Ordinance 2215-97 - Laserfiche WebLink

• • Franchise. All Provisions, whether covenants or conditions, shall be deemed to be both covenants and conditions. 1.13 "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. 1.14 "Radio Month" means a calendar month during which a Radio occupies space on a City-owned pole or other property, even if such occupancy is less than the entire month. 1.15 "Radios" means that radio equipment to be installed and operated by Metricom hereunder. 1.16 "Ricochet" means Ricochet MicroCellular Digital Network, a wireless digital communications microcellular radio network owned and operated by Metricom. 1.17 "Services" means the wireless digital communications services, not including traditional video, telephone and cable, unless same are available over the Internet from other providers without additional cost from Metricom, provided through Ricochet by Metricom. 2. TERM. This Franchise shall be for a term of five (5) years, unless it is earlier terminated by either party in accordance with the provisions herein, and shall commence on the "Effective Date". This Franchise shall automatically be renewed for one (1) successive (5) five-year term by Metricom on the same terms and conditions as set forth herein unless Metricom notifies City of its intention not to renew prior to commencement of the succeeding renewal term. 3. SCOPE OF)[+RANCHISE. 3.1 Any and all rights expressly granted to Metricom under this Franchise, 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 Franchise shall be deemed to grant, convey, create, or vest a perpetual real property interest in land in Metricom, including any fee or leasehold interest, or easement. 3