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06/07/00 `FED 14:50 FAX 6123402644 DORSEY & WHITNEY y 21 DORSEY WHITNEY LLP MrNMAPOLIS PLLLS$URY CENTER SOUTH - BILLINGS NEW YORK 220 SOUTH SIXTH STRZST GREAT PALLS SAATTLE MINNEAPOLIS,MINNESOTA 55402-1498 MISSOULA .09NVER.. TELEPIlONE:(612)340-2600 BnusssLs WA11-UNCTON,D.C. FAX:(612) 340-2568 PARGO DES MOINISS ,'t HONG KONG ANCHORA09 w LIAM B..SOTH IRgCHESTER LONDON (612 340-2969 SALT LAKE CITY FAX(612)340 4644 sot. o�9 vwrrcovvEa COSTA MESA law.wm June 7,2000 Spencer Isom Assistant City Manager City of St. Anthony 3301 Silver Lake Road St. Anthony, MN 55418-1699 Re: Metricom,Inc. Right-of-Way Permit and Facility Use Agreement Dear Spencer: As you requested, I have reviewed the proposed agreement with Metricom,Inc. for use of the City-owned street light poles and light fixtures and other City-owned structures within the public rights- of-way for installation of radios and related equipment by Metricom, Inc. as part of a mobile digital data communications radio network known as"Ricochet." I have also seen a copy of the draft of the agreement as,reviewed and revised by Tom Grundhoefer at the League of Minnesota Cities,and as also reviewed and revised by Jim Strommen, with the Kennedy & Graven firm,as attorneys for the Suburban Rate Authority. Generally speaking,the agreement with the changes required by Tom Grundhoefer and Jim Strommen is in reasonably good form,and my additional comments are limited. There are,however, several points you should consider: 1. In Section 2, the term is for g-yrzars,and it renews automatically for three successive terms of 5 years each, for a total possible 24 years. It has a provision that pernuts either party to notify the • other of its intention not to renew if notice is given 180 days prior to the renewal term. There is no such' termination right during the original 9-year term.