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HomeMy WebLinkAbout3238Pl.ease return to .city clerk 220 4th Avenue S.Kent WA 98032 ôùr\ cûoNNÐcr/)o RF cEt VED AUG Z t pg¡ ORDINANCE NO.3e lr KING Uuu NÏY AN ORDINANCE of the City of Kent,Washíngton, granting unLo Metricom, fnc.,("Metricom") , a Del_aware corporation, itssuccessors and assigns, the right., privilege,authority and franchise for five years, toconstruct, maintain, operat.e, replace andrepair a wirel_ess data communj_calions systemofl, across, through, and above the public right-of -ways of the Cit.y of Kent, Vtashingtonfor the sole purpose of operating asubscriber-based wireless dat.a communicationsnetwork, which is to be comprised of radiotransmitLers installed on utility polesand/or facilities. THE CTTY COUNCIL OF THE ORDAfN AS FOLLOITIS: CITY OF KENT, WASHINGTON DOES HEREBY section 1. Franchise Granted. pursuant to RCW 35A.47.o40, the City of Kent, Washington (hereinafter the ',Cítyu) hereby grants to Metrícom, rnc. , a Del-aware corporat,ion (hereinaf ter rrMetricom"), subject. to the terms and conditions set forth herein, a franchise for a period of five years, commencing on t,he effective dat.e of this ordinance. This franchise shall grant Metricom the right, privilege and authori-ty to construct, operate, maintain, replace, and use arr necessary equipment and facil-ities thereto for a wireless data METRICOM FRANCHTSE--page 1 of 19 m'9¿ ltlìi 080 S[U033ü ¡\Iiln$ 5lll)l Íd 00:Ig:10 ¿¿8&tiB09b communications syslem on, across, through and above the public right-of-ways located in the city of Kent. Metricom's system sha1r be comprised of radio transceivers and related equi'pment installed on utitity poles and/or facilities' subject to the provisions of Rcw 354.1-4.900, these franchise privileges shall extend automatically to all add'itional territory annexed by the City during the term of this franchise, subject to theríghts,privilegesand}imitationsestablishedinthis franchise. N T\ø -\-,NNfr --l¿'/) ü! This franchise shall automatically additional five year term only upon the following conditions: rene\^/ for one occurrence of (1) the (a)MetricomprovidestheCitywríttennotice'deliveredby certified mait to the city's Public works Director and to t.he City Clerk, at l-east 180 but noL more than 240 days priort'otheterminationoftheoriginalfive_yearterm,of the pend.ing expiration of this franchise; (b)ThenoticemusLspecificatlyrefertot,hisfranchiseby its City Ordinance Number, musL inform the City of the franchise,s expiration date, must specifically reference this franchise provision, and furLher must inform the city that t.his franchise will automatically renew for one ad.ditionalfive-yearterm,unlesstheCitycan'ingood faith, show a substantial change in position of either party evid.encing that the franchise should be renegotiated or METRICoM FRANCI{ISE--Page 2 of 19 N n-rtìoNNÐñU, :-ô ût terminated and the city provides, wiLhin ninety (90)days of receipt of Metrj-comIS notice, written notice to Metricom of its decision not to renew or to re-open negotiations of this franchise. Notwithstandingthepreceding}imitationsonfranchise renewal, the City reserves its absolute right' at its sole option, Lo reopen franchise negotiations during the last year of operation of the first five (5) year franchise term, for the purposeofmodifyingoramendingthisfranchiseonlyasít relates to t.he imposition of a franchise fee to be imposed for the second five (5) year franchise term' Metricom,s failure to comply in any malerial way with any part of these franchise renewal conditions shall cause this franchise to fully terminate at the end of the initial five-year term. The rights and privileges granted under this shall not convey any right to Metricom for the use of leasedoroperatedpropertiesoutsideofthefranchise described above- Section 2. Non-Exclusive Franchise Grant ' franchiseisgrantedupontheexpressconditionthat ThisfranchisedoesnoLconveywarrantyortit.leorany interest in City right-of-ways. Nor does this franchise convey any interest in any partícular location in city right-of-ways' franchise City-owned, area This it shal1 not METRICOM FRANCHISE--Page 3 of 19 ô¡f. CD ¡h \J'NNt^.¿.tì f¡ in any manner prevent the City from granting other or further franchises in, arong, over, Ehrough, under, berow or across any Cityright-of-ways.TheCityshal-lretainpo\¡Iertomakeall necessary changes, relocations, repairs' maintenance' establishment, improvement, and. dedication of its right-of-ways as the City may deem fit, including the dedícation' establishment, maintenance, and improvement of al} new right-of-waYs ' ThispermitdoesnotprovideMetricomexclusiveuseof any City poles or property, and the City may install additional users on its po}es; however, t.he City sha}l first obtain from any future pole user written agreements that subsequent to the installation by Metricom of its equipment on a city pore in accordance with this franchj-se ord.inance, (i) that' subsequent user shall noU install new equipment on the pole if the equipment causes radio interference wit.h Metricom's operations and (ii) in the event interference occurs, the subsequent user shal-l immediately take all reasonable steps necessary to eliminate that interference ' Section3.FranchiseFee.Metricomshallpayt'heCity quarterly, on or before the thirtieth (3oth) day of each ''Tanuary' April, July and October, a sum equal to four percent G"6| of Metricom's gtross revenues from subscribers whose bilting address ]-ieswithinthecorporate]-imitsoftheCit'yofKent.Revenues thatarederivedasaportionofanationalorregionalservíce shall be comput.ed on a per subscriber basis if such determination cannot be achieved bY other means ' METRICOM FRANCHISE--Page 4 of L9 1{f" c0cNNÐAU 't\t) A. Late Payment. Any quarterly franchise fee not paid by Metricom within thirty (30) days of the end of a quarter shall bear interest at the rate of twelve percent ,1-29ø) per annum from the due date until- paid. B. Fj-nancial Reports. Each franchise fee payment shall be accompanied by a financial report showing the basis for the operaLor's computation and separately indicat.ing revenues received by the Operator within the City from the various subscription and other services it provides, together with such other information directly rel-ated to confirming the amounL of Metricom's gross revenues as may be reasonably required by the City. C. Audit by City. The City shall have the right, upon reasonabl-e notice or no less than two working days, to inspect Metricom's books and records during normal business hours, for the purpose of ascertaining the actual gross revenues collected by Metricom. In the event that this audit discloses a discrepancy of more than ten percent (10?) between the financial report submitted by Metricom with a quarterly payment and the actual gross revenues collecLed by Metricom, Metricom shall pay the Cit.y the costs of that audit. In the event that the audit results in a determination that additional franchise fees are due the City, Metricom further agrees to pay interest as required for Late payrnenL on such ad.ditional franchise fees computed from METRICOM FRANCHISE--Page 5 of 19 Nf. c0oNN ,'¡D ^-) ^CD thedateonwhichsuchadditionalfranchisefeeswere due and Payable. D.Non-waiver.Acceptanceofanyfranchisefeepalrment by the CiLy shall not be consLrued as an agreement by the City that the franchise fee paid is in fact the correctamounL'norshallacceptanceofpaymentbythe Cit.y be construed as a release or waiver of any claim the city may have for further or additional sums payable under the provisions of this ordinance ' E. Taxes. Nothing in this Section 3 shall limit Metricom.sobligationtopayapplicablelocal,sLate,or Federal Laxes. Section 4 Metricom facilities installed pursuant to this franchise ord.inancewillbeinstalledonexisLingutititypolesand/or facirities owned by puget power company or the city, unless otherwiseagreed'toinwríting.Metricomshallnotconstruct causetheconstructionofanypolesorotherstructureswit'hin City right-of-waYs' All or toThe City may agree by separaLe agreernent or ordinance makeCit.yfacilities,suchaspolesandtrafficsignals' avai]-ableforusebyMet.ricomprovidedthatMetricomprovides faír market value for the use of such facilities or' afternatively,providesothercompensationorservicesasthe METRICOM FRANCHISE--Page 6 of' L9 City deems equivalent. City facilities cannoL facilities. AdditionallY, Metricom's use of interfere wich the CitY's use of these the litFÐ -t5,NNÐ.-,-, ^aa.+¡v¿ To the extent that Metricom makes its facilities and/or services available to other governmental entities within the state of washington in exchange for the use of property similar to those right-of-ways authorized to be used by Metricom hereunder, Metricom shatl also make those facilities and/or servicesavailabletot,heCitysubjecLtOsimilartermsand conditions. Section 5. system Facilities. subject to aII applicable laws, within thirty (30)d.ays,orwithintheperiodoftimed'eterminedbytheCit'yin the event of an emerg€ocfr Metricom, aL its sole cost, shall remove or relocate any of its equipment subject to this franchise ordinanceupontheCity'sdemand''forgoodcauseshown'Forthe purposes of this Section 5, "good cause" for removal or relocation of MeLricom's equipment shall include, without limitaLion,anylawfulchangeofgrade'aliginment'orwidthof anypublicright-of-wayorthereplacementofanystreetlightor utility Po1e. TheprovisionsofthisSection5shallínnomanner precludeorrestrictMet'ricomfrommakinganyaÏrangementsit'may deem appropriate when responding to a requesL for relocation of its facilities by any person or entity other than Lhe city' where the facitities to be constructed by said person or entity are not METRICOM FRÃNCHISE--Page 7 of L9 1¡t 00oNNÐ ¡-tU/.à raJtì or ì¡¡ill not become city-owned, operated or maintained f acilities ' provided that such arrangements do not unduly delay a city construction Project ' SecLion 6. Technological Changes ' To address technological changes in the state-of-the-art communication services during the term of this franchise ord'inance, the city may elect to review, at intervals not less than three (3) years' t.heMetricomcommunicationssystemandservicesinlightof reasonabre needed change in facilities and./or service provision, Metricom shall meet and confer wích representatives of the City concerning any identified communications requirements of t'he city that Metricom might fulfill ' SectionT.ChargefÇrPowerUsage.Metricomtsradio transmitters draw theír operating power from the same pov/er 1íne that feeds city street.light.s. Metrj-com shaI1, however' arrange by separate agreement with Puget Power Co' ' which provides electricitytotheCity,toindependentlypayforallelectricity used by Metricom Lhat is drawn from City streetlights' Secti-on I MeLricom agrees to supply or update' without cost to the City' information requested by Ehe city's Public works Director' which information may include an instaLlation inventory' maps' plans' and as-built drawings of alt Metricom's installations' Metricom shall keep the public works Director informed of its long-range plans for coordination with the city's long range plans' METRICOM FRANCHISE--Page B of 19 1{ F. c0 C)NNÐâ¿rl& Sectiong.Noobstruction;PoleStandards.Except during an emergency as provid,ed f or in Section ].1, MeLricom wilf notobstruct,hinder,damage,orotherwiseinterferewithany City facility or installation, includíng City utility fixtures or other authorized uses of the public right-of-ways, unless the Cityhasfirstprovideditswrittenauthorization.TheCity shall not unreasonably withhold this authorization' Metricom shall,whenconductinganyworkonorataCity-ownedutility pole,conductthatworkinaccordancewichaltapplicablePuget Power "pole standards" in effect at the time Metricom conducts the work. Metricom shall be responsible for anticipating and reasonably avoiding conflicts with other right-of-way occupants or users, oLher utilities, franchisees' or permittees' The City assumes no responsibitity for these conflicts or errors ' SecLíonl0.PermitsandApprovals.Exceptasprovided forinSectionl.l,nothinginthisfranchiseordinancesha]-l relieveMetricomfromitsobligationtoobt.ainapprovalsor necessary permits from applicable federal' state' and City auLhorities for all activities, whether or noL conLemplated in this franchise, within the franchise area' Section 11.. In the eventanyofMetricom,sfacilitiesinanyl¡/aycreateanimmediate dangertotheproperty,life,healthorsafeLyoft'hepublicor any individual, Metricom shall immediately take the proper emergencymeasurestorepairitsfacilitiesandtocureorremedy t.hedangerousconditionsfortheprotectionofproperty'Iife' health or safety without first applying for and obtaining a METRICOM FRANCHISE--Page 9 of l-9 filf"m -.\r¿ í'¡Nn¡te'rt ü¡ permit as required by this franchise' However' this shall not relieve Metricom from the requiremenL of obtaining any permits necessaryforthispurpose,andMetricomsha]lapplyforthese permits within seven 0\ calendar days ' Section12'DangerousConditic'nsAuthorityforCityto Abate. whenever construction or installation of the facilities authorized by this franchise has caused or contributed to a conditionthatappearstoendangerthepublic,anadjoining publicplace,streetutilitiesorCityproperty,thePublicWorks Director may direct Metricom, at MetricomIS o\dn expenseI to take actionstoprotectthepublic,adjacentpublicplaces,Cit'y property or street utilities; and such action may include compliance within a prescribed time ' IntheeventthatMetricomfailsorrefusestopromptly taketheactíonsdirectedbytheCit,y,orfailstofullycomply withsuchdirections,orifemergencyconditionsexistwhich require immediate action, the City may take such actions as are necessarytoprotectthepublic,theadjacentstreets,oTstreet utilities,andMetricomshallbeliabletotheCityforthecosts thereof Section-].3' Recovery of Costs and Fees' Metricom shall payafilingfeefortheCity,sadministrativecostsindrafting and processing this franchise agreement in the amount of Two Thousand Dollars ($2000 ' 00) together i^tith an additional Five Hund.red DoIlars ($500'00) charge for all work related thereLo' Metricom shal_I further be subject to all permit fees associated METRICOM FRÄNCI{ISE--Page 10 of 19 Ntr COoNN:þ -l ^r'\v¿ with activities und.ertaken through the authority granted in this franchiseordinanceorunderthelawsoftheCity.Wherethe City incurs reasonable costs for revì-ew' inspection or supervision of activities undertaken through the authority grantedinthisfranchiseoranyordinancesrelatingtothe subject for which a permit fee is not established, Metricom shall paysuchcostsandexperrsesdirectlytotheCity.Inadditionto the above, Metricom shall promptly reimburse the city for any and arr costs it reasonabry incurs in response to any emergency involving Metricomrs f acilit j-es ' NothingprovidedinthisSecti-on13sha]lexemptorin any manner limit Metricom's obligation to pay any tax required by theKentCityCodeoranyotherordinance'specifically including,withoutlimitation,Cit'yutilit'ytaxes'Metricom shall remit to the city any taxes, including utilit'y usersl Laxes, aI1 in compliance with the provisions of the Kent city code. Metricom reserves its right to collect any city imposed taxes from its customers ' Section]-4.Indemnification.Metricomshal]-defend, indemnlfy and hold the city, its officers, officials, employees and agents harmless from any and all claims, actions, injuries' damages, losses or suits, including al1 legal costS, witnegs fees and attorney fees, arising out of or in connection with the performance of any of MeLricom's rights or obligations granted by this franchise ordinance, but only to the extent of the negligenceorcomparaLivefaultofMeLricom,itsemployeesI agients, contractors, subconlractors or assigns' METRICOM FRANCHISE--Page lL of l-9 ôtr\ rooNNÐ -r¿r¡ft The City's inspection or acceptance of any of Metricom's workwhencompletedshallnotbegroundstoavoidanyofthese covenants of indemnifícation- IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFTCATION PROV]DED HEREIN CONSTTTUTES MCITiCOM'S WAIVER oF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF TH]S INDEMNIFICATION. THE PARTTES FURTHER ACKNOh¡LEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER' Theprovisionsofthissect.ion].4shallsurvivethe expiration or termination of this franchise ordinance' section 15. Insurance. Metricom shall procure and maintain for the duration of the franchise, insurance against claims for injuries Lo persons or damages to property which may arise from or in connection with the exercise of the rights' privíIegesandauthoritygrantedhereundertoMetricom,its agents,represent'at'ivesoremployees.Metricomshallprovidea copyofsuchinsurancepo}icytotheCit'yforitsinspection prior to the adoption of |his franchise ordinance, and such insurance shall evidence: Aut.omobile Liabí1ity insurance with limits no less than $1,O0O,000 Combined Single L'imit per accident for bod.ily injury and property damage; and commercial General Liability insurance policy written on an occurrence basis with limits no less t_ z METRICOM FRANCHISE--Page L2 of 19 1{l.ØoNNÐ,-l J,^aaf, than $1,000,000 Combined Single Limit per occurrence and $2,000,000 aggregate for personal injury, bodily injury and propercy damage' Coverage shall include but not be limited to: blanket cont.ractual ; products/completed operations; broad form property; explosion, collapse and undergiround (XCU) ; and Employer's Liability' Anydeductiblesorself.insuredretentionsmustbe declaredtoandapprovedbytheCity.Paymentofdeductibleor self-insuredretentionshallbethesoleresponsibilityof Met,ricom. TheinsuranceobtainedbyMetricomshallnametheCity, its officers, employees and volunteers as insureds with regard to activities performed by or on behalf of Metricom' The coverage shall contaín no special limitations on t.he scope of protection affordedt,otheCíty,itsofficers,officials,employeesor volunteers. In add.ition, the insurance policy shalI contain a crause stating that coverage sharl apply separately to each insured against whom claim is made or suit is brought, except withrespecttothelimitsoftheingurer'sliability. Metricom's insurance shall be primary insurance aS respects the City,itsofficers,officials,employeesandvolunteers'Any insurance maintained by the City, iLs officers, officials, employeesorvolunteersshallbeexcessofMetricom'sinsurance and shall not contribute with it ' METRICOM FRANCHISE--Page L3 of 19 The insurance policy or polices required by this clause shall be end.orsed to state that coverage shall not be suspended' voided, cancel-led by either party, reduced in coverage or in limits except after thirty (30) days' prior ¡¡rrítten notice by certified mair, return receipt requested, has been given to the CiLy. the to Any failure to comply with the reporting provisions of policiesrequiredhereinshallnotaffectcoverageprovided the City, its officers, officials, employees or volunteers' NIf.rr^ta-,,oNNÐ3,A 'J Section 16 facility installed in any City right of way by Metricom may be abandoned by MeLricom without the express written consent of the City. Any plan for abandonment or removal of Metricom's facílíties must be first approved by the Public works Director' and alf necessary permits musL be obtained prior Lo that work' section 17. Modification. The city and Metricom hereby reserve the right to alter, amend or modify the terms and conditions of this franchise upon written agreement of both parties to such alteration, amendment or modification' Sectionls.Termination.IfMetricomwillfully violates or fails to substant'ially comply with any of the provisions of this franchise, or through willful or unreasonable negligence fails to heed or comply with any notice given MeLricom by the city under the provisions of this franchise, then the Kent City Council may terminate Lhis franchise' METRICOM FRANCHISE--Page 14 of 19 îùtmoNN {]0 ^-)rÀ 9¡ This franchise creates no obligation to make any pa]¡ment or award in condemnation to Metricom, except to the extent any state or federal laws may independently require' section 19. Failure-to Commence rnstallatíon. Notwithstanding the provisions of sectíon l-8, this franchise ordinance shall be deemed void in its enlirety if Metricom fails to commence installation of its facilities within one year from the effective date of this franchise ordinance, unless otherwise agreed to in wríting bY the CitY' Section20'RemediestoEnforceCompliance.Ïn addition to any other remedy provided herein, the city reserves the right to pursue any remedy to compel or force Metricom and/or its successors and assigns to comply with the Lerms hereof, and the pursuit of any right or remedy by the City sha1l not prevent t.he CiE.y from thereafter declaring a forfeiture or revocation for breach of the conditions herein' SecLion 21. City ordinances and Regulat,ions. Not,hing herein shall be deemed to direct or restrict the city's ability to adopt and enforce aIl necessary and apprOpriate ordinances regulating the performance of the conditions of this franchise' including any reasonable ordinance made ín the exercise of it's police powers in the interest of public safety and for the welfare of the public. The city shall have the authority at all timestocontrolbyappropriateregulationsandpermit'sthe location, elevation, and manner of construction and mainLenance of any wireless data communications system facilities by METRICOM FRANCHISE--Page 15 of 19 Metricom, and Metricom shall promptly conform with all regulations or permits, unless compliance would cause violate other requirements of law' these Metricom to 1{f.Ðoi'tN xô.--)',tltt Section22.CostofPublication'Thecostofthe publicationofthisordinanceshallbebornebyMetricom. Sect.ion23.Acceptance.Afterthepassageandapproval of this ordinance and within sixty days after such approval' this franchise shall be accepted by Metricom by its filíng htith the city clerk an unconditional written acceptance thereof ' Failure of Metricom to so accept this franchise within said period of time shatl be deemed a rejection thereof by Metricom, and the rights and privileges herein granted shatl, after the expiration of the sixty day period, absolutely cease, unless the time period is extended by ordinance duly passed for that purpose ' Section 24. Surviva]-. A]l of the provisions, conditionsandrequirementsofsectionsa4,20and2]-ofthis franchise shall be in addition to any and all other obligations and liabilities Metricom may have to the city at common law, by statute,orbycontract,andshallsurvivetheCity'sfranchise to Metricom, and any renewals or extensions thereof. AII of t,he provisions,conditions,regulationsandrequirementscontainedin this franchise ordinance shal1 further be binding upon the heirs' successors, executors, ad.ministrators, regal representaLives and assignsofMetricomand.allpriviteges,andallobligationsand liabilitiesofMetricomshallinuretoitsheirs,successorsand METRICOM FR.A,NCHISE--Page L6 of L9 I'tf.n^ c) $¡NÐ.¡à,¿.,llat) assigns equally as if theY were Metricom is named herein' specif ica1lY mentioned wherever Section25,severability.Ifanysection,Sentence' clause or phrase of this ordinance should be held to be invalid or unconstitutionar by a court of competent jurisdiction, such invalidiLy or unconstitutionality shall not affect the validity orconstitutionalicyofanyothersecLion,senterrce,clauseor phrase of this franchise ordinance ' Section26.Assignment.Metricomshallnotassignor Lransfer this franchise ordinance without the express writLen consentoftheCity,whichConserrtshallnotbeunreasonably withheld. Metricom shall give to the city thirty (30) days'prior wrilten notice of any such transfer. Any attempted assignment in violation of this SecLion 26 shall be void' Sect'Lon27'Notice.Anynoticeorinformationrequired orpermit,tedtobegiventothepartiesunderthisfranchise agreement may be sent to the following addresses unless otherwise specified: Cíty of Kent Director of Public Works 300 V,Iest Gowe Kent, WA 98032 Q06) Bs9-3383 METRICoM FRÄNCHISE--Page L7 of t9 Metricom, fnc. ATTN: Kirk VüamPler 980 Universit.Y Avenue Los Gatos, California (408) 399-8200 Metricom, Inc - Legal DePartment 980 UniversitY Avenue Los GaLos, California 9503 0 95030 Ntrf!¡roN $¿,Ð LúlA.¿J TJ Section23.EffectiveDate.Thisordinanceshalltake effectthirty(30)daysafteritspassageafterfirstbeing submittedtotheKentCityAttorney,andafterbeinggrantedby theapprovingvoteofatleastamajorityoftheCityCouncilat aregularmeetingonJulyl.S,IggsandafterintroductiononJuly 5,Igg5,andafterbeingpublishedatleastonceinanewspaper ofgeneralcirculationintheCit,yofKent,and'shallremainin force and effect for five years and for an additj-onal five years thereafterifrenewedundertheprovisionsofSect'ion]-; pRovIDED, THAT it shall not be effective unless and until written acceptance of this ordinance by Metricom signed by its appropriateofficers,shallbefiledwiththeCit.yClerkwithin sixty (60) days of its passage by the Kent City Council' METRICOM FRANCHISE--Page l-8 of 19 MAYOR â'7 ATTEST BRENDA JACOBER, -.,-{.i^r-- I CLERK APPROVED AS TO FORM: înf" @oNNÐ -l-/ì TJ ROG A UBOVICH, CITY ATTORNEY' PASSED tnu /f daY of APPROVED *" / ? -daY of r-995. 19 95 PUBLISHED the .2¡.da yof L995. I hereby certify that this is a true copy of ord,inance No . 4,38 , passed by rhe city council of the city of Kent., WashingLon, and approved by the Mayor of the City of Kent as hereon indicated' BRENDA TTY CLERK METRICOM. Pwk METRICOM FRÄNCHISE--Page 19 of L9 Metrícom, Inc. ÀCCEPTÀI.ICE OF CITY FRAI{CHISE Ordinance No Passed on , 1995. f,, am Lhe of Metricom, Inc. and am an author]-zed representat.ive the above-referenced cit.y of Kent franchise ordinance of Metricom, Inc. and al1 without to accept on behalf its terms and qualificationI cert.ifY that this franchise conditions are accepted by Metricom, Inc ' or reservation. DATED this daY of r-995. 1tÞ moNN'-t\.¡i.J -)/)g) Metricom, Inc. its STATE OF WASHINGTON) )ss COUNTYOFKING ) I certify that I know or have satisfactory evidence that - is the person who appeared before me, and said person signed this instrumenL, on oath stated Ëhat he/sheacknowledged that he/she was authorized to execute the instrument, and acknowledged it as the of Metricom, Inc. to be the free and voluntary act of that corporation for the uses and purposes mentioned in the instsrument ' D.A.TED NOTARY PUBLTC in and for the State of Washington, residing a My commission expires / 1_ Metricom, Inc. ACCEPTANCE OF CITY FRANCHISE ORDINANCE NO. ¡Z:e , Passed 6¡1 JuIv l8'' ,1995 I,am the Metricom,Inc. and am an Kent franchise ordinance accept the on behalf I certify that this franchise and all its terms and conditions are accepted by Metricom, Inc. without qualification or reservation. Dated tn"b_ day of -Spkwfu¿,<--lgg5. Metricom,Inc By: State of California Count of &r*â \hn,*-> On before me,/' 6r ¿,Lnz (l Notary Public, personally appeared r(ft. D personally known to me o ORf proved to me on the basis of satisfactory evidence to be the perion(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in their authorized capacity(ies), and that by their signatures on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WTTNESS hand and seal. of ofCity Its N , in and for said County and State @ffi ?