Laserfiche WebLink
• <br /> municipality" clause, so that our clients could benefit from'improvements negotiated into • <br /> any Metricom agreement in the seven-county Minneapolis/St. Paul area, not just <br /> agreements negotiated with identically- or smaller-sized municipalities. <br /> 6. Abandonment and Removal of Radios. Metricom's standard agreement does not <br /> contain any provisions which address the abandonment of its facilities or the removal of <br /> its facilities at the expiration of or termination of a facility use agreement. We therefore <br /> added language which gives a city the right to remove facilities that have been abandoned <br /> for six months or more, at Metricom's expense. This same right would apply to the <br /> expiration or termination of a use agreement. Without this language, it would be possible <br /> for Metricom to leave useless clutter on a city's facilities. <br /> 7. Performance Bond. Metricom's standard agreement does not require Metricom to <br /> furnish a bond securing its performance under the facility use agreement. The model <br /> agreement, which, as stated above, was agreed to by Metricom in the City of <br /> Minneapolis, rectifies this omission by establishing a performance bond requirement that <br /> guarantees Metricom's faithful performance of work. <br /> 8. Transfer or Assignment of Rights Under the Facility Use Agreement. Metricom's <br /> original assignment language would permit it to transfer or assign the facility use <br /> agreement to virtually anyone, without regard to the transferee's or assignee's ability to <br /> perform or willingness to be bound by the terms of the use agreement. Our revisions <br /> ensure that a transfer or assignment of rights cannot occur unless certain criteria <br /> concerning the proposed transferee's or assignee's qualifications are satisfied. <br /> If you and/or your member cities have not adopted Metricom's standard agreement, we <br /> recommend that you place the attached model agreement before your cable commission and/or <br /> City Council(s) for consideration, since further negotiations with Metricom seem pointless. In <br /> our opinion, the model strikes a reasonable balance between a city's interest in managing its <br /> property and public rights-of-way, and Metricom's interest in efficiently operating a business. <br /> The reasonableness of the model agreement is underscored by the fact that it has been accepted <br /> by Metricom, in its entirety, in the City of Minneapolis. <br /> If you have any questions concerning the attached model agreement, do not hesitate to call. <br /> \\ASUS\CABLE\METRICOM\MEMO-FINAL METRICOM AGMT.(RECOVERED).DOC <br /> 10 <br /> -3- <br />