2000_0228_packet - Laserfiche WebLink

Home

by the amount of the applicable utility users tax, communications tax, or such other similar tax or fee. Accounting Matters. Metricom shall keep accurate books of account at its principal office in Los Gatos or such other location of its choosing for the purpose of determining the amounts due to the City under § 4.1 above. The City may inspect Metricom's books of account relative to the City at any time during regular business hours on thirty (30) days' prior written notice and may audit the books from time to time at the City's sole expense, but in each case only to the extent necessary to confirm the accuracy of payments due under § 4.1 above. Alternatively, Metricom will make available for inspection by the City at Metricom's office located closest to the City, upon thirty (30) days prior written notice, the relevant portions of its books and records as reasonably necessary to confirm the accuracy of any payments due the City under this Use Agreement. The City agrees to hold in confidence any non-public information it learns from Metricom to the fullest extent permitted by Law. 4.2 Annual Fee. As compensation for the use of Municipal Facilities, Metricom shall pay to the City an annual fee (the "Annual Fee") in the amount of Sixty Dollars ($60.00) for the use of each Municipal Facility, if any, upon which a Radio has been installed pursuant to this Use Agreement. Where light poles or other facilities to be used by Metricom within the Public Right of Way are owned by a utility, such annual fee shall be paid to the appropriate utility and not to the City. The aggregate Annual Fee with respect to each year of the term shall be an amount equal to the number of Radios installed on Municipal Facilities during the preceding twelve (12) months multiplied by the Annual Fee, prorated as appropriate, and shall be due and payable not later than forty-five (45) days after each anniversary of the Installation Date. City represents and covenants that City owns all Municipal Facilities for the use of which it is collecting from Metricom the Annual Fee pursuant to this § 4.2. 4.2.1 CPI Adjustment. Effective commencing on the fifth (51h) anniversary of the Installation Date and continuing on each fifth (5th) anniversary thereafter during the term, the Annual Fee with respect to the ensuing five-year period shall be increased by a percentage amount equal to the percentage increase, if any, in the U.S. Department of Labor, Bureau of Labor Statistics Consumer Price Index (All Items, All Consumers, 1982-1984=100) which Right-of-Way Permit and Facility Use Agreement City of Rose Ville;: Metricom,Inc. Page 7 of 16