06-15-2000 Agenda - Laserfiche WebLink

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y 1 CREIGHTON, BRADLEY & GUZZETTA, LLC 5402 PARKDALE DRIVE, SUITE 102 MINNEAPOLIS, MINNESOTA 55416 ATTORNEYS AT LAW PHONE: (763) 543-1400 LEGAL ASSISTANTS THOMAS D. CREIGHTON FAX: (763) 543-8866 ROSE SPEIDEL MICHAEL R. SRADLEY * NANCY L. WHAYLEN STEPHEN J. GUZZETTA** LEGISLATIVE CONSULTANT OF'COUNSEL MAUREEN FLAHAVEN MICHAEL P. KENNEDYt MEMORANDUM PRIVILEGED AND CONFIDENTIAL ATTORNEY WORK PRODUCT ATTORNEY-CLIENT PRIVILEGE June 6, 2000 TO: Interested Clients FROM: Thomas D. Creighton, Esq. SUBJECT: Metricom Agreement Attached for your review is a redlined version of a model agreement that can be used with Metricom. This document contains a variety of changes that were made to Metricom's standard Right-of-Way Permit and Facility Use Agreement in the course of negotiations with Metricomn officials. To date, Metricom has only accepted these changes in the City of Minneapolis. Metricom's logic is that Minneapolis is entitled to special treatment because of its size. All other cities Metricom has approached in the Twin Cities metropolitan area (with a few exceptions) are apparently expected to agree to Metricom's standard agreement (without modification). In our opinion, Metricom's negotiating position has been unreasonable, since the revisions we are advocating have nothing to do with the size of a municipality. For your convenience and information, the redlined version of the model Metricom agreement shows all of the changes that Metricom has agreed to in Minneapolis, but rejected elsewhere. • This language appears as bold and stricken text in the redlined document. The most significant revisions contained in the model agreement address the following subjects: -1- • ALSO ADMITTED IN WISCONSIN "ADMITTED IN MASSACHUSETTS AND THE DISTRICT OF COLUMBIA t ALSO CERTIFIED PUBLIC ACCOUNTANT