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2000-04-20 Agenda
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2000-04-20 Agenda
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• 3.1 Attachment to Municipal Facilities. The City hereby authorizes and <br /> permits Metricom to enter upon the Public Right of Way and to locate, <br /> place, attach, install, operate, maintain, remove, reattach, reinstall, <br /> relocate, and replace Radios in or on Municipal Facilities for the purposes <br /> of operating Ricochet® and providing Services. In addition, subject to the <br /> provisions of§ 4.3 below, Metricom shall have the right to draw electricity <br /> for the operation of the Radios from the power source associated with <br /> each such attachment to Municipal Facilities. <br /> 3.2 Attachment to Third-Party Property. Subject to obtaining the permission <br /> of the owner(s) of the affected property, the City hereby authorizes and <br /> permits Metricom to enter upon the Public Right of Way and to attach, <br /> install, operate, maintain, remove, reattach, reinstall, relocate, and replace <br /> such number of Radios in or on poles or other structures owned by public <br /> utility companies or other property owners located within the Public <br /> Right of Way as may be permitted by the public utility company or <br /> property owner, as the case may be for the purposes of operating <br /> Ricochet® and providing Services. Upon request, Metricom shall furnish <br /> to the City documentation of such permission from the individual utility <br /> or property owner responsible. City agrees to cooperate with Metricom, <br /> • at no cost or expense to City, in obtaining where necessary the consents of <br /> third-party owners of property located in the Public Right of Way. <br /> 3.3 No Interference. Metricom in the performance and exercise of its rights <br /> and obligations under this Use Agreement shall not interfere in any <br /> manner with the existence and operation of any and all public and private <br /> rights of way, sanitary sewers, water mains, storm drains, gas mains, <br /> poles, aerial and underground electrical and telephone wires, electroliers, <br /> cable television, and other—teleeuamntnmieations information or <br /> communications, utility, or municipal property, without the express <br /> written approval of the owner or owners of the affected property or <br /> properties, except as permitted by applicable Laws or this Use Agreement. <br /> City agrees to use reasonable efforts to require the inclusion of the same or <br /> a similar prohibition on interference as that stated above in all agreements <br /> and franchises City may enter into after the Effective Date with other <br /> information or communications providers and <br /> carriers. <br /> Right-of-Way Permit and Facility Use Agreement <br /> City of(Name of Municipality :Metricom,Inc. <br /> Page 4 of 17 <br />
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