HomeMy WebLinkAbout07/02/1996, C-4 - PERMIT FOR A WIRELESS DIGITAL COMMUNICATIONS RADIO NETWORK counaL
j acEnoa Repoin '`�"
CITY OF SAN LUIS OBISPO
FROM: Michael D. McCluskey, Public Works DirecteW�
Prepared By: David Elliott, Administrative Analyst y�
SUBJECT: Permit for a Wireless Digital Commations Radio Network
CAO RECOMMENDATION
Authorize the public works director to issue an encroachment permit for Metricom,
Incorporated to install and operate a wireless digital communications radio network on
facilities located in the public right of way
DISCUSSION
Background
Metricom, Incorporated has asked the City to issue a non-exclusive encroachment permit so
that it can install about 50 shoebox-size radio transmitters throughout the City on City-owned
street lights. These transmitters would be located 1/4 mile to two miles apart and would form
a wireless radio network which Metricom's subscribers could use to send and receive data
from their computers using radio modems. The chief advantage of such a system is the
ability to use a computer modem from many different locations without being tied to a wired
connection like a phone line.
Metricom could conceivably install these transmitters on buildings and other facilities outside
of the public right of way and avoid the need for an encroachment permit. But installing
them within the public right of way makes sense because 1) most of the subscribers would be
using the network from their vehicles and 2) Metricom only has to deal with one property
owner.
Metricom is a publicly-held corporation, traded over-the-counter on the NASDAQ market.
Since 1992 public offerings and private investments have raised $11.1 million, including a $6
million investment from Microsoft Corporation. To date Metricom has received permits from
65 cities in six states, including 51 cities in California.
Policy Issues
On April 2, 1996 the Council considered a proposal by SLO Cellular to install a cellular
transceiver and large antenna on South Street Hills. The primary issue with that proposal was
location of potentially obtrusive equipment on a sensitive hillside site, and the Council
approved the proposed location with mitigation. As an alternative to installing a single large
transceiver and antenna, Community Development suggested installing multiple small
Council Agenda Report - Permit for a Wireless Digital Communications Radio Networik
Page 2
transceivers similar to the system proposed by Metricom. This alternative was not favored by
SLO Cellular, and the Council did not select it.
From the Council action on April 2 it might be possible to infer a policy which favors a
single large (and obtrusive) transmitter/antenna over several small (and relatively unobtrusive)
transmitters. Public Works does not think that was the Council's intention, but if it were,
Metricom's proposal would not comply with it. Metricom's technology does not provide for
installation of a single large transmitter.
Community Development.favors Metricom's proposed installation of several small transmitters
if that installation does not violate the Council's intentions at the April 2 meeting.
Permit Conditions
The permit contains several conditions which regulate Metricom's installation and use of its
wireless radio network in the public right of way. Significant conditions include:
O an initial term of six years with a possible renewal term of nine years by mutual
agreement (Section 2)
O review and approval by the City before any work is performed (Section 3.2)
O restrictions on the size and appearance of the transmitters (Section 3.4)
O non-interference by Metricom with any operations in the public right of way
(Section 3.5)
O non-interference by Metricom with any City radio communications (Section 3.6)
O the right of the City to have the transmitters removed or relocated (Section 5)
O the right to terminate the permit for default with 45 days notice (Section 10)
O the availability of an operator 24 hours a day seven days a week to receive reports of
problems or complaints (Section 11.6)
When mounted on City-owned street lights, Metricom transmitters would tap into the power
supplies for those lights, which are unmetered. The City pays a flat monthly rate per light to
PG&E for this power, and Metricom would also pay a similar flat rate to PG&E.
In order to use the street light power supplies, Metricom would attach the transmitters to
street light mastarms immediately adjacent to the light fixtures. (See the attached
photograph.) Because the transmitter enclosures are manufactured of die-cast aluminum
which closely matches the color and texture of the adjacent light fixture, the transmitters
would be relatively unobtrusive in their installed locations.
FISCAL EMPACr
The permit requires Metricom to pay the City an annual fee of 60 dollars for each transmitter
installed on a City-owned street light. The permit requires this fee to be increased annually
Agenda Report- Permit for a Wireless Digital Communications Radio Network
Page 3
based on a consumer price index. (Of the 65 cities which have granted permits to Metricom,
64 accepted Metricom's proposal of a 60 dollar annual fee. Seattle chose to assess a six
percent fee similar and equivalent to its franchise fees on public utilities. Revenue under this
arrangement has averaged 17 dollars per year per transmitter.)
This provision could result in about 3,000 dollars of additional revenue each year to the
general fund. In the future, the City has the option of receiving either a) one Metricom
subscription in lieu of one annual fee (up to 50 subscriptions) or b) one Metricom
subscription plus one radio modem in-lieu of two annual fees (up to 20 combination
subscription/modems). As geographic information system (GIS) applications come on line the
City may want to exercise these options. This technology would allow employees with
portable computers in the field to gain direct access to maps and databases without returning
to their base offices.
Attachments
0 Photograph of installed transmitter
0 Permit to Attach, Install, Operate and Maintain a Wireless Digital Communications
Radio Network
h:kignalAmetrieom.agn
a v.
s M
.. Y
zz
1.
ti
t ,
LAI
74�
law
PERMIT TO ATTACH, INSTALL, OPERATE AND MAINTAIN
A WIRELESS DIGITAL COMMUNICATIONS RADIO NETWORK
This Permit, dated
San Luis Obispo to Metricom, Inc. , is issued by the City of
RECITALS
WHEREAS, under California law, the City has the right and power to regulate the
time, location, and manner of attachment, installation, operation, and maintenance of wireless
digital communications radios in the public right-of-way within the limits of the City; and
WHEREAS, Metricom, Inc. wishes to attach, install, operate, and maintain a wireless
digital communications radio network on facilities located in the public right-of-way for
purposes of operating its Ricochet wireless digital communications radio network;
NOW, THEREFORE, for good and valuable consideration the receipt and sufficiency
of which is hereby acknowledged, this Permit is issued under the following covenants, terms,
and conditions:
1. Definitions.
1.1 "Agency" means any governmental agency or quasi-governmental agency other
than the City, including the FCC and the PUC.
1.2 "City" means the City of San Luis Obispo.
1.3 "Effective Date" means the date first stated above.
1.4 "FCC" means the Federal Communications Commission.
C-V-sem
1.5 "Fee" means any assessment, license, charge, fee, imposition, tax (but
excluding any utility users' tax or franchise fees), or levy lawfully imposed by any
governmental body.
1.6 "Laws" means any and all judicial decisions, statutes, constitutions, ordinances,
resolutions, regulations, rules, tariffs, administrative orders, certificates, orders, or other
requirements of the City or other Agency having joint or several jurisdiction over the parties
to this Permit, in effect either at the time of execution of this Permit or at any time during the
presence of radios in the public right-of-way.
1.7 "Metricom" means Metricom, Inc., a corporation duly organized and existing
under the laws of the State of Delaware, and its lawful successors, assigns, and transferees.
1.8 "PUC" means California Public Utilities Commission.
1.9 "Permit" means this "Permit to Attach, Install, Operate, and Maintain a
Wireless Digital Communications Radio Network".
1.10 "Person" means an individual, a corporation, a limited liability company, a
general or limited partnership, a sole proprietorship, a joint venture, a business trust, and any
other form of business association.
1.11 "Provision" means any agreement, clause, condition, covenant, qualification,
restriction, reservation, term, or other stipulation in this Permit that defines or otherwise
controls, establishes, or limits the performance required or.permitted by any party to this
Permit. All Provisions, whether covenants or conditions, shall be deemed to be both
covenants and conditions.
1.12 "Public Right-of-Way" means in, upon, above, along, across, under., and over
the public streets, roads, lanes, courts, ways, alleys, boulevards, and places, including,
without limitation, all public utility easements and public service easements, as the same now
or may thereafter exist that are under the jurisdiction of the City. This term shall not include
any property owned by any Person or Agency other than the City, except as provided by
applicable Laws or pursuant to an agreement between the City and any such Person or
Agency.
1.13 "Radio Month" means a calendar month during which a Radio occupies space
on a City-owned pole or other City-owned property, even if such occupancy is less than the
entire month.
1.14 "Radios" means that radio equipment to be installed and operated by Metricom
hereunder.
2
C-'1-�
1.15 "Ricochet MCDN" means Ricochet MicroCellular Digital Network, a wireless
digital communications microcellular radio network owned and operated by Metricom.
1.16 "Services" means the wireless digital communications services provided
through Ricochet by Metricom.
2. Term.
This Permit shall be for a term of six (6) years, unless it is earlier terminated by
either party in accordance with the provisions herein and shall commence on the "Effective
Date". This Permit may be renewed for an additional nine (9) year term by mutual
agreement of Metricom and the the City on the same terms and conditions as set forth herein
(except that the Annual Fee shall be subject to adjustment as provided in Section 4.3), unless
Metricom notifies City of its intention not to renew prior to commencement of the renewal
term.
3. Scope of Permit.
3.1 Any and all rights expressly granted to Metricom under this Permit, which
shall be exercised at Metricom's sole cost and expense, shall be subject to the prior and
continuing right of the City under applicable Laws to use any and all parts of the Public
Right-of-Way only, exclusively or concurrently, with any other Person or Persons, and
further shall be subject to all deeds, easements, dedications, conditions, covenants,
restrictions, encumbrances and claims of title which may affect the Public Right-of-Way.
Nothing in this Permit shall be deemed to grant, convey, create, or vest a perpetual real
property interest in land in Metricom, including any fee or leasehold interest, easement, or
any franchise rights.
3.2 The City hereby authorizes and permits Metricom to attach, install, operate,
maintain, remove, reattach, reinstall, relocate, and replace Radios in or on City street light
poles, lighting fixtures, electroliers, or other City-owned property located within the Public
Right-of-Way for the purposes of providing Services to Persons located within or without the
limits of the City. Any work performed pursuant to the rights granted under this Permit must
have prior review and approval by the City. During the term of this Permit, the location of
each Radio installed by Metricom or its designee shall be disclosed, in writing, to the City by
Metricom within ten (10) days after its installation, removal, or relocation. Such
identifications shall be incorporated in Exhibit A to this Permit.
3.3 The City hereby authorizes and permits Metricom to attach, install, operate,
maintain, remove, reattach, reinstall, relocate, and replace such number of Radios in or on
poles or other structures owned by public utility companies or other property owners located
within the Public Right-of-Way as may be permitted by the public utility company or property
3
C-S/-7
owner, as the case may be. Metricom shall furnish to the City documentation of said
permission from the individual utility/property owner responsible.
3.4 The size of each Radio installed by Metricom shall not exceed twelve (12)'
inches wide by ten (10) inches deep by seven (inches) tall. The weight of each Radio
installed by Metricom shall not exceed six (6) pounds. If the exterior surface of a Radio is
painted, Metricom shall receive prior written approval from the City of the paint color and
paint scheme. The exterior surface of a Radio shall not have any logos, advertisements, or
other such markings.
3.5 Except as permitted by applicable Laws or this Permit, in the performance and
exercise of its rights and obligations under this Permit, Metricom shall not interfere in any
manner with the existence and operation of any and all public and private rights-of-way,
sanitary sewers, water mains, storm drains, gas mains, poles, aerial and underground electric
and telephone wires, electroliers, cable television, and other telecommunications, utility, and
municipal property without the express written approval of the owner or owners of the
affected property or properties.
3.6 Metricom shall not interfere in any manner with the City's radio
communications system.
3.7 Metricom shall comply with all applicable Laws in the exercise and
performance of its rights and obligations under this Permit.
3.8 The City further reserves the right to modify the service voltage delivered to or
at any street light pole or utility pole on which a Radio may be located. Metricom shall
replace or modify any Radio that will be affected by such voltage modifications within thirty
(30) days of receiving notice of voltage modifications. In the event that Metricom fails to
replace or modify any Radio within the thirty-day notice period before the voltage
modification, the City may disconnect any such Radio until Metricom performs and completes
the necessary work and advises City accordingly.
4. Fees and Taxes.
4.1 Metricom acknowledges and agrees that the City may require users of revenue-
producing services such as the Services to pay a utility users' tax ("Utility Tax") to the City
pursuant to City's Municipal Code. If the Services are subject to the Utility Tax, Metricom
agrees to collect the tax from Service users and remit such tax to the City in accordance with
the City's Municipal Code.
4.2 Metricom shall be solely responsible for the payment of all lawful Fees
(including possessory interest taxes) and for the payment of utility charges in connection with
the exercise of Metricom's right, title, and interest in, and the attachment, installation,
4
C�
operation, and maintenance of Radios, and the rendering of Services under this Permit.
4.3 Metricom shall pay the City an annual fee (the "Annual Fee") in the amount of
sixty dollars ($60 00) for the use of each City-owned pole or other City-owned property, upon
which a Radio has been installed pursuant to this Agreement. The initial Annual Fee shall be
due and payable not later than the date of installation of the first Radio under this Permit (the
"Installation Date"), and shall equal the number of Radios Metricom then estimates it will
install during the succeeding twelve (12) months on City -owned poles or other City-owned
property multiplied by the Annual Fee. The Annual Fee for subsequent years shall be due
and payable not later than thirty (30) days following each anniversary of the Installation Date
and shall equal the total number of Radios then installed on City-owned poles or other City-
owned property pursuant to this Permit multiplied by the Annual Fee, adjusted for the Prior
Year Adjustment, as described immediately below. The Prior Year Adjustment shall either
increase or decrease a subsequent year's aggregate Annual Fee to account for the installation
or removal of Radios during the prior year, and shall equal the difference between (i) the
total number of Radios used to calculate the prior year's aggregate Annual Fee multiplied by
twelve (12), and (ii) the actual number of Radio Months which occurred during such year,
multiplied by one-twelfth of the Annual Fee.
The Annual Fee shall be increased effective January of the first year of each renewal
term hereof based on the percentage change in the U.S. Department of Labor, Bureau of
Labor Statistics, Consumer Price Index of all items, Base 1982-1984, for the San Francisco-
Oakland-San Jose Metropolitan Statistical Area which occurred during the previous term or
renewal term.
5. Removal and Relocation of Radios.
5.1 Metricom understands and acknowledges that the City may require Metricom to
relocate, and Metricom shall, at the City's direction, relocate upon fifteen (15) business days'
prior written notice in situations described in subsection (a) below, and immediately in
situations described in subsections (b) and (c) below, at Metricom's sole cost and expense, a
Radio whenever the City reasonably determines that the relocation is needed: (a) to facilitate
or accommodate the construction, completion, repair, relocation or maintenance of a City
project, (b) because the Radio is interfering with or adversely affecting proper operation of
City light poles, traffic signals or other City facilities, or (c) to protect or preserve the public
health, safety, or welfare. If Metricom shall fail to relocate any Radios r requested by the
City in accordance with the foregoing sentence, the City shall be entitled to relocate the
Radios at Metricom's sole cost and expense.
5.2 In the event Metricom desires to relocate any Radios from one City-owned pole
or other property to another City-owned pole or other property, Metricom shall so advise
City. The City will use its best efforts to accommodate Metricom by making another
functionally equivalent City-owned pole or other property available for use in accordance with
5
and subject to the terms and conditions of this Permit.
5.3 In the event that any Radio subject to this Permit is abandoned and no longer
placed in service for a period of ninety (90) days or more, Metricom promptly shall notify
the City, and the City, at its option, may require Metricom to promptly remove the
abandoned Radio(s) at Metricom's sole cost and expense or dedicate the same to the City.
The City shall not issue notice to Metricom that the City intends to exercise the option to
require removal or dedication of Radios, unless and until the City first gives fifteen (15) days
prior written notice to Metricom to remove the Radios. If Metricom shall fail to remove the
Radios as required by the City, the City shall be entitled to remove the Radios at Metricom's
sole cost and expense. Metricom shall execute such documents of title as will convey all
right, title, and interest in the abandoned Radios, but in no other Metricom property,
intellectual or otherwise, to the City.
5.4 Whenever the removal or relocation of Radios is required under this Permit
and such removal or relocation shall cause the Public Right-of-Way to be damaged,
Metricom, at its sole cost and expense, promptly shall repair and return the Public Right-of-
Way, in which the Radios are located, to a safe and satisfactory condition in accordance with
applicable Laws, normal wear and tear expected. If Metricom does not repair the site as just
described, then the City shall have the option to perform or cause to be performed such
reasonable and necessary work on behalf of Metricom and charge Metricom for the proposed
costs to be incurred, or the actual costs incurred by the City, at City's standard rates. Upon
00 the receipt of a demand for payment by the City, Metricom shall reimburse the City for such
costs.
6. Construction Permit.
6.1 In the event that the attachment, installation, operation, or maintenance of
Radios shall require any construction work in the Public Right-of-Way, Metricom shall apply
for the appropriate street opening and other permits required by law.
Upon the completion of construction work, Metricom promptly shall furnish to the
City, in hard copy and Metricom's electronic format, suitable documentation showing the
exact location of the Radios in the Public Right-of-Way.
7. Indemnification and Waiver.
7.1 Metricom agrees to indemnify, protect, defend (with counsel acceptable to the
City) and hold harmless the City, its council members, officers, employees, and agents, from
and against any and all claims, demands, losses, damages, liabilities, fines, charges,
penalties, administrative and judicial proceedings and orders, judgments, remedial actions of
any kind, and all costs and cleanup actions of any kind, all costs and expenses incurred in
6
C— eV
connection therewith, including, without limitation, reasonable attorney's fees and costs of
defense (collectively, the "Losses") arising, directly or indirectly, in whole or in part, out of
the activities or facilities described in this Permit, except to the extent arising from or caused
by the sole or gross negligence or willful misconduct of the City, its council members,
officers, employees, agents or contractors.
7.2 The waiver by the City of any breach or violation of any Provision of this
Permit by Metricom shall not be deemed to be a waiver or a continuing waiver by the City of
any subsequent breach or violation of the same or any other Provision of this Permit by
Metricom.
7.3 Metricom waives any and all claims, demands, causes of action, and rights it
may assert against the City on account of any loss, damage, or injury to any Radio or any
loss or degradation of the Services as a result of a sudden or gradual loss or change of
electrical power caused by, among others, an Act of God, an event or occurrence which is
beyond the reasonable control of the City, a power outage, a lightning strike, or occasioned
by the installation, maintenance, replacement or relocation of any City-owned facility to
which such Radio is attached.
7.4 The City shall be liable only for the cost of repair to damaged Radios arising
from the sole or gross negligence or willful misconduct of City or its employees or agents,
and the City shall not be responsible for any damages, losses, or liability of any kind
occurring by reason of anything done or omitted to be done by the City or by any third party,
including, without limitation, damages, losses, or liability arising from the issuance or
approval by the City of a permit to any third party or any interruption in Services.
S. Insurance.
8.1 Metricom shall obtain and maintain at all times during the term of this Permit
comprehensive general liability insurance and comprehensive automotive liability insurance
Protecting Metricom in an amount of not less than one million dollars ($1,000,000) per
occurrence (combined single limit), including bodily injury and property damage, and not less
than one million dollars ($1,000,000) aggregate, for each personal injury liability, products-
completed operations, and each accident. Such insurance shall name the City, its council
members, officers,employees, agents, and contractors as additional insureds as respects any
liability arising out of Metricom's performance of work under this Permit, or suitable
additional insured endorsement acceptable to the City. Coverage shall be provided in
accordance with the limits specified and the Provisions indicated herein. Claims-made
policies are not acceptable. When an umbrella or excess coverage is in effect, coverage shall
be provided in following form. Such insurance shall not be canceled or materially altered to
reduce coverage until the City has received at least thirty (30) days advance written notice of
such cancellation or change. Metricom shall be responsible for notifying the City of such
change or cancellation.
7
8.2 Metricom shall file the required original certificate(s) of insurance with
endorsements with the City, subject to the City's prior approval, which shall clearly state:
8.2.1 Policy number; name of insurance company; name, address and
telephone number of the agent or authorized representative; name, address and telephone
number of insured; project name and address; policy expiration date; and specific coverage
amounts;
8.2.2 That thirty (30) days prior notice of cancellation is unqualified as to the
acceptance of liability for failure to notify the City; and
8.2.3 That Metricom's insurance is primary as respects any other valid or
collectible insurance that the City may posses, including any self-insured retentions the City
may have, and any other insurance the City does possess shall be considered excess insurance
only and shall not be required to contribute with this insurance.
The certificate(s) of insurance with endorsements and notices shall be mailed to:
City of San Luis Obispo, Public Works
955 Morro Street
San Luis Obispo, CA 93401
8.3 Metricom shall obtain and maintain at all times during the term of this Permit
statutory workers' compensation and employer's liability insurance in an amount not less that
five hundred thousand dollar ($500,000) or such other amounts as required by California law,
and furnish the City with a certificate showing proof of such coverage.
8.4 Any insurance provider of Metricom shall be admitted and authorized to do
business in California and shall be rated at least A: X in A.M. Best and Company's Insurance
Guide. Insurance certificates issued by non-admitted insurance companies are not acceptable.
8.5 Prior to the execution of this Permit, any deductibles or self-insured retentions
must be stated on the certificate(s) of insurance, which shall be sent to and approved by the
City. "Cross liability", "severability of interest" or "separate of insureds" clauses shall be
made a part of the comprehensive general liability and comprehensive automobile liability
policies.
9. Notices.
All notices which shall or may be given pursuant to this Permit shall be in writing and
delivered personally or transmitted: (i) through the United States mail, by registered or
certified mail, postage prepaid; (ii) by means of prepaid overnight delivery service; or (iii) by
facsimile transmission, if a hard copy of the same is followed by delivery though the U. S.
8
mail or by overnight delivery service as just described, as follows:
City Public Works Director
City of San Luis Obispo
955 Morro Street
San Luis Obispo, CA 93401
Metricom Metricom, Inc.
Attention: Property Manager
980 University Avenue
Los Gatos, CA 95030
Notices shall be deemed given upon receipt in the case of personal delivery, three (3)
days after deposit in the mail, or the next day in the case of overnight delivery. Either party
may from time to time designate any other address for this purpose by written notice to the
Other party in the manner set forth above.
10. Termination.
This Permit may be terminated by either party upon forty five (45) days prior written
notice to the other party upon a default of any material covenant or term hereof by the other
party, which default is not cured within forty five (45) days of receipt of written notice of
default (or, if such default is not curable within forty five (45) days or fails to thereafter
diligently prosecute such cure to completion), provided that the grace period for any monetary
default is ten (10) days from receipt of notice.
11. Miscellaneous Provisions.
11.1 This Permit shall not be assigned by Metricom without the express written
consent of the City, which consent shall not be unreasonably withheld or delayed. Any
attempted assignment in violation of this Section shall be void. The transfer of the rights and
obligations of Metricom to a parent, subsidiary, or other affiliate of Metricom, or to any
successor-in-interest or entity acquiring fifty one percent (51%) or more of Metricom's stock
or assets, shall not be deemed an assignment. Metricom shall give to the City thirty (30)
days prior written notice of any such transfer.
11.2 The City understands that Metricom will be operating in one or more bands of
the radio spectrum for which no license from the FCC is required. Metricom understands
that this Permit does not provide Metricom with exclusive use of any City-owned poles or
property and that the City shall have the right to permit other providers of
telecommunications services to install equipment or devices in the Public Right-of-Way.
However, the City agrees to promptly notify Metricom of the receipt of a proposal for the
9
4'—y/3
installation of communications equipment or devices in the Public Right-of-Way, irrespective
of whether a license is required by the FCC for the operation thereof. In addition, the City
agrees to advise such other providers of telecommunications services of the presence or
planned deployment of the Radios in the Public Right-of-Way.
11.3 This Permit contains the entire understanding between the parties with respect
to the subject matter herein. There are no representations, agreements or understandings
(whether oral or written) between or among the parties relating to the subject matter of this
Permit which are not fully expressed herein.
11.4 This Permit may not be amended except pursuant to a written instrument
signed by both parties.
11.5 If any one or more of the Provisions of this Permit shall be held by court of
competent jurisdiction in a final judicial action to be void, voidable, or unenforceable, such
Provision(s) shall be deemed severable from the remaining Provisions of this Permit and shall
in no way affect the validity of the remaining portions of this Permit.
11.6 Metricom shall be available to the staff employees of any City department
having jurisdiction over Metricom's activities 24 hours a day, 7 days a week, regarding
problems or complaints resulting from the attachment, installation, operation, maintenance, or
removal of the Radios. The City may contact by telephone the network control center
operator at telephone number 800/556-6123 regarding such problems or complaints.
' 11.7 This Permit shall be governed and construed by and in accordance with the
laws of the State of California. In the event that suit is brought by a party to this Permit, the
parties agree that trial of such action shall be vested exclusively in the state courts of
California, County of San Luis Obispo.
11.8 All exhibits referred to in this Permit and any addenda, attachments, and
schedules which may, from time to time, be referred to in any duly executed amendment to
this Permit are by such reference incorporated in this Permit and shall be deemed a part of
this Permit.
11.9 This Permit is binding upon the successors and assigns of the parties hereto.
11.10 Metricom acknowledges that the City may develop rules, regulations, and
specifications for the attachment, installation, and removal of Radios and any similar purpose
radios on the City-owned facilities, including poles, and such rules, regulations, and
specifications, and when finalized, shall govern Metricom's activities hereunder as if they
were in effect at the time this Permit was executed by the City; provided, however, that in no
event shall such rules, regulations or specifications materially interfere with or affect
Metricom's right to install Radios, or Metricom's ability to transmit or receive radio signals
from Radios installed, pursuant to and in accordance with this Permit.
10
11.11 To the extent the City has actual knowledge thereof, the City will attempt to
inform Metricom of the displacement of any pole on which any Radio is located.
11.12 In any case where the approval or consent of one party hereto is required,
requested or otherwise to be given under this Permit, such party shall not unreasonably delay
or withhold its approval or consent.
EXECUTEDin on the date first above stated.
By:
Michael D. McCluskey
Public Works Director, City of San Luis Obispo
The Provisions of this Permit are agreed to and hereby accepted.
By:
Kirk Wampler
Director of Right of Way, Metricom, Inc.
11
C-y�-
Exhibit A
RADIO LOCATIONS
PROPOSED LOCATIONS TO BE PROVIDED
AFTER REVIEW OF STREET LIGHT MAPS
AND PRIOR TO DEPLOYMENT
(This page is blank because Metricom cannot proceed without the permit. When locations are
approved they will be listed here, and this exhibit will be incorporated into the permit by
references in Sections 3.2 and 11.8.)
12