02-28-2000 Council Packet - Laserfiche WebLink

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size or smaller than ttie City as compared witti cities in the Minnesota counties of Anoka, Carver, Dakota, Hennepin, Famsey, Scott and Washington,, which agreement contaii\s eitiier (a) a higher Right-of Way Management Reimbursement as described in § 4.1 above or (b) a higher Annual Fee as described in § 4.2 above or (c) a higher amount of Reimbursement of City's Project Review Expenses as described in § 4.4 above. City shall have the right to require tiiat Metricom modify this Use Agreement to incorporate ttte same or substantially similar superior benefits and such other terms. 5 Relocation and D isplacement of Radios . Metricom understands and acknowl edges that City may require Metricom to relocate one or more of its Radios, and Metricom shaD atCity% direction relocate such Radios at Metricom's sole costand expense, whenever City reasonably determines that the relocation is needed for any of tiie following purposes: (a) if required for tt\e construction, completion, repair, relocation, or maintenance of a~City prqject7(b) because the Radio is interfering witfi or gnals Municipal Facilities; or (c) to protect or preserve the public health or safety. In any sueh-case? City shall use reasonable efforts-to afford Metricom a reasonably equivalent alternate location with no duty to incur any expenses or cost to City. If Metricom shall fail to relocate any Radios as requested by the City within a reasonable time under the circtxmstances- iR accordance with- toe foregoing provision. City shall be entitled to relocate toe Radios at Metricom's sole cost and expense, w’ithout further notice to Metricom. To toe extent the City has actual knowledge thereof, the City will attempt prom Radio is located. 5.1 Relocations at Metricom's Request. In the event Metricom desires to relocate any Radios from one Municipal Facility to another, Metricom shall so advise City. City w'ill use reasonable efforts to accommodate Metricom by making anotoer reasonably equivalent Municipal Facility available for use in accordance with and sul^ect to toe terms and co nditions of this Use Agreement 5.2 Damage to Public Right of Way. Whenever the removal or relocation of Radios is required or permitted imder tois Use Agreement and such removal or relocation shall cause toe Public Right of Way to be damaged, Metricom, at its sole cost and expense, shaU promptly repair and return the Pubbc Right of Way in which the Radios are located to a safe and satisfacto ry conditi on-nr accordance with applicable Laws, normal wear and tear excepted. If Metricom does not repair the site as just described, then the City shall have the option, upon fifteen (15) days^ prior written 4 Righl-if-lVay Pirndtaml Faciltty Uft As^ffment Oty cfOrano :: Slftncom, Inc. Page9ofl6