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06/07/00 WED 14:50 FAX 6123402644 DORSEY & WHITNEY 0002 <br /> DORSEY WHITNEY LLP <br /> • <br /> MINMAPOLIS P[LL38uR'4 C2NTIM SOUTH BILLINGS <br /> NEW YORK 220 SOUTH SIXTH STRSBT GREAT PALLS <br /> saATTLP MwNEApous,MINKRsOTA 55402-1498 MISSOULA <br /> DsiwsR TELEPHONE:(612).340-2600 BaussELs <br /> WA -UNCTON,D.C. FAX:(6t2) 340-2568 FARCO <br /> DES MOINES .esrr HONG KONG <br /> ANCHORAGE �r ya.a,IAyM R SOH <br /> ROCHESTaR <br /> LONDON (612)340.2969 SALT LA"CITY <br /> FAX(612)340.2644 <br /> VANCOLnrER <br /> ' COSTA MESA Bpcai.WOP$Ef1�W.CG[11 <br /> Juae 7,2000 <br /> Spencer Isom <br /> Assistant City Manager <br /> City of St. Anthony <br /> 3301 Silver Lake Road <br /> St. Anthony,MN 55418-1699 <br /> • Re: Metricom,Inc. <br /> Right-of-Way Permit and Facility Use Agreement <br /> Dear Spencer: <br /> As you requested, I have reviewed the proposed agreement with Metricom, Inc. for use of the <br /> City-owned street light poles and light fixtures and other City-owned structures within the public rights- <br /> of-way for installation.of.radios and.related-equipment by.Metrieom,.Inc. as part of a mobile digital <br /> data communications radio network known as"Ricochet." <br /> I have also seen a copy of the draft of the agreement as reviewed and revised by Tom <br /> Grundhoefer at the League of Minnesota-Cities,and as also reviewed.and revised by Tim Strommen, <br /> with the Kennedy & Graven firm,as attorneys for the Suburban Rate Authority. <br /> Generally speaking,the agreement with the changes required by Tom Grundhoefer and Jim <br /> Strommen is in reasonably good form,and my additional comments are limited. There are,however, <br /> several points you should consider: <br /> 1. In Section 2,the term is for 9 yz ,and it renews automatically for three successive terms <br /> of 5 years each, for a total possible 24 years. It has a provision that permits either party to notify the <br /> other of its intention not to renew if notice is given 180 days prior to the renewal term. There is no such <br /> termination right during the original 9-year ienn. <br />