1998 AGN OCT 20 I01 - Laserfiche WebLink

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3.2 Attachment to Third -Party Property. Subject to obtaining the permission of the owner(s) of the affected property, 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, including SCE, or other property owners located within the Public Way as may be permitted by the public utility company or property owner, as the case may be. Metricom shall furnish to the city documentation of such permission from the individual utility or property owner responsible. 3.3 No Interference. Except as permitted by applicable Laws or this Permit Metricom in the performance and exercise of its rights and obligations under this Permit 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 electrical and telephone wires, electroliers, cable television, and other telecommunications, utility, or municipal property, without the express written approval of the owner or owners of the affected property or properties. 3.4 Compliance with Laws. Metricom shall comply with all applicable Laws in the exercise and performance of its rights and obligations under this Permit. 3.4.1 Construction Permits. Any and all construction work performed pursuant to the rights granted under this Permit, including the installation, operation, maintenance, location, and attachment of the Radios in the Public Way, shall, if required under applicable City ordinances, be subject to the prior review and approval of City by means of submission of a permit application, payment of any applicable permitting fees, and the City's ordinary administrative review. Metricom agrees to apply for and obtain all appropriate permits required by applicable Law prior to the commencement of any work of construction in the Public Way. The locations of Metricom's planned initial installation of Radios shall be incorporated in Exhibit B attached to this Permit. After the initial deployment of the Radios, new attachments, removals, and relocations of Radios shall also be subject to the City's permitting process. If the location of any Radio is different from that applied for in the applicable permit, the location of such 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. 3.4.2 As -Built Drawings. Upon the completion of construction work, Metricom promptly shall furnish to the City, in hard copy and in Telecommunications Attachment Permit Agreement Cihj of Colton :: Metricom, Inc. page 4 of 15 colton3 (rrvg07sc05apa98] 10/17/1998