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 | 4
involves different areas of the Public ROW than Franchisee has permission to occupy
under this Agreement, or would unreasonably delay or otherwise hinder Franchisee's
construction plans, and (ii) Franchisee is not obligated to cooperate if Franchisee
enters into a commercial cooperation agreement reasonably sati sfactory to the
Franchisee with respect to such joint trenching or other cooperation with City or the
third-party, as applicable. Franchisee will make good faith efforts to enter into any
such commercial cooperation agreement in connection with fulfilling the foregoing
cooperation obligation.
2.11. As-Built Drawings and Maps. Franchisee will maintain accurate as-built drawings and
maps of its Network Facilities located in City and will provide them to City upon
request and on a mutually-agreed timetable (e.g., piecemeal following the closure of
each permit, or all at once after all the Work is complete).
3. Ci
ty's Obligations.
3.1. Emergency Removal or Relocation by City. In the event of a public emergency that
creates an imminent threat to the health, safety, or property of City or its residents,
City may remove or relocate the applicable portions of the Network Facilities without
prior notice to Franchisee. City will, however, make best efforts to provide prior notice
to Franchisee before making an emergency removal or relocation. In any event, City
will promptly provide to Franchisee a written description of any emergency removals
or relocations of Franchisee's Network Facilities. Franchisee will reimburse City for
its actual, reasonable, and documented costs or expenses incurred for any such work
performed by City, the cause of which was Franchisee's construction, installation,
operation, maintenance, repair, or removal of its Network Facilities.
3.2. Removal of Abandoned Network Facilities. If Franchisee abandons any portions of
its Network Facilities ("Abandoned Network Facilities"), Franchisee will notify City
and will either remove the facilities at its own expense within a commercially
reasonable period of time or may abandon some or all of the Abandoned Network
Facilities in place if such facilities are underground or otherwise authorized to be
abandoned in place by City Code or permit. Abandoned Network Facilities do not
include Network Facilities intended for emergency use, redundant Network Facilities,
or Network Facilities intended to meet future demand or capacity needs.
3.3. Rel
oc ation to Accommodate Governmental or Public Purposes. If Franchisee's then-
existing Network Facilities would interfere with City's planned use of the Public ROW
or other City property for a lawful governmental or other public purpose, such as, by
way of example but not limitation, the construction of a new water or sewer line or
the widening, straightening, or relocation of a public road or the construction of any
public or civic improvement project, Franchisee will, upon written notice from City,
relocate its Network Facilities at Franchisee's own expense to such other location or
locations in the Public ROW as may be mutually agreed by the parties. Franchisee
will relocate its Network Facilities within a commercially reasonable period of time
agreed to by the parties, taking into account the urgency of the need for relocation,
the difficulty of the relocation, and other relevant facts and circumstances, except
that City may not require Franchisee to relocate or remove its Network Facilities with
less than 180 days' notice, unless otherwise mutually agreed upon by the parties or