02-28-2000 Council Packet - Laserfiche WebLink

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^ * 33 Location and Installation of Radios. The proposed locations of Metricom's planned initial installation of Radios shall be determined subject to the reasonable prior review and approval of the City, promptly after Metricom's review of available street light maps and prior to deployment of tfie Radios. Upon the completion of installation, Metricom promptly shall furnish to the City a pole list showing the exact location of die Radios in tiie Public Right of Way. 4 C ompensation ; U ttuty charges . Metricom shall be solely responsible for ttie pa yment of all lawful in connection with Metricom's performance under this Use Agreement in accordance witfi ttie terms set forfli below. 4J.RighkofrWay Management Reinibuxsement. In order to reimburse City for any right-of-way management costs it may mcur during the term of this Use Agreement following the initial deployment of the Radios in connection with Metricom's entry upon and deployment within the Public Right of Way, Metricom shall pay to the City, on an annual basis, an amountpquaftD'Dne'percent(!%)■ of Adjusted Gfoss Revenues (the 'Right- of-Way Management Reimbursementf'), which amount may be collected from subscribers of the Services with billing addresses in the City and remitted to City as provided herein. The parties agree that such Right-of-Way Management Reimbursement represents a fair estimate of ttie costs of continuing management of the Public Right of Way utilized hy Metricom an<Lttiat such Right-of-Way Management Reimbursement is not a franchise fee or payment for use of the Public Right of Way. The Right-of-Way Management Reimbursement shall be payable for the period commencing upon-the date-thatServices are offered to commercially paying subscribeis within the City using Radios installed pursuant to this Use Agreement and ending on the date of termination of this Use Agreement andshall be due on.or before the 45* day after the end of each calendar year or fraction thereof. Within forty-five (45) days after the termination of this Use Agreement compensation shall be paid for the period elapsing since the end of the last calendar year for which compensation has been paid. Mebicom shall furnish to the City with each payment of compensation required by this sectrorr a statement executed by an authorized officer of Metricom or his or her designee, showing the amount of Adjusted Gross Revenues for the period covered by the payment If Metricom discovers any error4rr the correct amount of compensation due, the City shall be paid within thirty (30) days of discovery of the error or determination of the correct amount Any overpayment to the City through error or otherwise shall be refunded or offset against the next payment due. Acceptance by the Permit and facility UuA^eemmt City ofOrono :: Metricom, tnc. Pa^e Softs p 1