ("City Code"),
as may be amended from time-to-time.
1.3. Subject to City's Right to Use Public ROW. This Agreement and the Franchise are
subject and subordinate to City's prior and continuing right to use the Public ROW,
including, but not limited to, constructing, installing, operating, maintaining, repairing,
or removing sewers, water pipes, storm drains, gas pipes, utility poles, overhead and
underground electric lines and related facilities, and other public utility and municipal
uses.
1.4. Subject to Pre-Existing Property Interests. City's grant of the Franchise is subject to
all valid pre-existing easements, restrictions, conditions, covenants, encumbrances,
claims of title or other property interests that may affect the Public ROW. Franchisee
will obtain at its own cost and expense any permission or rights as may be necessary
to accommodate such pre-existing property interests.
1.5. No Grant of Property Interest. The Franchise does not grant or convey any property
interest.
1.6. Non -Exclusive. This Franchise is not exclusive. City expressly reserves the right to
grant franchises, permits, privileges or other rights, if necessary under applicable
law, to any other individual, corporation, partnership, limited liability company, trust,
joint stock company, business trust , unincorporated association, joint venture,
governmental authority or other entity of any nature whatsoever ("Person"), as well
as the right in its own name as a municipality to use Public ROW for purposes similar
to or different from those allowed Franchisee under this Agreement.
1.7. No W aiver of Police Power. Neither this Agreement nor the Franchise shall be
construed to waive or otherwise restrict the City's lawful exercise of its police power.
2. Franchisee's Obligations.
2.1. Individual Permits Required. Franchisee will obtain City's prior approval of required
individual encroachment, construction, and other necessary permits as may be
required by state law or City Code before placing, replacing, repairing, or altering its
Network Facilities in the Public ROW. Franchisee will provide to City any information
lawfully required by City. Franchisee will pay all lawful processing, field marking,
engineering, and inspection fees before City issues individual permits.