02-28-2000 Council Packet - Laserfiche WebLink

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relevant portions of its books and records as reasonably necessary to confirm toe accuracy of any payments due toe City under this Usg. 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 toe use of Municipal Facilities, Metricom.shall pay to the City an annual fee (toe Annual Fee^^) in toe amount of Sixty Dollars ($60.00) for toe use of each Murucipal Facility, if any, upon which a Radio has be^ installed pursuant to tois Use Agreement Where light poles or other facilities to be used by Metricom w’itoin toe Public Right of Way are owned by a utility, such annual fee shall be paid to toe appropriate utiKty and not to toe City. The aggregate Annual Fee with respect to each year of toe term shall be an amount equal to the number of Radios installed on Municipal Facilities during toe preceding twelve (12) months multiplied by the Annual Fee, prorated as appropriate, and shall be due and payable not later toan forty-five (45) days after each anniversary of toe Installation Date. City represents and covenants-toat-City-ownS'all-MttRieipal-FacilitieS'for the use of which it is collecting from Metricom toe Annual Fee pursuant to tois § 4.2. 4.2.1 CPI Adjustment. Effective commencing on toe fifth (5*) anniversary of toe Installation Date and continuing on each fifth (5^) annivefsaiy- thereafter durmg the term, toe Annual Fee with respect to toe 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,. Bureavuof Labor Statistics Consumer Price Index (All Items, All Consumers, 1982-1984=100) which occurred during toe previous five-year period for the Midwest Urban Region Consolidated Metropolitan Statistical Area. 43.. Fl«irh-iriiy rfiargoa, Metricom shallbesolety responsible for toe payment of all electrical utility charges to the applicable utility company based upon toe Radios^ usage of el^tricity and applicable tariffs. 4.4 Reimbursement of City's Project Review ^penses. Metricom shall reimburse the.City at City's standard rates for reasonable attorney's fees and other project review expenses relating to the preparation and review of this Use Agreement, promptly upon receipt of itemized bills, paid invoices, and other such documentation as Metricom shall reasonably require, and in a total amount not to exceed One Thousand Dollars ($1,000). The reimbursement provided for in tois § 4.4 shall not replace or RiSht-cf-Way Ptrmt and Facility UuAgreement Qty cfOrono :: Metricom. Inc. Page 7(^16