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<br />.. ~ Persons; and further shall be subject to "all deeds, easements; dedications, ~Z ;
<br />~ conditions, covenants; restrictions, encumbrances and claims of title which.may. .
<br />, , affect the Public Right-of-Way. Nothing iri this Permit shall be'.deemed to grant, ;~ :
<br />_. convey, create, or vest a perpetual real property interest in .land in Metricom,
<br />, - including any fee or leasehold interes't,~easement; or:any'franchise rigHts.~ .. ~
<br />~~ 2. ` Subject to_obtaining any permits as mighf: be required under City's chaiter,
<br />: municipal code or.other applicable rules or regulations, the, City.liereby authorizes ,
<br />~. and permits Metricom, to ~ attach, install;. operate, maintain, remove; reattach, ~
<br />~ = - ,'reinstall, relocate, and reglace Radios on City Pole Arms, within the Public Right- .;
<br />of-Way for the purposes of providing Services to; Persons located within or without
<br />. ~ the limits`of the City. Any work performed~pursuant to the rights granted under.: , -
<br />: • this Permit, may, at the City's option, be subject to the prior review and approval ~
<br />~~ ~ of. tfie Public Works. Director.' During the term of this Permit, the location of :each ~~
<br />~. Radio installed by Metricom or, its designee shall ,be disclosed, in writing, ~to the - '
<br />` City by Metricom witlun ten (10) days before its installation, iemoyal, or , :
<br />~.. , -relocation.. Such identifcations shall t~e incorporated in F~chibit D, attached hereto
<br />, and are incorporated herein by this reference to" fhis Permit and shall not change ~.
<br />. ~ ' _except upon submittal of a revised Exhibit D, and a written request for a ~ ,
<br />; ~ modification of the, number andlor location of such' Radios. Revised Exhibit D
<br />, and request for modification shall; be subject to the review and appro'val of the -
<br />, - Director of Public Works. • ,
<br />` ; ,; .. 3. ,,~.The,Radios will be connected into the photocell socket of the pole luminaries. .
<br />. ~. 4: ,.~Except as permitted by applicable Laws or.this Pertiit; in the perfonnance and _
<br />~ exercise of its rights and obligations under this Permit, Metricom shall not
<br />'~ - '~ ~~ interfere-in any manner with the ezistence and operation of any and all public,and: - ~;
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<br />' private rights-of-way, sanitary sewets, water'mains, storm diains, gas~ mains, poles;
<br />.. - `aerial and underground electric and telephone ~wires, electroliers, cable television - .
<br />~ ~ ', and' other telecommunications, utility and municipal property without the ezpress
<br />~~ ~ , . written approval of the o"wner or owners of ~the affected property or properties:- .
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<br />~ 5: "~ Metricom shall comply with all applicable Laws in the`exercise and performance of; ~.
<br />' _ - its rights., and obligations under this Permi~ ,: If required by applicable Laws,
<br />: ~ " Metricom shall obtain'the approval of the Radios subject to this Pernut, and ~ ~ ~
<br />~ ~ ~ ~~ - seeure any required assessment of the impact that the Radios subject.to this
<br />.. : Pernut may have upon the environmen~ , Z
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<br />6: ~. Metricom represents. that the Radios subject to this Permit will tie. utilized
<br />' exclusively for the readering of Services: If the nature or character of Services or .
<br />~, ,,~ ,. Radios materially. changes in, the future to include the offering of services not ~ ~ ~
<br />.~; '. ~ described under this Pemut, or coastitutes a material variation~ of~ the size of any,` ' `
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<br />-~ Radio subject `to this Perinit, then.Metricom shall request approyal from tlie City, ~- ~ -
<br />. ~ ~. -° in ~writing; as soon as practicable. . Such request shall be served at least orie (1) :`. ~_
<br />-~ month prior, to the proposed,effective. date of any.material change in the nafure,~or .
<br />. ' . character of Sen-ices. ~
<br />~ ~_ 7.: ~.The City_further reserves the,right to modify the seryice voltage ~delivered to or at
<br />, _: any Pole Arm on which a Radio may be located. Metricom shall replace or modify . ~
<br />Metricom - Permit fo Attach, Install, Operate aad Maintain A, ~ _
<br />Wireless Data Commuaications Radio Netwock on City-Owned Facilities PSge 3 "
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