Laserfiche WebLink
ROSEVILLE <br /> Right-of-Wa Permit and Facility Use <br /> Y <br /> Agreement <br /> T I HIS RIGHT-OF-WAY USE AGREEMENT (this "Use Agreement") is dated as of <br /> (the "Effective Date"), and entered into by and <br /> between the CITY OF ROSEVILLE, a Minnesota local government unit (the <br /> "City"), and METIUCOM, INC., a Delaware corporation ("Metricom"). <br /> Recitals <br /> A. Metricom owns, maintains, and operates, in accordance with regulations <br /> promulgated by the Federal Communications Commission, a mobile digital data <br /> communications radio .network known as Ricochet @, utilizing Radios (as defined in <br /> § 1.10 below) and related equipment certified by the Federal Communications <br /> Commission. <br /> B. For purpose of operating Ricochet @, Metricom wishes to locate; place, <br /> attach, install, operate, and maintain Radios in the Public Right of Way (as defined in <br /> § 1.9 below) on facilities owned by the City, as well as on facilities owned by third <br /> parties therein. <br /> Agreement <br /> Now therefore , for good and valuable consideration, the receipt and <br /> sufficiency of which are hereby acknowledged, the parties agree to the following <br /> covenants, terms, and conditions: <br /> 1 DEFINITIONS. The following definitions shall apply generally to the provisions of this <br /> Use Agreement: <br /> 1.1 Adjusted dross Revenues. "Adjusted Gross Revenues" means the gross <br /> dollar amount received by Metricom for its Services (as defined in§1.11 <br /> below) provided to subscribers with billing addresses in the City, <br /> excluding (i) any utility users' tax, communications tax, or similar tax or <br /> fee; (ii) local, state, or federal taxes that have been billed to the subscribers <br /> and separately stated on subscribers' bills; and (iii) revenue uncollectible <br /> Right-of- Way Permit and Facility Use Agreement <br /> City of RosLw le-. Mefticorr., Inc. <br /> Page 1 of 16 <br />