CC RES 00-053 A RESOLUTION APPROVING THE AGREEMENT WITH METRICOM, INC. FOR A RIGHT-OF-WAY PERMIT AND FACILITY USE

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ST. ANTHONY Right-of-Way Permit and Facility Use Agreement F IS RIGHT-OF-WAY USE AGREEMENT (this "Use Agreement') is dated as of 2 2000 (the "Effective Date"), and entered into by and between the CITY OF ST. ANTHONY, a Minnesota local government unit (the "City"), and METRICOM, INC., a Delaware corporation ("Metricom"). Recitals A. Metricom owns, maintains, and operates, in accordance with regulations promulgated by the Federal Communications Commission, a mobile digital .data communications radio network known as Ricochet®, utilizing Radios (as defined in § 1.10 below) and related equipment certified by the Federal Communications Commission. B. For purpose of operating Ricochet®, Metricom wishes to locate, place, attach, install, operate, and maintain Radios in the Public Right of Way (as defined in § 1.9 below) on facilities owned by the City, as well as on facilities owned by third parties therein. Agreement NOW , therefore, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree to the following covenants, terms, and conditions: 1 DEFINITIONS. The following definitions shall apply generally to the provisions of this Use Agreement: 1.1 Adjusted Gross Revenues. "Adjusted Gross Revenues" means the gross dollar amount received by Metricom for its Services (as defined in § 1.11 below) provided to subscribers with billing addresses in the City, excluding (i) anV utility users' tax, communications tax, or similar tax or fee; (ii) local, state, or federal taxes that have been billed to the subscribers and separately stated on subscribers' bills; and (iii) revenue uncollectible from subscribers (i.e., bad debts) with billing addresses in the City that was previously included in Adjusted Gross Revenues. Right-of-Wa v Permit and facility U_w Agreement City of St.Anthony::Metricom 1,7c. Page 1 of 15