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Home My WebLink AboutAGMT - Metricom, Inc. (Radios on Light Poles) r 614, Y Seal Beach ATTACHMENT PERMIT AGREEMENT T WS ATTACHMENT PERMIT AGREEMENT (the "Permit ") is dated as of October' 1 19 ib; and entered into by and between the CITY OF SEAL BEACH, a California municipal corporation (the "City"), and METRICOM, INC., a Delaware corporation ( "Metricom "). RECITALS A. 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. B. Metricom 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 RicochetTM wireless digital communications radio network (the "Network "). . AGREEMENT ' Now, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree to the following covenants, terms, and conditions: 1 DEFINITIONS. The following definitions shall apply generally to the provisions of this agreement: 1.1 Agency. "Agency" means any governmental or quasi - governmental agency other _ than the City, including the FCC and the PUC (as such terms are defined in § 1.4 and 1.9 below). 1.2 City. "City" means the City of Seal Beach. 1.3 Effective Date. "Effective Date" means the date on which Metricom hangs its first Radio as provided below or, if earlier, the date on which this Permit is finally approved by the City Council of Seal Beach. 1.4 FCC. "FCC" means the Federal Communications Commission. 1.5 Fee. "Fee" means any assessment, license, charge, fee, imposition, tax (but excluding any utility users' tax or franchise fees), or levy of general application to Persons doing business in the City lawfully imposed by any governmental body. Attachment Permit Agreement City of Seal Beach :: Metricom, Inc. page 1 of 14 1.6 Gross Revenues. "Gross Revenues" means the gross dollar amount accrued on Metricom's books for Services provided to its customers with billing addresses in the City, excluding (i) the Franchise Fee, if any, payable pursuant to § 4 et seq. below; (ii) local, state, or federal taxes collected by Metricom that have been billed to the subscribers and separately stated on subscribers' bills; and (iii) revenue uncollectable from subscribers (i.e., bad debts) with billing addresses in the City that was previously included in Gross Revenues. 1.7 Laws. "Laws" means any and all statutes, constitutions, ordinances, resolutions, regulations, judicial decisions, rules, tariffs, administrative orders, certificates, orders, or other requirements of the City or other governmental 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. 1.8 Metricom. "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. 1.9 PUC. "PUC" means the California Public Utilities Commission. 1.10 Permit. `Permit" means this nonexclusive Attachment Permit Agreement and may also refer to the associated right to encroach upon the Public Right of Way conferred hereunder. 1.11 Person. "Person" means an individual, a corporation, a limited liability company, a general or limited partnership, a sole proprietorship, a joint venture, a business trust, or any other form of business entity or association. 1.12 Provision. "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. 1.13 Public Right of Way. "Public Right of Way" means in, upon, above, along, across, and over the public streets, roads, lanes, courts, ways, alleys, boulevards, and places, including all public utility easements and public service easements as the same now or may hereafter 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. "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. Attachment Permit Agreement City of Seal Beach :: Metricom, Inc. page 2 of 14 • • 1.15 Radio. "Radio" means the radio equipment, whether referred to singly or collectively, to be installed and operated by Metricom hereunder and more particularly described in Exhibit A attached hereto. 1.16 RicocheirM. "RicochetTM" or "RicochetTM MCDN" means RicochetTM MicroCellular Digital Network, a wireless, microcellular digital radio communications network owned and operated by Metricom. 1.17 Services. "Services" means the wireless digital communications services provided through Ricochet by Metricom to subscribers with billing addresses within the City. 2 TERM. The term of this Permit shall commence on the Effective Date and shall expire on the date which completes five (5) years after the Effective Date, unless it is earlier terminated by either party in accordance with the provisions herein. The term of this Permit shall be renewed automatically for two (2) successive terms of five (5) years each on the same terms and conditions ' as set forth herein, except that the Annual Fee shall be subject to adjustment as provided in § 4.1 below, unless either Metricom or the City notifies the other party of its intention not to renew not less than thirty (30) calendar days prior to commencement of the relevant renewal term. 3 SCOPE OF PERMIT. 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 exclusively or concurrently with any other Person or Persons and shall be further 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, leasehold interest, or easement. 3.1 Attachment to City - Owned Property. The City hereby authorizes 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. 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 or other property owners located within the Public Right of 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. Metricom understands and agrees that the scope of this Permit shall not encompass attachments to decorative lights or decorative poles owned by SCE. Attachment Permit Agreement City of Seal Beach :: Metricom, Inc. page 3 of 14 • • 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 Right of 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 Right of 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 Metricom's electronic format, suitable documentation showing the exact location of the Radios in the Public Right of Way. 3.5 Modification of Service Voltage. The City 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. 3.6 Annual Business License. Metricom agrees to obtain an annual City business license prior to the Effective Date and maintain the same throughout the term of this Permit. Attachment Permit Agreement City of Seal Beach :: Metricom, Inc. page 4 of 14 • • 4 ` FEES AND TAXES. Metricom shall be solely responsible for the payment of all lawful Fees and utility charges in connection with the exercise of Metricom's rights under this Permit including those set forth below. 4.1 Franchise Fee. Metricom shall pay to the City, on an annual basis, an amount (the "Franchise Fee ") equal to five percent (5 %) of Metricom's Gross Revenues collected during each preceding calendar year, which amount shall be collected from subscribers of the Services and remitted to City as provided herein. The Franchise Fee shall be due on or before the forty -fifth (45th) day after the end of each calendar year or fraction thereof. Within forty -five (45) days after the termination of this Permit, the Franchise Fee shall be paid for the period which has elapsed since the end of the last calendar year for which the Franchise Fee has been paid. Metricom shall furnish to the City with each payment of the Franchise Fee a statement, executed by an authorized officer of Metricom or his or her designee, showing the amount of Gross Revenues for the period covered by the payment. If Metricom discovers that it has failed to pay the entire or correct amount of the Franchise Fee, Metricom shall pay the difference to the City or make such other adjustment within fifteen (15) days of discovery of the error or determination of the correct amount. Any overpayment to the City through error or otherwise shall be offset against the next payment due from Metricom. Acceptance by the City of any payment due under this section shall not be deemed to be a waiver by the City of any breach of this Permit occurring prior thereto, nor shall the acceptance by the City of any such payments preclude the City from later establishing that a larger amount was actually due or collecting any balance due to the City. 4.1.1 Accounting and Audit. Metricom shall keep accurate books of account at its principal office in Los Gatos or such other location of its choosing for the purpose of determining the amounts due to the City under § 4.1. The City may inspect Metricom's books of account at any time during regular business hours on five (5) days' prior written notice and may audit the books from time to time, but in each case only to the extent necessary to confirm the accuracy of payments due under § 4.1. The City shall bear the cost of any such audit, unless such audit reveals an underpayment to the City of more than five percent (5 %) of the Franchise Fee which was due to the City for such calendar year. Once each calendar year the City may require an annual report from Metricom relating to its operations and revenues within the City. City agrees to hold in confidence any nonpublic information it learns from Metricom in accordance with applicable law. 4.2 Annual Fee. Metricom shall pay to 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 structure or piece of City -owned property upon which a Radio has been installed pursuant to this Permit. The initial Annual Fee shall be due and payable not later than the date of installation of the first Radio on City -owned poles or other City -owned property under this Permit (the "Installation Date ") and shall be computed based upon the number of Radios Metricom estimates as of the Installation Date that it will install on City -owned poles or other City -owned property during the succeeding twelve (12) months. The Annual Fee for subsequent years shall be due and payable not later than thirty (30) days Attachment Permit Agreement City of Seal Beach :: Metricom, Inc. page 5of14 • • 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. 4.2.1 CPI Adjustment. At the commencement of each renewal term, the Annual Fee with respect to such term shall be adjusted effective January 1st of the first year of such renewal term by a percentage amount equal to the percentage change in the U.S. Department of Labor, Bureau of Labor Statistics, Consumer Price Index of all items, Base 1982 -1984, which occurred during the previous term or renewal term, as the case may be, for the Los Angeles- Anaheim - Riverside Consolidated Metropolitan Statistical Area. 4.3 RicochetTM Tradeout Option. Notwithstanding anything to the contrary in this Permit, the City shall have the right to elect to receive one of the following tradeouts in lieu of the amount of the Annual Fee specified in connection with each such tradeout option: (a) up to fifty (50) subscriptions to use Metricom's RicochetTM Services in the City for so long as Metricom maintains Radios in use in the ratio specified below of City -owned poles or other City -owned property pursuant to this Permit. Such option may be exercised by City in increments of one (1) subscription in lieu of the Annual Fee for one (1) Radio. Metricom shall provide such subscriptions at such time as Metricom is providing commercial service in the City, provided that prior to such service date City shall not be entitled to receive the Annual Fee or other compensation in lieu thereof. Metricom will not be required to pay the Annual Fee for the number of Radios installed on City -owned poles or other City -owned property equal to the number of subscriptions the City elects to receive as provided above. The number of Radios installed on City -owned poles or other City -owned property in excess of the number of subscriptions the City elects to receive shall be subject to the Annual Fee. City's use of the subscriptions shall be subject to Metricom's standard RicochetTM Service terms and conditions. City shall be required to purchase at its sole cost and expense any equipment and software required to use the RicochetT' Service; or (b) up to twenty (20) subscriptions to use Metricom's RicochetTM Services and the use of up to twenty (20) Metricom modems, for so long as Metricom maintains Radios in use on the appropriate Attachment Permit Agreement City of Seal Beach :: Metricom, Inc. page 6of14 • • • number of City -owned poles or other City -owned property pursuant to this Permit. Such option may be exercised by City in increments of two (2) subscriptions and two (2) modems in lieu of Annual Fees for five (5) Radios. Metricom shall provide such subscriptions and equipment at such time as Metricom is providing commercial service in the City, provided that prior to such service date City shall not be entitled to receive the Annual Fee or other compensation in lieu thereof. The number of Radios installed on City -owned poles or other City -owned property in excess of the number of subscriptions/modems the City elects to receive shall be subject to the Annual Fee. City's use of the modems and subscriptions shall be subject to the standard terms and conditions set forth in the terms and conditions packaged with the modems. City shall be required to return to Metricom any equipment provided to City upon termination of any free subscriptions in good condition, ordinary wear and tear excepted. 4.3.2 Timing of City's Election. City shall be required to make an election under this § 4.3 within thirty (30) days of the Effective Date,. or each anniversary of the Effective Date, as the case may be. Such election shall be applicable for the longer of either the following one -year period or until a subsequent election is made in accordance with the previous sentence. 4.3.3 License Restrictions. City shall use all subscriptions and equipment provided pursuant to this § 4.3 solely for its own use and shall not be entitled to resell, distribute, or otherwise permit the use of the same by any other party. 4.4 Reimbursement of City's Expenses. Metricom shall reimburse the City at City's standard rates for all reasonable expenses relating to the preparation, issuance, and implementation of this Permit, promptly upon receipt of bills, paid invoices, and such other documentation as Metricom shall reasonably require. The reimbursement provided for in this § 4.4 shall not replace or excuse Metricom from the payment of any applicable City permit fee for work undertaken in connection with this Permit. 4.5 Potential Utility Users' Tax. 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 City determines that 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 City's Municipal Code. 4.6 Most - Favored Nation Clause. Should Metricom after the parties' execution and delivery of this Permit enter into an attachment permit agreement with another municipality of the same size or smaller than the City in the Los Angeles Metropolitan Statistical Area which agreement contains financial benefits for such municipality which are substantially superior to those in this Permit, City shall have the right to request that • Attachment Permit Agreement City of Seal Beach :: Metricom, Inc. page 7 of14 • • Metricom modify this Permit to incorporate the same or substantially similar superior benefits. 5 REMOVAL AND RELOCATION OF RADIOS. Metricom understands and acknowledges that • City may require Metricom to relocate one or more of its Radios, and Metricom shall at City's direction relocate such Radios at Metricom's sole cost and expense, whenever City reasonably determines that the relocation is needed for any of the following purposes: (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 as requested by the City in accordance with the foregoing provision, City shall be entitled to relocate the Radios at Metricom's sole cost and expense, without further notice to Metricom. 5.1 Metricom Desires Relocation. 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. 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 and subject to the terms and conditions of this Permit. 5.2 Discontinuation of Service. In the event that any Radio subject to this Permit is abandoned and no longer placed in service for a period -of six (6) months or more, Metricom promptly shall notify the City, and the City, at its option, may require Metricom promptly to 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. 5.3 Damage to Right - of - Way. 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, shall promptly repair and return the Public Right of Way in which the Radios are located to a safe and satisfactory condition to the satisfaction of the City's Director of Public Works. If Metricom does not repair the site as just described, then the City shall have the option, upon fifteen (15) days' prior written notice to Metricom, to perform or cause to be performed such reasonable and necessary work on behalf of Metricom and to charge Metricom for the proposed costs to be incurred or the actual costs incurred by the City at City's standard rates. Upon the receipt of a demand for payment by the City, Metricom shall reimburse the City for such costs. 6 INDEMNIFICATION, WAIVER, AND BOND. Metricom agrees to indemnify, defend (with counsel reasonably acceptable to the City) , protect, and hold harmless the City, its council members, officers, employees, and agents from and against any and all claims, demands, losses, Attachment Permit Agreement City of Seal Beach :: Metricom, Inc. page 8 of 14 • . damages, liabilities, fine charges, penalties, administrative and judicial proceedings and orders, judgements, remedial actions of any kind, all costs and cleanup actions of any kind, and all costs and expenses incurred in connection therewith, including 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 negligence or willful misconduct of the City, its council members, officers, employees, agents, or contractors. 6.1 Waiver of Breach. 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. 6.2 Waiver of Claims. 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. 6.3 Limitation of City's Liability. The City shall be liable only for the cost of repair to damaged . Radios arising from the 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 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. 6.4 Bond or Other Security. Prior to the commencement of any work under this Permit, Metricom shall furnish or cause to be furnished to City a good and sufficient bond, substantially in the form attached hereto as Exhibit C entitled Surety Bond, in the amount of Two Thousand Five Hundred Dollars ($2,500), or such other comparable security instrument as may be approved by the City's attorney or risk manager, securing the faithful performance by Metricom of all of the work, construction, installation, and removals required to be performed by Metricom under this Permit within the time periods set forth hereunder. 7 INSURANCE. Metricom shall obtain and maintain at all times during the term of this Permit (including the period between the expiration hereof and Metricom's removal of its Radios or other equipment from the Public Right of Way) comprehensive general liability insurance and comprehensive automobile 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 in an amount of 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, and agents as additional insureds as respects any liability arising out of Metricom's performance of work under this Permit. Coverage shall be provided in accordance with the limits specified and the Provisions Attachment Permit Agreement City of Seal Beach :: Metricom, Inc. page 9 of 14 • • • 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. 7.1 Filing of Certificates and Endorsements. Prior to the commencement of any work pursuant to this Permit, 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 all of the following: (a) 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; (b) A provision stating that thirty (30) days' prior notice of cancellation is unqualified as to the acceptance of liability for failure to notify the City; and • (c) A provision stating that Metricom's insurance is primary as respects any other valid or collectible insurance that the City may possess, 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 the City as the address specified in § 8 below: 7.2 Workers' Compensation Insurance. 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 than Five Hundred Thousand Dollars ($500,000) or such other amounts as required by California law, and shall furnish the City with a certificate showing proof of such coverage. 7.3 Insurer Criteria. 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 & Company's Insurance Guide. Insurance certificates issued by non - admitted insurance companies are not acceptable. 7.4 Severability of Interest. 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 "separation of insureds" clauses shall be made a part of the comprehensive general liability and comprehensive automobile liability policies. Attachment Permit Agreement City of Seal Beach :: Metricom, Inc. page 10 of 14 ' ? • • 7.5 Contractors' and Subcontractors' Insurance. Metricom shall require that all contractors and subcontractors obtain insurance meeting the criteria set forth herein and shall furnish to the City copies of all certificates evidencing such policies of insurance. 7.6 Insurance and Indemnification Obligation. Metricom's compliance with the insurance requirements herein shall not excuse, replace, or otherwise affect Metricom's duty to indemnify and defend the City pursuant to § 6 of this Permit. 8 NOTICES.. All notices which shall or may be given pursuant to this Permit shall be in writing and delivered personally or transmitted (a) through the United States mail, by registered or certified mail, postage prepaid; (b) by means of prepaid overnight delivery service; or (c) by facsimile transmission, if a hard copy of the same is followed by delivery through the U. S. mail or by overnight delivery service as just described, addressed as follows: if to the City: • CITY OF SEAL BEACH • Attn: [NAME OF CONTACT] [ADDRESS] [CITY, STATE, ZIP] if to Metricom: METRICOM, INC. Attn: 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 delivered in the manner set forth above. • 9 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 such 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, if the defaulting party fails to commence such cure within forty five (45) days or fails thereafter diligently to prosecute such cure to completion), provided that the grace period for any monetary default shall' be ten (10) days from receipt of notice.. As used in this § 9, the term default shall include, with respect to Metricom's obligations hereunder, Metricom's failure (i) to comply with the restrictions established in § 3, (ii) timely to pay any sums owing to the City under § 4, and (iii) to maintain, deploy, relocate, or remove its Radios as provided in § 5 hereof. 10 ASSIGNMENT. This Permit shall not be assigned by Metricom without the express written consent of the City, which consent shall not be unreasonably withheld, conditioned, or delayed. Any attempted assignment in violation of this § 10 shall be void. Notwithstanding the foregoing, Attachment Permit Agreement City of Seal Beach :: Metricom, Inc. page 11 of 14 • • the transfer of the rights and obligations of Metricom hereunder to a parent, subsidiary, or financially viable affiliate of Metricom or to any successor -in- interest or entity acquiring all or substantially all of Metricom's outstanding voting stock or assets shall not be deemed an assignment or transfer for the purposes of this Permit, provided that (i) any such transferee will have a financial strength after the proposed transfer at least equal to that of Metricom prior to the transfer, (ii) any such transferee assumes all the obligations of Metricom hereunder, and (iii) Metricom shall not be released from the obligations of this Permit by virtue of such transfer. If such criteria are satisfied, it shall not be deemed reasonable for the City to withhold its consent to the proposed transfer, unless the proposed transferee has a record of performance under similar agreements which is unacceptable to the City under a reasonable standard of evaluation. Lack of prior specific experience in administering a system providing the Services described in this Permit shall not, by itself, be deemed a reasonable basis for refusing or conditioning the City's consent. Metricom shall give to the City thirty (30) days' prior written notice of any transfer for which notice is required hereunder. In the case of any proposed transfer for which the City's consent is required hereunder, Metricom agrees to reimburse the City for its reasonable expenses incurred in reviewing such transfer proposal. 11 MISCELLANEOUS PROVISIONS. The provisions which follow shall apply generally to the obligations of the parties under this Permit. 11.1 Nonexclusive Use. Metricom understands that this Permit does not provide Metricom with exclusive use of any City -owned poles or property and that City shall have the right to permit other providers of telecommunications services to install equipment or devices in the Public Right of Way; however, City shall endeavor promptly to notify Metricom of the receipt of a proposal for the installation of communications equipment or devices in the Public Right of Way, regardless of whether a license is required by the FCC for the operation thereof. 11.2 Amendment of Permit. This Permit may not be amended except pursuant to a written instrument signed by both parties . 11.3 Severability of Provisions. 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. 11.4 All - Hours Contact. Metricom shall be available to the staff employees of any City department having jurisdiction over Metricom's activities twenty -four (24) hours a day, seven (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: 11.5 Governing Law; Jurisdiction. 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 Attachment Permit Agreement City of Seal Beach :: Metricom, Inc. page 12 of 14 exclusively in the state courts of California, County of Los Angeles, or in the United States District Court, Central District of California in the County of Los Angeles. 11.6 Attorneys' Fees. Should any dispute arising out of this Permit lead to litigation, the prevailing party shall be entitled to recover its costs of suit, including reasonable attorneys' fees. 11.7 Exhibits. 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. 11.8 Successors and Assigns. This Permit is binding upon the successors and assigns of the parties hereto. 11.9 Rules, Regulations, and Specifications. Metricom acknowledges that the City may develop rules, regulations, and specifications, including a general ordinance or other regulation governing wireless telecommunications in the City (the "Regulations "), for the attachment, installation, and removal of Radios and any similar purpose devices on the City -owned facilities, including poles, and that such Regulations, when finalized, shall govern Metricom's activities hereunder as if they had been in effect at the time this Permit was executed by the City; provided, however, that in no event shall such Regulations 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 or materially increase Metricom's obligations hereunder. 11.10 Advice of Displacement. 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. 11.11 Consent Criteria. 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, condition, or withhold its approval or consent. Attachment Permit Agreement City of Seal Beach :: Metricom, Inc. page 13 of 14 • 11.12 Entire Agreement. 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. IN WITNESS WHEREOF the parties have executed this Permit as of the date first above written. City SEAL BEACH, a Califo 'a muni ipal corporation By: Keith R. Till [name typed] Its: City Manager Metricom: METRICOM, INC., a Delaware corporation Y Kirk Wampler, Dir for of Right of Way * * * ** • • Attachment Permit Agreement City of Seal Beach :: Metricom, Inc. page 14 of 14 • • • EXHIBIT A- DESCRIPTION DIAGRAM OF RADIOS • • [EXHIBIT B] [PROPOSED RADIO LOCATIONS] PROPOSED LOCATIONS TO BE PROVIDED AFTER REVIEW OF STREET LIGHT MAPS AND PRIOR TO DEPLOYMENT • 1 1 0 � a 0 om ps oco "l< .. ....--- 1 '‘ .kil 0 A # o /r ca it= 0 -,i 0 0 9 ° .s. -6- o / ; . g j o i \ l $ N g . • iit St ( . 1 i 1 ci : 1 o w <> <> 0 o o � o frfe 3 • 0 °= � o IX <> * N x nii. � e � 0 'C .,... W i m d� J W co • • a1 inssuraa fnci e� 305 Walnut Street.Redwood City CA 94063 .747 es fmanciai www.CyberSurecom � J January 2, 2001 METRICOM, INC. Attn: Dick Au 333 West Julian Street San Jose, CA 95110 RE: Surety Bond 00-254-694 for City of Seal Beach /T7/8-O/t(_, Dear Dick, Attached with the notice of cancellation for bond number K05897920 from ACE-INA, please find a copy of replacement bond number 00-254-694 issued by The Insurance Company of the State of Pennsylvania(an AIG Company) in the amount of$2,500. This new bond has been made effective March 7, 2000 to ensure that you will have absolutely no lapse in coverage. The original of this bond has been mailed to the Obligee with along with ACE-1NA's notice of cancellation. If you or the Obligee should have any questions regarding this replacement bond, or have any other related issues, please contact us at(650) 839-6000. Jeff Pre,. t ABD Surety Services Cc: City of Seal Beach I N Y '. License N°0460590 INSI&NCE COMPANY OF NORTH AMP ICA Date: January 5, 2001 Obligee: City of Seal Beach City Hall 211 Eighth St. Seal Beach, CA 90740 Notice Of Cancellation Bond Type: License and Permit Bond Amount: $2,500.00 We hereby cancel our Bond #K05897920 issued to Metricom, Inc. in accordance with the terms and conditions of the Bond or Policy. You will, therefore, please take notice that as of 12:01 a.m., Standard.Time on the 9th day of February 2001, the said bond will terminate and cease to be in force, unless sooner terminated by you. INSURANCE COMPANY OF NORTH AMERICA Surety Diet_ By`—)/ffr A/ / a 0.re McGruder Attorney-in-fact Principal: Metricom, Inc. 980 University Avenue Los Gatos, CA 95032 Producer: ALBURGER BASSO DEGROSZ '820 BAY AVENUE SUITE 111 CAPITOLA CA 95010 Processed: 1/5/2001 ACE USA Bond Services Virginia Beach Sales and Service Center P.O. Box 2005 mm Virginia Beach, VA 23450-2005 • • [EXHIBIT C] [FORM OF SURETY BOND] Bond Number: 00-254-694 SURETY BOND KNOW ALL MEN BY THESE PRESENTS: That METRICOM, INC., as Principal, and The Insurance Company of the State of Pennsylvania, incorporated under the laws of the State of Pennsylvania, and authorized to execute bonds and undertakings as sole surety, are held and firmly bound unto City of Seal Beach, as Obligee, in the sum of Two Thousand Five Hundred and no/100 ($2,500.00) DOLLARS; for the payment thereof, well truly to be made, said Principal and Surety bind themselves, their administrators, successors and assigns,jointly and severally, firmly by these presents. The condition of the foregoing obligation is such that: WHEREAS, the above bounden Principal is about to enter into a certain agreement with the Obligee for the following: To secure the faithful performance by Metricom of all of the work, construction, installation and removals required to be performed by Metricom under the Agreement within the time periods set forth hereunder, the award of which said Agreement was made to the Principal by the Obligee, on December 6, 1996. NOW THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions, and provisions of said Agreement during the original term thereof, and any extensions thereof which may be granted by the Obligee, with or without notice to the Surety, and if he shall satisfy all claims and demands incurred under such Agreement, and shall fully indemnify and save harmless the Obligee from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the Obligee all outlay and expenses which the Obligee may incur in making good any default, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligation on this bond, and it does • • hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement to the work or to the specifications. PROVIDED, HOWEVER, this bond is issued subject to the following express conditions: 1. This bond shall be deemed continuous in form and shall remain in full force and effect until either the Principal's obligations under the Agreement are satisfactorily completed or the bond is cancelled by the Surety, after which all liability ceases except as to any liability incurred or accrued prior to such satisfactory completion or cancellation. 2. The aggregate liability of the Surety hereunder on all claims whatsoever shall not exceed the penal sum of this bond in any event. 3. The Surety reserves the right to withdraw as surety from this bond, except as to any liability incurred or accrued, and may do so upon giving the Obligee Sixty (60) days written notice. SIGNED AND SEALED this March 7, 2000. PRINCIPAL SURETY METRICOM, INC. THICINSURANCE COMPANY OF THE STAT 1 . PEN YLVANIA By� ` By: %� Title: Di'`� -.P. Corporate Operations 4€.4 o'7 tt�ey-In-Fact Address: Two Rincon Center 121 Spear Street San Francisco, CA 94105 (415) 836-2979 (Affix Corporate Seals) (Attach Acknowledgements of both Principal and Surety Signatures) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California } } County of Santa Clara} On January 4, 2001 before me, Balraj S. Deol, Notary Public, personally appeared Dick Au, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal r""a BALRAJ S. DEOL 1 '��V'Vppppll .,� Comm.# 1283145 N to 4_� NOTARY RUBLIGCAUFORNI4 1t Santo Clara County — nma.,� My Comm.Expires Nov 4,2004 i 691/2tchr..-04 Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment to another document Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity lies) Claimed by Signer RIGHT THUMBPRINT OF Signer's Name: SIGNER ners ame: g Top of Thumb Here ❑ Individual ❑ Corporate Officer ❑ Partner- ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: i • California All Purpose Acknowledgment State of California County of San Mateo On December 8, 2000 , before me, Erin Bautista, Notary Public Date Name&Title of Officer/Notary personally appeared Jeff Prevost Names(s)of Signers(s) personally known to me, - - - ; . - . - .- • . - • - • ' -r - - - = to be the persons) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/64e41;ey executed the same in hislher/their authorized capacity(ies), and that by his/her/thieir signatures) on the instrument the person(s)., or the entity upon behalf of which the person4s4 acted, executed the instrument. WITNESS my hand and official seal. ERIN BAUIISTA — dr Commission# 1181074 v3 Notary Public-California �.�. San Mateo County My Comm.Expires Apr25,2(X12 Mary Public OPTIONAL (The information below is not required by law) Description of Attached Document Title/type of Document Date of Document No. of Pages Other Signer(s) h:\docs\surety\forms\notary.doc Tile Insurance Company of the St' Y f Pennsylvania • POWER OF ATTORNEY Principal Bond Office: 70 Pine Street,New York, .Y. 10270 No.05-B-53217 KNOW ALL MEN BY THESE PRESENTS: That The Insurance Company of the State of Pennsylvania, a Pennsylvania corporation, does hereby appoint ---Mark Roppo. Katherine C. Zerounian, Erin Bautista,Jeff Prevost,James B. Shea,Jason Jenkins: of Belmont,California--- its true and lawful Attomey(s)-in-Fact, with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business, and to bind the company thereby. IN WITNESS WHEREOF,The Insurance Company of the State of Pennsylvania has executed these presents this 25th day of April, 2000. 41. awrence W. Carlstrom, Vice President STATE OF NEW YORK COUNTY OF NEW YORK}ss. On this 25th day of April, 2000 before me came the above L IIVI." named officer of The Insurance Company of the State of Pennsylvania, to me personally known to be the individual and MIRIAMTA /:- officer described herein, and acknowledged that he executed the �No - - d Newlb* foregoing instrument and affixed the seal of said corporation Qusllfied in p n,, thereto by authority of his office. Con mission Expires Feb.14,2002 CERTIFICATE Excerpts of Resolution adopted by the Board of Directors of The Insurance Company of the State of Pennsylvania,on May IS, 1976: "RESOLVED, that the Chairman of the Board, the President, or any Vice President be, and hereby is, authorized to appoint Attorneys-in-Fact to represent and act for and on behalf of the Company to execute bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof,and to attach thereto the corporate seal of the Company, in the transaction of its surety business; "RESOLVED,that the signatures and attestations of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed with respect to any bond, undertaking, recognizance or other contract of indemnity or writing obligatory in the nature thereof; "RESOLVED, that any such Attorney-in-Fact delivering a secretarial certification that the foregoing resolutions still be in effect may insert in such • certification the date thereof,said date to be not later than the date of delivery thereof by such Attorney-in-Fact." I, Elizabeth bl. Tuck, Secretary of The Insurance Company of the State of Pennsylvania, do hereby certify that the foregoing excerpts of Resolution adopted by the Board of Directors of this corporation, and the Power of Attorney issued pursuant thereto, are true and correct, and that both the Resolution and the Power of Attorney are in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of the corporation 8th December 2000 this day of ✓ '- e ,j )n 11 i N i Elizabeth M.Tuck, Secretary 23238(4/99) - • RELIANCE SURETY COMPANY PNI•a,Penn yl INSURANCE COMPANY �� Reliance Philadelphia,Pennsylvania Phila ma,Pennsylvania • %� �< RELIANCE INSURANCE COMPANY RELIANCE NATIONAL INDEMNITY COMPANY Wu- Philadelphia, Pennsylvania Philadelphia,Pennsylvania CANCELLATION NOTICE Certified Mail P 058 642 031 TO: Obligee/ Address: City of Seal Beach City Hall 211 Eight Street Seal Beach,CA 90740 TO: Principal/ Address: Metricom, Inc. 980 University Avenue Los Gatos,CA 95030-2375 Bond No.: U268 92 68 Bond Type: Permit Bond Effective Date: 3/7/97 You are hereby notified the captioned bond is canceled in accordance with the cancellation provisions contained therein or in applicable laws or regulations. This Notice is mailed to you on 1/16/98 and is to be effective on or about 3/16/98 or if such effective date does not provide for a sufficient number of days notice, as required, then upon the earliest date permitted. The issuance of the Cancellation Notice shall not, however, extended the effective date of cancellation if such bond has been canceled upon an earlier date under the provision, of said bond. UNITED PACIFIC INSURANCE COMPANY shall not be responsible thereunder for any acts or defaults committed or loss occurring after the effective date of cancellation, nor for any losses not discovered in accordance with the provisions of such bond. BY: Surety: UNITED PACIFIC INSURANCE COMPANY • Peter E. Lynch,Attori‘ey-in-Fact PEFF c'A NCiELLATI ACKNOWLEDGMENT (Please sign duplicate of this Notice and return to Surety) B. k 4 t-SJ Date: ce—ttatay 9, / ci I BD-1111 4/94 i • x�-: THE[FACEIOFjT I�IDOCUMENTiHAS]AICOLOREDIBACKGROUNDIONivoIREIPAP,ER E ig'S-f r " , ,„�, rA l S. T.. ,a4t.La Yhnt 3k ettELIAteNCE,SURETY,COMPANY 'ra >z 4 LIANCE INSURANCE COMPANY' y ` k?tt H b 1.w w*, ye Tr a✓ w w ,2`N v/ B e R▪ te < .-m x r.r o a -. s 3- �,ic1NITED PACIFIC INSURANCECOMPANY` �p <, 'c r x",d' `RELIANCE NATIONAL INDEMNITY COMPANY f_-'. gii R+° xa.-. +r JI itu^fite y+t i -4.1ru,r3 i 'S`n twYCif n ,,,,e c ti.ai,_ ▪+�L` e I`a I.«nr 'c rh +� P Yig 9 1 +)i �C5 ,il r 4'rsE 1 �Vsv.��6". r7i 1 8 V� ry + " ,}. 4 A 11 Y9e 4 f ,1 61';t �I� "3{fi ' B, 'W 5 .' f A4 r+HIL DEL 'x� ,N > e l 4 s; n� +' d ADMINISTRATIVE OFFICE PHILADELPHIA 3PENNSYLVANIA � g r { '+ f z. b r pfkt fk.'r t}a e r 1e „‘„,,44„.„,t ,,, e ,1 ° i YYr i POWER OF ATTORNEY` " � k,,i„' 1,,t,., :t r7 Fe- ` : �''r ` 'h 1 uF i•$g - .c «6 a ek"A tit' i N Y,' t U-,4 +k5 kl 4 4 -3" n , ,ry r KNOW=ALL MEN=BY.k,THESEttiPRESENTS sthat RELIANCE SURETY.�COMPANYis a corporation duly„org n zed''under theLlawe.4 fjthe State ofxDel aware„and.that AELIANCE.I Ns RANCE,COMPANY-and UNITED°PACIFIC, E-INSURANC COMPANY;are corporations duly organized',under the,laws e oftthe Cominonwealthfof Pennsylvenla'and that RELIANCE NATIONAL INDEMNITY COMPANY;is a•:corporationdu4hWergamzedlunder the,laws of ' the St to and isconsm_Iherein collectively called-:'the Companies')4andpthatxthe Compames,byfvvtuesof`4slgnature and seals`�do hereby make the State of -appoint PeterE Lynch;of:San Francisco California their-true',andyawfUl+Attorneyls)-in--Fact tto make execute,seal and deliver forp'i and,on their behalf and as their act andldeed any.and all b'onds and undertakings of suretyship and,to bind,the Companies theretiy as`fully and to -< -the same extent as If such bonds and undertakings-and other writingsrobligatory m,the nature thereof`were signed,by an Executive Officei of the°.: ;Companies and sealed and4caatttested by one other of such officers'oand hereby'ratdles endjconfirms all'that their said Attorneylsl m Fact may do In (pursuance hereof r W e K`f' i+ `,A v;^74rr ` '. o x 1>="r �r t3T 3� n14 =} i 0grant under an ,n,`+ya Cplp us tz .y-L ws co '' a,k 5,s▪f o ' C..' ,This :Power`oY Attorneycls,,granted under an'trby theeauthority„of Article;(VII of the;By Laws„of•flELIANCE SURETY,,;COIv14. .„ , RELIANCE INSURANCE COMPANY, UNITEDPPACIFIC INSURANCE COMPANY r and 'RELIANCE NATIONAL3rINDEMNITY COMPANY which{+ aptrovisions are now_in full force and effect, reading as follows: .^ e , , d ,� ;� F”' ,.,.,-I 2.14`7 ;�'14'4 ”" y,.yt ,� -x y`t � ub k e: t��g"."1" `3','.v a ,s; ▪ nr _ 2.' n, „- t +4q u. S 'T tj y, 'zrd 3 p ARTICLE VII EXECUTION OF BONDS AND UNDERTAKINGS .•' '`Y#, s to.Z r ,kf" Act,° 4nn-a ��`-` � , . . -Fz s>7•0 It i�d' X>fkm v ut' ,s t,E ,t �% s p. i is s ,i t '▪ p- s 4 x w ant { r d di �'he 1 The Board of D rectors the P esitlent the Chairman°f the Boa d any senior Vice P widen[ an Vlce President or Ass Stan[vice President w other oftice-0eslgnatetl byahe aoartl of i; Directors shall have power a i authoany.to lei appoint Attorneyisl n Fact and to authorize them to execute on behalf of the Co part',bonds a d undertakings recogn zanies p°ntracts of Indemn ty Pend other writings obligatory n the azure the eor and fbl to remove any:such Atto neylsl-in Fact at anV time and a oke the po er and author ty gi a to'them T `t t e' * `5a M g4i e m c� 4? �� =T �ml r k . of 4 '- x . al 1 th tn. r• d y r';.2. ne�sl Factwshall have power and author ty sublect,%Te to ms,and m tat ors ofrthe Power of Atto ey issued to ih m to execute deliver v.behalf of the ,v,._y bonds▪ ° fand undertakings,.recogn za ces,'contracts of ndemn ty and othe w tings obligatory in the nature thereof The corporate seal s not necessary forithe validity of any bonds and undertak gs.Y« reeycoccggrt�.n'zances c�ontra�cvts of i demnity and other wr t ngs)obi gatory mlthe`hatu a thereof.4 /5f°,r zg✓O s 'AS-a.. , ° N° 'yi'rs 4�1p,31 9j K.' ° x^. ' y' -�1!9Z, 6 'r+ Id Vrr�,^ c, -,tilt, sfa.„ + t{ � e 7: 'l�l' 44,446.t.p.;F 1'G e i� hi1i-�`. ' 23 A is I' ty 1x1 Y tf squ ^ate" z ach d on.nds og ne .,_f 3 Anorneylil in Fact shalljhave,poweraandauthonty to execwejaH tlav is"regmred t°be'anachetl to bontls recogn zances`contracts-.of ndemmry or other condm°rah°r.abl gala y jr,:: undertakngs and they shall also have powe and authority to certify the I nanc al statement of the Company and to copies of the By laws of the Company or any article or section thereof aj n I IX,pf roue; m"''`iz'Sre''LiT yz; `kr t':cry i )." -o a'a" 'h c ,+n Ilk i S'"r i1 tea- ;t _ y y,t ,t This r and by,authority of the,.foll g resol tion adopted by the Executive and Finance Com▪mittees of pep-Boards of Directors tof▪Relian e}�, t Ins ano Company United Pacifc Insurance Companyyand Balance National indemnity Company,by unanimous Consent dated as of Febr a y 29',l 994'`end byethe E ecutive and Fnancal3Y t,'+"./ Committee of the Board'of Directors of'Reliance Suety Comp-any by V animous Consent dated as of March 31 1994 '* <,„,,,,,,,�,,,j,k,,, rot t c` r. rr. v. pyN} ti3, L ..'-.ate fr1- y '. $� J 3 1,. >2. ` ' , .. �2- .V{-4. kr c ',},�5.,�y v� ,a a.� ,P," p, Resolved.that the signatures of such directors 4and-officers and the seal of the Compa y ayrbe affi ed to'any such/sower,of Atto ney.or any certificates s YrY!elating�Ythereto.by,y 6- , i facsimile,and'any such Power of Attorney oriertdlcate bearing suchlactimile signaturesor facsimile seal shall be valitl end:bintlng,upon the Company and any such Power so 4 1i ye, executed and-cart i edtby facsimile signattures and facsimile seal shall be valid•and bmdmg upo the Company in the future with refsppect to any,pond(or undertaking td which it is 'm attached P ._..r e-s't`"u,4 i, d"'y'.#+` +k a Lek ,n f ihtai ,6 E' c"l`�x��E , ii c7-1 t+ 0 ,4„ 4 '€+ U,e t ds- s3 o a 'l° o, Xcl`" i^ Z Duly ,▪�y'I` IN WIT NESS tWHEREOF the CompamesHhave caused these presents to be signed and their corporate seals toabe hereto e,,f fixed' this July 19 4. 199 ' -, .fib zj , c ,n -i It “,,,.14,t,',.,,,, t4 h p`u ” .- fir° 4.7 m `• �t ft,-,,Lit-,t,..v w }, �. ro �.x a l ,''t,l iNa -IT.!CE."''p Vi`., o C t`[T �� ``.+f' ,"t 1>'°1 , -- -,' 5, > r. ,.si=x e .s `° m',g 'ti. _.`rt_„ 1▪ 4.�� ,.▪ t ,,' , y �`R `""ofd"} ' .t ' "17 t,31 ,RELIANCE SURETY°COMPANY Ti.„--- r + ,3,. gc�� 5,,,,, Pg� JNIT' DPACI ICINSURANCE COMPAyv „� , P,, v 'TV '" '" a n .,� .t1 .w4 Y-5,- it, i # pr UNITED PACIFIC INSURANCE COMPANY; ' is+; 44 .4rA.,d ,40 ° +°o° t , �er°vr 4` i t -'' RELIANCE NATIONAL INDEMNITY COMPANY 1e ° r.'f, ✓iii , - ,°ca..s' v d SEM4 F ° 7 se L• .4:r+r,, ,r r "4. }+ x t" ▪ '�' e' �"4 $4C- , ,s. . ti,r� s I[AL (♦uu '� 174 A -x r V. ?. fP440 al r s , rz• �i� - e 1 z ,4 nr `f yo Via. - % C v v, .1 d r .✓- e • -43 _ �` "`+ - a: ces:4..e' �i� e.•1 "� �s h ^3 i .c STATE OF Wash rig on a.4' q 3C �y `�'s '4f+- it,k3r �t U,ny' i +7.7+ ▪ ^ t ▪ d+..., e bcv .;f„,e n+ vk COUNTY OF King..r }"ss> .7 .x,.�y'�1`s -A ` t ^•i'I i 49424 v- ?xLa a7 5roA-,44} r r +. ▪ _ & r 2 YY�� a. :. �,, t1 "? g �P- e '.fi L V,'' ' -84 hr � W ,,,a, ,,4- .e:. 1 v' .E-. a i' T _ °pt.� 7-4-g.,-.._ On this Jul 19,1996 before me Janet▪'Blankley'personallytappeered Mark-W;Alsup who;acknowledged,l himself to be the-Vice President of "" ther ReliancetSurety Company`;and the Vice eiesidentj'of ReliancetInsurence+'Company United Pacific Insurence`Company;and'Reliince"National +_ Indemnity Company and that as such sbeing authorized to do so,f`-' he;foregoing instrument for thel purpose therein contained bysignmg" r the name of the corporation bylhimself aas its dulylauthorized off 50 L4 ° t%„,+? ='I ° 5 ' a i r In wit ass w ereo t hyereun lectrt ha dhand o f a- al °sue.4%'¢r r„t ',,. --9-` o a� a N. a v �€z1 t= ' er �4'4-114'437'e i�x.P r .NOTARY,:?,�<.`,1:Q y„waA .2. —r•s7 z, az '`�' .>s74*, e& r 'P ..4• :, ,1.,4 s3 .ly I ,-• '.,' w r 4..4)- r` P-?. 41)..,i f'._t^4`b 1 ^R' ..t n -` s - , ”: � 3 "' °PUBLIC amt.. T z'.zva, f+t �T 2�. a ti Y° a 'h M ,S w• U .. sit `'1T29A7 e,'Zi 4 f .¢' , S f v pay ,�n a sti r � 'ui'}- )lF -§a x+�z C t ),;'142 rn" u / � + e �$ `g V i r a+ 1 r FWASN\ e ��ai -' -; `1a if''A'rrl . - No art'Public in and for+the State of Washmgt.o,. s k.. �ycsc,p ''A y .0 n kuY3'C. V y M t + >, y" Re iding.at PUyallllupi: " WW1'^' gyp o :X�;r.. 5 -;"3 .•-r v k�rc-,- "*' do r3 ( �.; .z t, 4h rc' r1t1iY'"nc's-L:L S7 ti+ p {i1 *i'u et-' a" e.. "} c4" I Robyn Layng Assistant Secretary of RELIANCE SURETY COMPANY;RELIANCEtINSURANCECOMPANY kUNITED<PACIFIC>INSURANCE t OMP :: NY,=and RELIANCE NATIONAL INDEMNITY COMPANY do hereby,certi jPthai-the above and4for going Isla trueeand correct copy�oftithe Bower f Attorney executed by said Companies which is still in full force and effect 11a±�p�. r$ }�� 'j }, -9 may, �{a. dfd e �1S S. E hats eu `$+try' `n C"a ,y'e Se id r,il i t � n 6W A � •} .fi 4 N WITNESS WHEREOF I have hereunto�4- my hand and affixed the seals of said Companies this 16 th xday of>k January,�,�" t`xtp,.'1g;ti98 sk , flay,; ;#ft -II , "T ` # fm s, t- '7x1$4,1 7:?4,, e a i$'"_� > +zti r ' i.y} ss r c k,,,Yr"s�-. y 's°G 20�` -r `, y ,, e. hrr'f" •"t 1 1 Ft' FI.' +1�k"°w.u4'R' 4 cl iSfk+ a',Y '" \a. a r� t S sv..q a y 4• • ( r' f.,m t f +" it Ht F I 'i, F � ' 3 144‘;:---;.!,2..,. \ 1>a_ t `Gn sEtof 'T /▪ 114 Asp s - al f r ,/i/ ; ,.t . „t.. 9,.t\ 1', uur ▪ c ;A:6'WA!',6 Secretary t4 mil z �-" ,' ^a ,",4d. ' , , h °,. rR� x 174,,4" 1,44 + ee. #J --t , 1 --3` a� ,�v1 x 5155.. -'rw Vii'gi e4. ,4y� - ,, . . g ce a .1 i l`s d. i 3 �- 1 -V ,A3r�3"t as °ai b �e,t ?„,„,„..,„:„-‘4,;.,;. „,...„,,,,,,,,,,,,r U I ✓r" r t_ 4 n541 .L ,7 ',::7,----.:I• z r b ,2+,._ r x,,•ra. T o u h m 8oi e e "'° l $ t say °I"f sa f 4 t' Ty n P,_o n. P 1' R ▪ i•• ' -{c,-,.4 , �" 2; i if' "1/474%4 d+ rl'. '11'11., ° .t,.,s i `rr 4 ▪ s'-.a . 1i aA v ;•uv z,a „ ,, .i ' ,..;�,. TNEIBAEK{QFjT,HIS]DQC(IMENTjCONTAINSIANi ARTIF,IGIAL1WATiERMARKflHOLDIATIANTANGBEkT,OIV.IEW trtrAi , • • Fr 980 University Avenue • to)l Metric®m Los Gatos, CA 95030 January 29, 1998 VIA OVERNIGHT MAIL City of Seal Beach Joanne M. Yeo, City Clerk 211 Eighth Street Seal Beach, CA 90740 Re: Attachment Permit Agreement Dear Ms. Yeo: This letter is to notify you that Metricom has changed bond companies. Accordingly, please find enclosed an original Surety Bond in the sum of$2,500, which replaces the bond you currently have on file. If you have any questions,please feel free to call me at 408-399-8164. Sincly yours, S Norine Luker Property Manager Enclosure Telephone: Fax: 408.399.8200 408.354.1024 EXHIBIT C Bond No. K05897920 Premium: $100.00 per annum. SURETY BOND KNOW ALL MEN BY THESE PRESENTS: that METRICOM, INC. , as Principal, and INSURANCE COMPANY OF NORTH AMERICA, Incorporated under the laws of the State of Pennsylvania, and authorized to execute bonds and undertakings as sole surety, are held and firmly bound unto the City of Seal Beach, as Obligee, in the sum of Two Thousand Five Hundred and no/100 ($2,500.00) for the payment thereof, well and truly to be made, said Principal and Surety bind themselves, their administrators, successors and assigns, jointly and severally, firmly by these presents. The condition of the foregoing obligation is such that: WHEREAS, the above bounden Principal is about to enter into a certain agreement with the Obligee for the following agreement: Attachment Permit Agreement the award of which said agreement was made to the Principal by the Obligee on December 6, 1996 . NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions and provisions of said agreement during the original term thereof, and any extensions thereof which may be granted by the Obligee, with or without notice to the Surety, and if he shall satisfy all claims and demands incurred under such agreement, and shall fully indemnify and save harmless the Obligee from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the Obligee all outlay and expenses which the Obligee may incur in making good any default, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. PROVIDED, HOWEVER, this bond is issued subject to the following express conditions : 1. This bond shall be deemed continuous in form and shall remain in full III • force and effect as required by and in accordance with Section 6 .4 of the agreement after which all liability ceases except as to any liability incurred or accrued prior to the date of cancellation. 2 . The aggregate liability of the Surety hereunder on all claims whatsoever shall not exceed the penal sum of this bond in any event. 3 . The Surety reserves the right to withdraw as surety from this bond, except as to any liability incurred or accrued prior to the date of cancellation and may do so upon giving the Obligee sixty (60) days written notice. 4 . Bond effective date March 7, 1998. Signed and sealed this 28th day of January, 1998 . PRINCIPAL SURETY METRICOM �IN INSU••.• E COMPANY OF NORTH AMERICA • BY: G�'�c-r Q� _.l/_. ✓ _yam. B tu.✓... �. ,ems _J-4/. // /fp itle Rosemarie Guanill, /�V✓ �. Attorney-in-Fact Address: P. O. Box 13342 Sacramento, CA 95813 (Affix Corporate Seals) (Attach Acknowledgments of both Principal and Surety Signatures) ■ { CALIFORNIA ALL-PURPOSSPACKNOWLEDGMENT • _ State of eat R up-_- ,,I 11r, County of �� Q. IWL� pi On 3G1y 2 � ta�p before me, I. t d1 ^ate (� ( Name and le of Officer(e.g.,"Jan Doe,Notary Public") ll personally appeared t$ v�LA [0. – 0(S/-- , ` n Name(s)of Signer(s) I'' ❑personally known to me–OR–�9-proved to me on the basis of satisfactory evidence to be the person(s) r I' whose name(s) is/are subscribed to the within instrument Ic and acknowledged to me that he/she/they executed the I it same in his/her/their authorized capacity(ies), and that by It, his/her/their signature(s)on the instrument the person(s), 'Pi I S""" T.BICKNELL �, or the entity upon behalf of which the person(s) acted, � � ��t�� executed the instrument. ` ^ c S ` i'►� SANTA CUBA COUNTY mv Comm.Bafes 10.ILK9 WITNESS my hand and official seal. Al Kel- Signature of Notary Public 9. OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. l Description of Attached Document )I r. Title or Type of Document: Ai Su 1l Document Date: Z"D/ 9q/ Number of Pages: 9 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) K1Signer's Name: J l�WYWSL— Signer's Name: Z'i ❑ Individual ❑ Individual a N i 1/49eCorporate O i er� � �uc� ❑ Corporate Officer �l Title(s): Title(s): e) 8 ❑ Partner—❑ Limited ❑ General CI Partner—❑ Limited ❑ General 191 ❑ Attorney-in-Fact ❑ Attorney-in-Fact 1 '* ❑ Trustee ❑ Trustee s RIGHT THUMBPRINT RIGHT THUMBPRINT ❑ Guardian or Conservator OF SIGNER ❑ Guardian or Conservator OF SIGNER ri ❑ Other: Top of thumb here ❑ Other: Top of thumb here P .KFI kJ H i. FI Signer Is Representing: Signer Is Representing: it r. ,I l I_______ 1 et ''' e'a" �r�' ar d . 'e a'e-'a 's..a Ci ' = s"ac'dz• . a- _,e area's.v. _ _ a o'>i� — , ©1995 National Notary Association•8236 Remmel Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 Prod.No.5907 Reorder:Call Toll-Free 14600-876-6827 I , , CALIFORNIA ALL-PURPOSE•ACKNOWLEDGMENT lr State of California A County of San Francisco On January 28, 1998 before me, Dena Mitchel, Notary Public � DATE NAME.TITLE OF OFFICER-E.G.. JANE DOE.NOTARY PUBLIC \' Rosemarie Guanill 1 personally appeared `A 1 NAME(S)OF SIGNER(S) 1 tiLXi personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence 1 to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- k Nknowledged to me that he/she/they executed the same in his/her/their authorized `A capacity(ies), and that by his/her/their r signature(s) on the instrument the person(s), h r r ;r ` �I t�#i J7jj� or the entity upon behalf of which the , , 1, say) Fuauc�=f 2 ;,. 17 ' � hreis^ 'if ,. - i person(s) acted, executed the instrument. d *comm.My t.0 COupn .a Expires may 2,'-1998' N WITNE . y hand and official seal. , ,` / / / N 1 SIGNATURE OF NOTARY N 1 S OPTIONAL Though the data below is not required by law. it may prove valuable to persons relying on the document and could prevent Sfraudulent reattachment of this form. S 1 CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT `� ❑ INDIVIDUAL 1 ❑ CORPORATE OFFICER A TITLE OR TYPE OF DOCUMENT l - TITLEIS) 1 — PARTNER(S) ❑ LIMITED A 1 7 GENERAL S ❑ ATTORNEY-IN-FACT NUMBER OF PAGES 1 ❑ TRUSTEE(S) GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: 1 NAME OF PERSONS)OR ENTITY(IES) - SIGNER(S) OTHER THAN NAMED ABOVE V. ^w'\� V w7 ,, ,r,' \•�r'\\%� v V...��u�u//\\V' u�i�U�1.w,n\v,�/.Q`✓ .\�' \��v/ ��/..D'/!�\a,; \� : i ' k9f\/ ,/fit\ �NSURANCECOMPANY\OFNOR,;MERIC ,f\/f^fir ti/73k�797�\ /Attu\ ney\��\/\\f\/�f \Vi \\�/\✓'\v`\ \1 �� \I /\✓/\%\y"`f`�1/4 I 7\- rU o ditIIlltblh, , Pr.Sents `,I*Jta SURANCE;COMPANY;OF;NORTH AMERtGA. a corporauonof the Commonwealth\of Pennsylvania fiavm yits'.principa offtee m,the City of Pfidadelphla!Pennsylvania�pursuaritto the'following•Resolution adopted by;me,Board of DEectors of the said£ompany on Decemb&5k 119g3%ro wit. U `' `/ \v v V J \V V, V \/ v \, V \% \\/, �/ �, v v � /\/ u \� u�\ul\/\,�, \i u u \rte✓ ui .�u,\/ /i�\.� \ //v/1\\J/ n� nnl% s,, /n /o e \/n\/^\rr;\ \//,`/a\ /\//.n\ \ h n O,∎,„9Tatpoarw A)-ii 3I8.nd51ofthe. .>N's,tAefa'"-Rulashall.. em' ucabonkrih Co mpanyofballs '7/, knhe' ompiny ry mnvacuandoNerwnungs 7, miretberwr Tfhv idea ny v./ni^yv`i/^oy ce Pr e n. iii/,vv litiv/ irnv ��iavi^v v bonds;undcai�vv/i y (1 co Lih VVe{Fher r.Soo V¢nArmdm4afY esa ei d entevdAasutan tYcePrcsidebecorpy'Ae Sect rF ramay szsmnt r dan ecteVof the Companyanyedall nyaffixed dxecute and'tha theP stdn} �ers V Ce Pra EmC eY Ve:;..w3 13f,d1,Av5,9 iivpspte,dmtnlry appomtanda41106 eY d Offus I,t,ea or appa ntei:, .eCompey amAtlo*":N Fad to o escdrt.m'ideit m The a./AN t\/ f i auch writings w bob If fde Contpey; toMfm theses)aide campeny deretia r � ,/ .- „ u�� A/ ,„ /( M chvnnngezewtedmacrurdaoca sda thaeaulahanbe®b degupont Campairy nnY Ca,,,Vrgh -e,%•ythe Pr ,<,ii.ed ti„veiw deCapwii-is etuy��trt ✓ �. /j e r*treo ,rnvvinA o env ins /nd Assvin cePr w . .n .iey ,...i-a. v A lr� 3) 7n ex lhePauhof icon m3tc1 ereM MINIM aimpany faAasuune dby Praimeietnm yeeii fie fimpsch po erandanys chp wer oneyptatefofsing auYgacsedpeRmntmtAud� '✓ �a tlon'aodd segnauve,far<tulymg Officer and the Si!vfde CgmpanY Oiey 6.ef[ixed by faa mdeto.my oaufcete at enY urL pawn and any such'power ar cenlpeatebear�oaifavimJe s�gnaoire andsW\ vh .a ''bind a8 on delamyey v% ✓ \`�':',"; /,.4\•. /7/\`..‘"/S.,, U v. 2, A/ , V� Vr ,,,% s V \, om v w�V(4 (4 u/r ee,O yu/vvU_vv.. �/� Jfn 7, �l ✓� ✓n n Xi/'<7�s I n VN (1 Sucb ode Ofnan Mde Compey etl Atromeyrin-Factdull have amhany tocwfy or,ver fy cop aotihu Raul tmn the ay Ltwz ofd Company,end vy efftdmtw rcmtdof the Campmy vecccsaiy to th< �du hereeofd'eirdwc�% \/ �9 U V %Vf/ '//Vim/: r \% j ?A�/\ •:///\ \ 'rVA'Pi A'7 fe'W lVY dW nottNOkeduY +tea'+ j��b9 Rartlun��o2'-V rd�Drt�ctprs edopted an JUne9�53 May 28 19'19 V'/, ti) t917 c/,/ �herebyrnommat /consututea appoint CHARCES,R SHOEMAKER,DONNAvEL ots ROGER G DICKINSON J;vCR'AniG�BEDE s ��/ NANCY E?iHAMICCON and ROSEMARIE GUANIit all of thevCrty of San Frane[s t,anaate,of Gabfomta",^,`each mdriidualty If h ��be inore than one named�Its true and Iawf Vthomey m fact,to make execute'seal�and deliver on Its behaW and as ltsact And'deed any 9.1)4 bapies g undertakmgs`recognizance��ontiacts andothei wnnngs in the natureahereof m penaltiesnot exceeding Three Million Dollars($3,000 006)and'�the,executlo 1/ V/` �f such wnungs in pursuance.of these presegts..shall be as binding upon said Company;as�f ally'and'amply as if ttley bad been�luly executed;and ackowledged� a"._7/ f byalie regularlyelected officers of the Comtp,n,t ns ,Ci ;,,,w,2A.,/ U �/ `�/ v/ V✓ \, U "' v> �% �/ A!' `� ✓n/n 4;i/vu/,QyanU7/ �. nQ�r / �/ vu � 1, /,\\1�AV�/w/'ti/\/\/�\��i vU\ � o1f f � v � .� i�v./� /�v ry ,� % n r,.. vA/n n /.f gi n ✓ v A /,;. IN,wITNESS,.wHEREQF„the y, William Jungreis. Ylce-President,ties hereunto subscnbed his name and affixed the,coryorateseal of the said/\ ✓ - ,`INSURANCE COMPANY.OF NORM AMERICA this',17th\'woeful A1997°/ Val U A% to J U n,/,‘ ' \! V% A/' "l\ v��. \� � Vv \/��"�,i i,ni.\INSURANCE�COMPANY OF•NOR7 .,.\A. RICA/\�A�� Vi _ lilt n -• , �\'VA.,/\��\� ^ "�� r "r`\'"��f\ a U n y'tCO/MMONWE OF ^VAIA ,\\\%�\;'1 \ ,�\\ - ,in\g��U �/ \v�� m!.-�au,fCOUNfYOFPHItiADELPHIA \ss>.!i� %�i` \�f\��\//\i',.\,/,� '/\� !\\� \��/j\ e,,„9., ' t„,,,, "vsron This47th dA),,4Nix)A D>,19977\before me a No[ary Putihcof the CommonwealthbfPennsylvaniam and,forthe Coun[y of Philadelphia cam N` Wdham Jungreis\Vice Presldentofthe INSURANCE COMPANY/OF�NORTH.AMERICA tome:personally known to be t eindividual and officer\whom o w%c>; xecuted the preceding,instumen and he\acknowledged:that he executed,the same"and that the seal affixed to the preceding tnstrumentis the carperateseel,o o`-N^(6\ said"Company tttat„the said corporate seal and his signature weee:dulyeffaed bythe aiithonty'and'darectionof the said corporation„and�that Resolution;;adopt t”1v7\'' Ns-' .e�Board ofDiiectorsofsaid'Compeny,reeferred t in the precedmg�itistrument,is nowon force. u'\\�/�\u% \� \\f \'/ \ / z;C"��;/ ..0 \/nUIX\V//\\v{,Q�/ \\.rn.Vl\\"//r�u/r..\U!"\�r:\\'//r\\:/n\\%7L^\\\`�//,�U^`✓, `'/.\ ,'4 4 ,�\/-vevrl- o, ��y` /IN:TESTIMONY,WHEREOF;t have hereunto set my hand7and affxed my official.seat at the,,w,,f Philadelphia the day.andyear first above write 7212 1\ 7\4\:119.611r�iiii<\ \ ✓\� ��/�/�\/r h\ �\//\ /^\ . ./..: \`/�o` .E\CO ,-,,, /\%\\/ /^C`� f\�/�\%\V4,N\✓ / ,‘:‘,/h\\\/ /�ln\ -`� o.s- -�N p✓° \>' %�`/' r \\u/I NOTAPoAL SEAk. i�v \i /�, '� tdid)\ `, rCf� ti=_ �. MARY E COI-PNS•NDtdry Pub 6� ;.j , „, �/� /�\ ^, 7 7-0”r��/ ---- /.-- ✓f *' _ qty of Phil devlia line cm iry 1 r \� Notary Pubils///•'.i "\f'\� , ..A,�^\ •N /4�\ . qr.:,./�` My l.dmmla5ich eplre%jcidi 2,1ti8g1 l \ ,�� \\�\. n�\, SVS*IPII O �; . • IIII' v. i LI >nA/S.n , . , zWER'(V%Vi %VA e gne Secre o NSURANCE COMPANY OF NOATA AMERIC do hereb cei Iatthe orl finl OEOF/AONE .�v/I the undersi d r i=�N,.�wfilch'• 1 fo�goide is ne bstminmsl y true and' rrect copy is.m felt force an�effeet . : t r��i,*\0 `//y U�VU��/ .-,EA,✓�//\i�A /vu/VA //.Jyulp,- ,. l�tiV//,,� Al .i �2$th ay, % A .p'a VU�In wrmess whereof f have hereuntasubscnbeil niy.name as Secretary and aTl the corporate seal Df the Curpomuw,ttiis�...rr...- -\.\f\�\ y. te:f\�\//\Jdanuar ,... s:\t9%'98�.\"/ \/ v/- \�i �/ \/! u \/* 'V \'3 \f \ jam . . ,/\ /\ / f f %�/ \ N` .e` \V\\�/ \j/�, \✓! , // t�� , .!ti/yYfiX" r u�/' ,, � \ � .', .\, \// ter/n\' l v j.\\/./\/ \' \ " \�\/�/�� ✓\/\/\/\//� \/, �Detrn 7,z/ reSecre \„7"/ ��\U%U b%OFU ORNE jMA NO7rBE USED \� �% \"/OT; %% -c Iy \„_,. I��Eul'\July;�99� j\ /.✓\/ \,\R< \ ,\, v\w,�\/'�/\/,w,\\%�i\Okir\\^�VM�;/\i w\ \/\/W\ v/vu\/ti k,/v/\/\//\�fVIA/\/�/\� �� f „/\/`✓/�/ �/\ l/ /\ �\/\/�\7V A,/\/w\/�\/\/\/\l\/ v/\/A/\/\/\ v :./ `%/�,./,��. 7\ /\ �f�\^/mil��%��/\/`\/\/,,�\j\ � \/\/� ` v, //V\l\/V l\N`�v\//vV/\/vn�/\/\//\/\�,/\/VV\ ?\%�/\U�j\/i` i\/ \/`�/\/�\/ \.\\/ ,//\</•7W /\ /\/ �✓�v/�v% /,`�/\l7\ 5? / '\//A, kW4�n\�/' /\ // n\ �%fi n • • • [EXHIBIT C] [FORM OF SURETY BOND] Bond Number: SURETY BOND KNOW ALL MEN BY THESE PRESENTS: That METRICOM, INC. as Principal, and , incorporated under the laws of the State of , and authorized to execute bonds and undertakings as sole surety, are held and firmly bound unto , as Obligee, in the sum of_ ($ ); for the payment thereof, well truly to be made, said Principal and Surety bind themselves, their administrators, successors and assigns,jointly and severally, firmly by these present. The condition of the foregoing obligation is such that: WHEREAS, the above bounden Principal is about to enter into a certain agreement with the Obligee for the following: the award of which said agreement was made to the Principal by the Obligee, on NOW THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions, and provisions of said agreement during the • original term thereof, and any extensions thereof which may be granted by the Obligee, with or without notice to the Surety, and if he shall satisfy all claims and demands incurred under such agreement, and shall fully indemnify and save harmless the Obligee from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the Obligee all outlay and expenses which the Obligee may incur in making good any default, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to • the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. • • • PROVIDED, HOWEVER, this bond issued subject to the following express conditions: 1. This bond shall be deemed continuous in form and shall remain in full force and effect until canceled under Section , after which all liability ceases except as to any liability incurred or accrued prior to the date of such cancellation. 2. The aggregate liability of the Surety hereunder on all claims whatsoever shall not exceed the penal sum of this bond in any event. 3. The surety reserves the right to withdraw as surety from this bond except as to any liability incurred or accrued, and may do so upon giving the Obligee sixty (60) days written notice. SIGNED AND SEALED this day of , 19 . PRINCIPAL SURETY (Type Company Name) By: By: • Title: Title: By: Address: Telephone: (Affix Corporate Seals) (Attach Acknowledgments of both Principal and Surety signatures) 410 411 EXHIBIT C Bond No. U2689268 Premium: $100. 00 per annum. SURETY BOND KNOW ALL MEN BY THESE PRESENTS: that METRICOM, INC. , as Principal, and UNITED PACIFIC INSURANCE COMPANY, incorporated under the laws of the State of Pennsylvania, and authorized to execute bonds and undertakings as sole surety, are held and firmly bound unto the CITY OF SEAL BEACH, as Obligee, in the sum of TWO THOUSAND FIVE HUNDRED AND NO/100 DOLLARS ($2, 500 .00) for the payment thereof, well and truly to be made, said Principal and Surety bind themselves, their administrators, successors and assigns, jointly and severally, firmly by these presents. The condition of the foregoing obligation is such that: WHEREAS, the above bounden Principal is about to enter into a certain agreement with the Obligee for the following: Attachment Permit Agreement the award of which said agreement was made to the Principal and the Obligee on December 9, 1996. NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions and agreements of said agreement during the original term thereof, and any extensions thereof which may be granted by the Obligee, with or without notice to the Surety, and if he shall satisfy all claims and demands incurred under such agreement, and shall fully indemnify and save harmless the Obligee from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the Obligee all outlay and expenses which the Obligee may incur in making good any default, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. PROVIDED, HOWEVER, this bond is issued subject to the following express conditions : 1. This bond shall be deemed continuous in form and shall remain in full force and effect until cancelled under Section 6.4 after which all • • liability ceases except as to any liability incurred or accrued prior to the date of cancellation. 2 . The aggregate liability of the Surety hereunder on all claims whatsoever shall not exceed the penal sum of this bond in any event. 3 . The Surety reserves the right to cancel this bond except as to any liability incurred or accrued prior to the date of cancellation and may do so upon giving the Obligee sixty (60) days written notice. Signed and sealed this 7th day of March, 1997 . PRINCIPAL SURETY METRIICOOM, INC. � UNITED PACIFIC INSURANCE COMPANY By: •WP- ✓A t By: C L /1L0-511 Title: Donna Ellis, Attorney-in-Fact. Address : 580 California Street, ' . Suite 1300 San Francisco, CA 94104 ALL-PURPOSE ACKNOWLEDGMENT N0209 \\\\\\\\\\��\•CC•C•�\'�'1\\\\1\\tit\\\l\1\\\\\\\\1\1\1\\\\\\\\\\t\\1\\\\\• \�1 \\\\\\\\\\\\1\1\\1'��. 1, State of UX t( J lb-n/1 !ti CAPACITY CLAIMED BY SIGNER 5a - Uar� County of ❑ INDIVIDUAL(S) 2 p CORPORATES 7/ On WILY-, 12I Glq-) before me, 'T Si JOi O OFFICER(S) T/ �'AS of DATE NAME,TITLE OF OFFICER-E.G.,'JANE DOE,NOTARY PUBLIC' TITLE(S)0 PARTNER(S) ppersonally appeared ✓' - (� , !4 01Yi t S �3 1 ❑ ATTORNEY-IN-FACT 1 • NAM EIS)OF SIGNER(S) ❑ TRUSTEE(S) ( ❑ personally known to me - OR -,proved to me on the basis of satisfactory evidence ❑ SUBSCRIBING WITNESS f to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- ❑ GUARDIAN/CONSERVATOR �`�� T knowledged to me that he/she/they executed ❑ OTHER: a./!I � COMAI.`1066167 3 the same in his/her/their authorized At _ o ") NotarwPus—Ca6 nO 5 capacity(ies), and that by his/her/their r = NiCs—.%.' SANTA CLARA COUNT' My Comm.Explum APR 10.1999 signature(s) on the instrument the person(s), orthe entity upon behalf of which the person(s) SIGNER IS REPRESENTING: 0 acted, executed the instrument. NAME OF PERSON(S)OR ENTITY(IES) Witne) �r • d and official seal. o o o o i 6 MryN, 0 SIGNATURE OF NOTARY ATTENTION NOTARY:Although the information requested below is OPTIONAL,it could prevent fraudulent attachment of this certificate to unauthorized document. ' THIS CERTIFICATE Title or Type of Document 4 MUST BE ATTACHED • TO THE DOCUMENT Number of Pages r Date of Document f DESCRIBED AT RIGHT: Signer(s) Other Than Named Above ci O 1991 NATIONAL NOTARY ASSOCIATION•8236 Rommel Ave.-P.O.Box 7184•Canoga Park,CA 91304-7184 CALIFORNIA ALL-PURPOSEtKNOWLEDGMENT • sec-- o State of California 0 County of San Francisco g, On March 7, 1997 before me, Dena Mitchel, Notary Public `} DATE NAME.TITLE OF OFFICER-E.G..'JANE DOE.NOTARY PUBLIC- 1 personally appeared Donna Ellis NAMES)OF SIGNER(S) 1 ti n personally known to me - OR proved to me on the basis of satisfactory evidence • to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed 1 the same in his/her/their authorized S capacity(ies), and that by his/her/their 0 signature(s) on the instrument the person(s), ■ or the entity upon behalf of which the et1 •!•?,, DENAMITCHEL person(s) acted, executed the instrument. 1 r % _ COMM. #1021762 1 U\". ^, NOTARY PUBLIC-CALIFORNIA IV C. ,r,,> SAN FRANCISCO COUNTY. WITNE my hand and offi ♦ My Corran. Expires May 22]6, 1998', y et,,:::".:....., V - V Y Y V Y V' — ste%,/ _ . 47Ar-lrrAilr/e-eej4a-. __a/a SIGNATURE OF NOTARY k 1 OPTIONAL f 1 Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. 1 CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL' 1 ❑ CORPORATE OFFICER 1lTITLE OR TYPE OF DOCUMENT l TITLEIS) 1 PARTNER(S) ❑ LIMITED ❑ GENERAL a . a n ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT -• 1 1lSIGNER IS REPRESENTING: 1 NAME OF PERSONIS)OR ENTITY(IES) tl -- - SIGNER(S) OTHER THAN NAMED ABOVE . .. L T,HEIFACE[OFAT,; °OOCUMENTi•ASTAICOLtORED]BACKGROUNDIOPW•ITEIFARER t 'RELIAN CE SURETYCOM PANY 49 ,p� t ° 4 n � R 'RELIANCEF INSUR'AN1 CE COMPANY - .)"Ji �bi �J , rj rI'T 2 ten- r/ �iNITED PACIFICINSURANCE COMPANY a RELI�Ao NC E Nb Ai T IONAL IN-,•a DEM I "IT Y Ca OMP A N b`' ' - D°1 ', �,�2 a 'f�} rt l I- ,4l ,. “t?::-tie ( nmet %),...,,..i:,-- Wy d ;' 4 C F 924 ' a a a -'• z . 1 k ` JADMINISTRATIVE OFFICE PHILADELPHIA PENNSYLVANIANx . v▪ im i 'v ' }•fi , + _ � - 'A;r o R '}+ - I. D- aay I: { POWER OF AT FORNEYs � ` rV 0 °°'' ' v , a ? { „ a d as^ 4,t .<rt,-i$ `r ,st hrr 2'- 'i 'u Trs KNOW ALL.MEN BY THESE,PRESENTSTsthat RELIANCE SURETYCOMPANY°is acorporation dulworganized•under te aws�of the•State of Del T aware,.and that'RELIANCE INSURANCErCOMPANY-anti UNITED PACIFIC INSURANCE.COMPANY are;corporations,duly organized under:the laws 4 'ofithe Commonwealth oL.Pennsylvaniacand`that RELIANCEJNATIONALS INDEMNITY COMPANY is�aacorporationTduly organizedunder.the'la`ws of 'the'State of"Wisconsin" (herein collectively called-utthe Companies") andt•;that$the^Companies byyirtue of:z'signature and?seals do hereby,make bw,. c'onstltutel and appoint Danna.Eibs ofaSan Francisco,,.Caldernia`theirtrue,and lawfulyAttorney(s) Inn-Fact to make execute, sealand'deliver for 'm 4.. and'on their behalf and as their act and deed,any and:all bonds'and undertakings of suretyship andao.bind the Companlestherebyyas fullyand to`�4 �the':same extent as If such bonds and undertakings:and other writings obligatory m thetnaturetthereofEwere signedr by an Executive Officer-of,thet" rCo"m`panies and sealed and attestedby one other of such officers,'and hereby ratifieseand confirms'all that their said Attorney(sl in Fact maydo in� 's, rPursuancehereof. ' is '`�� 1 'ii$ tfn r •at s& 'f� 4 `"`'.r'; :s„ se`CM` 3T° b , 4 `�, This Power of-Attorney Is granted under?andoby'thekauthonty?of Article VII of theeBy-Lawstof RELIANCE SURETY;COMPANY RELIANCE INSURANCE`COMPANY UNITED PACIFIC INSURANCEr'COMPANY, and' RELIANCE'+NATIONAL INDEMNITY COMPANYrwhichj . 4 provismns areenow in full forceTSnd effect°.reading as follows fi „z " 4" P` ,;+y. ]' ,[, Lam'i r;ei4 „ray?y t* h a y r;f/'� t4 y�'' � ARTICE,I�EXEcu1Ti0N orcgONOSAND UNDERTAKINGCk i#"`` ' :I�o D a r +tA gam' y p pay e Board of�ec'*1s/� rend a`9 airrm'/i th Aoardrd,-a ;r Vice President, y ice ',,,e- 5si .. " m F ff . 4 d j the B t r - �c kskav B000w°f n act s the P as dent the Chavman of the eoard authorize t e i-orexecenwt,an he Vice,President or Ass bonds n P es dent Rbs.rer off ce€des'coara by°of i e a d of '. Directors all M1a a-0o er and authanty[o lal app--t Aao neyls) n'Facfantl io�auMonie.them�to execute an behalf of the Company bands and undertakings ecognizances contracts of nEemmty - Sand-the t ngs obligatory n the nat a thereof and to to rem- e a y such Attorneylsl-in Fact a'414 time and a ok the power and audio ty g ven to them e Ip 1 )3 0 ` m iy ej r , tt#"-.- sr ° r V, r`4s c tas 6 ,r r. 11� fk>i - 3 ,- y ., Cf# _x r gS' 2 a'Atto eylsl in-Fact shall,have po a and authority.s bject,to the terms'and imitations sof the Pd er of IAttorney sued to Them to execute delver on behalf of the Company bonds A u dertakngs recognza ces contracts ofy ndemnityya d ethe rtings obligato yin the nature thereof rThe4 corporate seal snot lnecessary for the. validity of any bonds and wMertekmgs tf-iY g , rid aF;:^S.,,aa v 4 111 yj irecognizances contracts pf Intlemnuy and o[heriwr i ngs obligatory In[he nature thereof x"„✓i/ g;jl /� dl c 9 +.., I'l"3 `r+,.ary▪ t i h- Th-'t � 'xs 1✓nr aneyls-in-Fact hi 4T nd autt' ty'V .x' ' � aitt. uiri 2k' m// �/. ecogn nth F . y 1 h,.. v 3� �M �€ew "1 w . T' e^"a4,�''1 ,w rNt�.U'. s :8 e� i ,l 3 't- a '"Y 1 3 Attorneylsl n-Fact se p= a power and a thontynto exec a'iiate=4 ed toabeaaaa nal to Wi iia By 1: ces, contra∎ an 'ndemnay or othktctio ihe'rel or'obl gatory ,.:,. u d¢rtakmgs antl theyyshall elm have power and authanty ro ce t fy;the Ilnayn�c al statement pt the Company antl to copies o�the By Laws oEthaCOmpany oYa y art cle°r secho thereof T a r�.'z', '" o n e e :. , k u ' °s. ol oh-iu crx utioa do sir ,e, ayx� . ., m.m.-� 3-a - , ance T1I s:Power of Attorney s s g ed a tl sealed by facsimile u de tend bylauthor ty al the folio rig reselu[on dopted by the Pxecut a antl Fina ce Committees of the Boards.°f 0 rectors-fRellance .`4 Insurance company. OntetliPanflc sir ancelCanpany,and Relance Natonal Indemnity_company-Iby Unanmous Conae t dated'as of Feb ua cyy�2,e, 1996 e d bytihe;E ec the and Financal ,0.e: Committee of the Board of D rectors of Reliance Surety Comp; y by unanimous Consent dated as f March 31 1994 :• Ma v °' "S t'n -ma' Y-,c� - :.4- 4'+ 4 -21 x-.5"1`,r4. + g—vim '- . '1- 2 1 ` _ 4- �4 t .£� ';. �A0T\u k t„3.{1�; s $h '✓- tam Y' y*P, > _ Resolved that the signaturesvof such tlrectors antl officers'and the seal of the Company may.be efei etl to any such Power(of Attorney oj,any certificat s�relatng thereto by..^C' k q -,y%. fats mlle,antllany such PO a iof Attorney or cernf cats bearing such�facs ile,s gnatures or,fecsm le seal shall;be. altl and bind rig upon the,COmpanyrand any suchnPO tie's- ,j'`�� 11r� ry,/ „ e ecuted and cert 1 ed by facsi ie sig am s and fats m le seal shall be valid end b d ng upon the Company,In`the tutu a itharespect to any:bona or u dertaking to h ch it Is, ; ',F o,,,t ”" -;` -:,.,,'tiy�. �, J "C' '' t ip M, X" 5 � fn ant+ +t ( c ' wnek-S . i�' s' 5- a rA°'f °�-'ky S Y q''Y ° �og, e -o Tt ..INr•WITNESS WHEREOF the Companies.havefscaused,these presents to be signed and their corporate seals to,bet h�eret—affixed thiss 9 y 19, 1996* x Z .I v<"` 4' r fk n wo I & ^cl�� Eo t a.°.,s ,.y. °p.'*` a_ n a .c5 t 4; c '.i that g b x=''`t N'u %i"c e-.. -' tte*` e '` �,2'4r-' ��`- C i "a` ° 1 RELIANCE SURETY,COMPANY 3 Oe` '> ice° r & s e '{ 3L' `�' ' °"''"`• '� . er �✓'' a4 * t" s � RELLINCE INSURANCE COMPANY �'�' • _T 1 .,04, .°a -!"z•',°6 1 ocro.' �3 x e`„'i' '-1",UNITED PACIFIC INSURANCE COMPANY`r 6 rQ ''" "i'4 sir tf , 4'' Sta SiiaLa : tt`yRELIANCE NATIONAL INDEMNITY COMPANY,},k ✓ 5i .'rv` 41,`'r e / ,l 3 • J C n -^'t nyi t ' p'`f ';S e 1 R g,.r,'fft ,ta 'tire t eZ��p �r �*- %�!t�� 4.eeM�y. ,>+, _yl r `.i- .''4 t • nr� r , lid ° 3's`5'U;'�' �i 314 � s 7 ,t': G+t#`'.a`4Fv '7* ' er 4+aio¢ ')4: , , " [1 L.. <7 ,�" of -'.� c'aa' �Ir 1.w t s -mss f � '. r� f W: v.. 3 vv e- _ T i p;E` `i- t ' z; c z.. q,A. yl 0 STATE OF,tWashington ,ro l4e2 f",jq. - N 1 a s }^v-cN::; " '3. 3 7 V1 ;4; Y , 1 ��T A Y -- kae _ A.,l'1 li `y e a. t. COUNTY OF Kmg_'t''.f zS eo'G} ss a,.y 46,;li .r s� i4l,n i a` '� u t - cd >c}»y Ii"�'y � Zy r,*r.may^ a t+".yt � .* ° w�`S'x-„�� I /tri 42 is +,55 '�,c.��14r�.� f�{� �'°k 1t°.:b4 `"> yt� '^out �o at i �� ( ,.. ar or i, it r•� le eare t -a? -.Y' 5 , st rOn'thls July,19,,;1,998 before me Janet:Blankley, personally appeared Mark'-W<Alsup^'.who acknowledged himself to,,be+the„Vlce President of "the Reliance Surety Company;.and theyVicel Presidenttof Reliancellnsurance£Company iUnited Pacific*Insurance,_Company, and Reliances National f:' v. Indemnity Company,Land that as such,`beiog authorised to do so,executedrthe'foregoin9 Instrument for the8 purpose thereto contained by signing n the name of the corporation by himself as.its duly authorized officer +? "eLyrr- ; 7 Y ., e ' ' : its ` .1 s`tie ^%';' t` a r /tax∎i µ,.e- sa ,, 5 9,5 -- y. Y2' r ▪ A s In wetness whereof I hereunto set my hantl and official seal . 1 � Blg1,_' .t�s'�'�£a.T' », : �%� �°1�i ��f, i Y r„=: 4� �, >, r x' Cs. d,,` , e e'' z ,, a;+ tiorts1 rte.{ t F 1 >° t' • Wr h rc t M lee tl » + 0 4 4 w cir, 4 t t fza c d^' F ,�' f]F k. 4" _li "� Fv14 <j Y �, ./i 5} 1 Y' r Fe k"IL 3 :1 �.1: t-,: , I,.a` - 1`3i �'' PUBLIC ' c t -r l `' u. ¢-w ,s„ad '' r- h . a : r 122913' ,z #"` No ry Public In and f&thea�Statelof Washingtone u t- ,.6 i I kli 1 ° :V u �' 6" --Tt�OF \l>V�i-* , ' if FRe ding atiPuyallup' n;T, g "`4'' 4ir Satyr r ;'�:. 4 -.F _.,e$� a,e �3 E to te. .. �, _ WASH -e.dc+3 ,-4 ch ,,,, 3.4*..,e,iat.aw7a x° c�'.°." I` Gtt-6,,..*.'S3• °ANY,and RELIANCE NATIONAL INDEM ITY,ICOMPANYYdo.h'Oe eby certify t'aN thel'above andEforegoP aNis a true idA or act copy ofttie Powerx; of Attorney executed by saidzCompanles ywhich is still:in full force;and eftect. F'*91, I, �ya1t rw 'eg ai, ;'t" vk , 'd"' 0 ."qc x mss` . 3a <5. irit r` Id M ,w 4`., A✓'t 1,s 7. ° . Cy � 5 .r. .,ass �. lea:-. f '.�' ' ' '3ue 7tI ' 't Marc.“"ro ' ,k"rG : <IN,WITNESS WHEREOF 1 have hereuntoiset my handland af�edlttie seals of said,�ompanieo this .ter daffy of V., zc�1 9 y ,�`� 'ba 3`a � a� fit"3 f„� n 'S' '`4 F vb? b`u ..� ° ”' 5y ° � `�*` ,i, t • �, � n °`a Its? is Ft ti s':,,, ..4 gya ye��. r ,;.. v;u�2 y 4Z 'y �A� � V!, t ,t l '� � Ol " 4 47.4+r,"u' tt?' Y.z'° {. 54 -ur Wit- f�i _ e a s ` ,�"u,3',�a .ri f `.a 0, • ISteN" r tie ,4?dY� . tµr.14 tn.1: v 3 c O s j x:a e.a 3t �r'»w v'tree�la SEACe, gr.4£ Assitant.Secretary " rn ,- '.} _ }' c 'z rr ` � 3 r sa4 gi y t Sus Mill z.» °nlSr lu fy v 4-c-alAir C ,`F:r-1'y r 44 4 t ,;g�w Sd .n• � 3 seen C .. ,� a . ,,,,.,, r'3 s ^i.3 ft °4 eye u`3 �' titi. I d q at s mss{ a,a ,.. P ye,�"ll ° 3 1 r ;;{.0t,,'e '� f1,,e,,,, 3c '',,tt Y ✓''" e e �"x�1 a o-.r - c t ''1 r a?!'' A¢ K 111,. r3 qtl., 5 .e z ,I„ �,�� ,S yJ gnr 1 nuV e ,y PT I s's A � P' 1 {J� � r,�, c '. irk'� °e,. � s�.°k`Vd"�//�' bi�3' f, "sx $ u `'P. '� y`.: ' �_ T,HEIBACKiof.a HISIDOCUMENTicoNTAINSTANIARTIFICI`ALIkWAT,ERMARKetHOLO]ATfANIANLE`T,oviEW . .. • • • • The Orange County Register' NATIONNVORLD wednesda■, Aug. 28, I4Ah BUSINESS 3 Boeing to boost 777 output, add workers AERO SPACE: Surging demand prompts the corn- in seven years,comes as airlines hogs estimate for Boeing after The 777 is proving to he one of Willy t0 increase hiring by r ['1 p, around the world use their sung- hearing that the company Roeing's most popular planes. mg profits to replace old ail ora ft planned to boost pi oductton of Singapore Airlines Ltd ordered and add new ones-Seattle-based the 777.He expects the company 34 of the twin-engine.wide-hods Bloomberg Business News about 13,200 workers this year, Boeing has booked 333 orders for to earn $57.5 a share in 1097. up planes in November and took op SEATTLE — Boeing Co. said increasing its total number of new jetliners so far this year, from a previous estimate of tuts. tar 43 more Earlier this -I. clay than it will bons[month employees to 118„350 by yearend, compared with 346 for all of last SS 60 Nisbet expects Boeing to month, UAL Corp.'s United Air ly production of its new 7A et- up front about 105,000 on Jan. 1- year and just 120 in 1994 earn$2.85 a share to 1946.csdud- lines ordered two 777s as part of p ) Boeing had planned to add 8.200 "Business is booming at in any one-time nits or losses. 52.5 billion order for a variety of liner by 40 percent and hire 5,000 S g Y g workers this year. Boeing,”more workers' this year than said Paul Nisbet, all The production has aano is the Boeing planes. originally planned to meet surg Boeing also said that by next aerospace analyst at JSA Re. fourth Boeing has announced In demand July, monthly production of the search in Newport, R L "They since December.As a result.pro- As of July 31, Boeing had an twin-engine 777 will rise to seven undoubtedly have more orders in faction of Boeing's 777, fill and order backlog of 245 777s. The The world's largest will add per month from five. the pipeline." 737 models is poised to double company's total backlog was cm! airplane maker will add The hiring spree,Boeing's first Nisbet said he raised his earn- next year. 1,143 planes. LINKING UP THE PTOPS AT&T to let shoppers call TECHNOLOGY: Wire- 4 rsi`' I - q, Fi ~f't from Web less system, Ricochet, C p r- Lh�`:l ,,•c connects laptops to the i F ,aa� �q� ,. ;. .e s a Internet. t':e.; •t � sill d't q `t t -4 ' r t .• • By ERIC ci QUINONES s sa l M r#4 4t I{,yx t a. 3 f The Associated Press By WILLIAM McCALL •^� ,it f' f 4` ell Y ,t K t( NEW YORK—AT&T Corp. n The Associated Press [ � >[_ ç ,, !1Z fR.L�k i} t (t r "` P �'' " C'E3' if;:::"t r av Tuesday unveiled a service de Fiom Portland,Ore. y r Af'�1a <�"¢ .,,p� L Yy, r 5 r - signed to promote safer cin- 1 -{ Q 4 FN ` �.� i l .sze;. it k e+ on the Internet by allowing son- s., re x e ki3 tt,1 ,,A�a�"� ; Y r tamers to talk a sales link from " ones Malone and Tim i.T V y� + }'L r �•`451 "'-' ��., tail vest through adirect link from McGuire are the typt tI a sp cy +'1 .0 y.°s sr S�i"o ^r ' the compan 's World Wide Web cal busy couple of the � � 2 � N `JS' site, '90s she's a n bust- w c -„a k ( i• 11 .L People will be able to make ho- -.... sits of Oregon bush s w,'t y,,t v. we '�' q r �l + ness professor he's the dean '" va` a,A-i " 'r •'f -.-+�'}ice f "� 64Tt tel through and even ich But they've found a typically r° v� \ E s cars through the service, which y' yptcally +, -- �' ® I _ will let consumers click on an touing edge way to stay t `- ' l �, e 2 icon on a Web site that places a touch.Thanks to laptop eompu[ r ( 'A Yy a call directly to the company over era and a wireless Internet link '+ ','1+•`fy..+„rt G�� ' y i r �n AT&T's phone lines. on campus,they can chat by E r -rs ,. f N , r AT&T said being able to speak mail—anytime,anywhere �T I ' t >'a -"• to a representative will make The wireless system,Ricochet, K }f t -S L� - _ was created by Metricom Inc, )1 � + ••,;-......-•.2 transactions mbr than sending with students and corpo- ..- r+",� t s �� 1 .5 '�' credit-card which numbers is p r prone to eaves- rate In- starting ..e.r� •. w x,y. dropping which is prone to eaves rate parks and lately expanding _ w �_ . r%to consumers. �",�p •+ O '!c r°< t y '^✓:1, drop Piny._ Backed by Microsoft co- �F ^: qi 1•'- - ` r ♦ _, a �+'-.' m izei the to personalize and• ex- founder Paul Allen, hfetricom �M''Y'* - IS•V 5 f k ' > .A`�'�� r :{ ' .r: humanize the said David Internet ex- ', " 9 presiden " said David Nagel,•has linked the entire San Fran- r s �- ?' + president of AT&T es Laboratories, Cisco Bay area and is also hook- 'r r ' ';� , v _ , the company's research division. ing up Seattle and Washington, [ f 1 D.C.In the next three ears,Me- e 551 M r ' , y '' f 9 The service begins its trial Y ;. . ` 'r _ v's 'r° �� phase in October and can et ac metro plans r cover up el 50 ' * ��l ceased through any Internet ac- metropolitan areas with wireless me Associated Press cess provider, not just AT&T's access to laptop computer users WIRELESS: Nancy Melone;a professor of management at the University of Oregon,shows laptop computer tt'orldNet service.After a call is across the nation. with the wireless modem,which connects her to the Internet.She uses the modem to exchange Email,files. Placed, people with two phone "We take the laptop computer lines will he able to receive im. and hook it to the Internet,and man, Texas, the University of freeing up their main number fpr ton and linked to the Internet ages over the Internet of the those are two explosive mar- Miami in Florida, Cal Poly San old-fashioned talking. The cost Growth beyond the confines of products being discussed. kets," said Bill Swain, chief ft- Luis Obispo, the University of per month — S29.95 for regular academia will depend on how People with only one phone line nancial officer of the Los Gatos- California, Berkeley, and Santa hookup and$19.95 for students— fast consumers and businesses will hate their Internet link dis- based Metricom. Cruz,and Stanford. is often less than the price of a adapt, said Andy Seybold, pub- connected once the call is placed. Metricom networks are part of - second line and separate Inter- lisher of the newsletter Outlook . P.T bops_ a growing move into mobile di i- "It's amazing, because just 's s e�ai:u:dly to me g g g two years a a net access through a commercial on Mobile Computing. blue the noon call and Internet tan communications_AT&T > g getting onto the provider. - connection on one line. less Service recent) announced Internet seemed like a dream," "The question in my mind is,is Y hfetricom customers plug - I he trial phase should last for Plans for PocketNet, a cellular said Kevin Schaper,a University u a consumer tool.or a business phone that will browse the Inter- of Oregon computer science stn- small wireless modems about tool• Seybhld said. about three or four months, not dent who's hooked into Ricochet the size of a TV remote control gel said. Consumers will not net for information like phone into a laptop computer.They re- But government and market hate to pay any fees beyond their numbers,flight schedules and E- "Naar f can always get to my lay signals to larger moderns forces all are pushing toward normal Internet access charges mail. machine, no matter where I ain." about the size of a shoe box,hung wireless communication for the for using the service and will not Mecampu's roots are on col- on utility poles,which in turn re- broad consumer market. ties'- need additional software. lege campuses. It has wired the For many computer users, lay signals to leased telephone bold said.Perhaps the real ques- AT&T expects the completed University of Oregon, Oregon Ricochet connection takes the lines. lion for Metricom is whether it version to be available during State. Austin College in Sher- place of a second phone line, The signals are routed to Hots can expand fast enough,he said the first hall of next year. • • Ft 980 University Avenue W) Metricom® Los Gatos, CA 95030 October 4, 1996 Mr. Keith Till City Manager City of Seal Beach 211 Eighth Street Seal Beach, CA 90740 Subject: Metricom Agreement Dear Mr. Till: After many delays, I am very pleased to submit to you a revised agreement for your review and comment. This revised agreement is specifically tailored to address many of the changes requested by Richards Watson & Gershon, the legal firm representing the City of Seal Beach. You may recall that Metricom is requesting approval from the City Council to operate within the City right-of-way and install its Ricochet radios on utility poles owned by both the City and Southern California Edison (SCE). Metricom has an agreement with SCE which allows it to utilize SCE-owned poles providing approval has first been obtained from the local jurisdiction. Metricom is also agreeable to utilizing City-owned poles to the greatest extent possible and at the City's discretion. Since June 20, 1996, when I received the City's comments on the attachment agreement I submitted to the City on May 8th, our legal counsel has prepared a "new standard" agreement. We determined after submitting agreements to numerous cities, that the same attorney firms were reviewing our agreements and making the same comments. As a result, we revised our standard agreement to reflect common changes requested. The enclosed "new standard" agreement was developed in cooperation with several attorney firms representing cities throughout Orange and Los Angeles County; among those: • Rutan & Tucker • Burke, Williams & Sorensen • Richards, Watson & Gershon • Wallin, Kress, Reisman & Krantz • Woodruff, Spredling & Smart; and • Brown, Williams & Canzeneri Telephone: FAX: 408.399.8200 408.354.1024 October 4, 1996 • • Keith Till City of Seal Beach Re: Metricom Agreement Page 2 In addition, I am enclosing other materials which may facilitate your review of our agreement and request; they include: 1. Copies of signed agreements recently approved and adopted by other cities: • The City of Westminster • The City of Santa Ma; and • The City of Cypress. 2. An updated approval list dated September 10, 1996 (This does not reflect our two most recent approvals on September 24, 1996 from the City of Orange and the City of Irvine); and 3. An Agreement Processing Status Report dated October 1, 1996. 4. A revised summary on Ricochet. 5. An article about Metricom and Ricochet from the Wall Street Journal dated October 2, 1996. 6. An article about Metricom from the Orange County Register dated August 28, 1996. I am hopeful that this updated information will enable us to proceed through the City's process in a timely manner. If I can provide you with additional information, please give me a call. I can be reached at (714)622-8922 or (714) 749-5862. I look forward to receiving your comments on this revised agreement and working with you on taking this agreement forward to the City Council. Sincerely, METRICOM, INC. Marie Luna Right-of-Way Representative Encl. • • Fr 980 University Avenue J. Met17COf11 Los Gatos, CA 95030 • METRICOM INC. 27401 Los Altos, Suite 220 Mission Viejo, CA 92691-6316 (714) 367-7873/Fax:(714)367-8614 January 13, 1997 City of Seal Beach 211 Eighth Street Seal Beach, CA 90740-6379 Attn: Joanne, City Clerk Dear Joanne: Re: Execution of Metricom Agreement As a follow-up to our conversation this morning, I am sending you the original map prepared by our engineers depicting proposed radio locations. This map is based on the City street map provided by Steve Badum back in May 1996. The City street map depicted City-owned traffic signals which we will be able to use for installation of our radios. A minimum of 12 City-owned traffic signals will be used as indicated in a letter to Keith Till dated December 6, 1996. In addition, as indicated in our agreement, Metricom will give the use of City-owned facilities priority over Southern California Edison-owned facilities. This will enable the City to obtain free service and equipment and/or lease payments. Metricom wants to begin radio installations during the second quarter of 1997. To accomplish this, as many agreements as possible need to be executed within a contiguous region. Our engineers want to finalize the design of our network and they need fully-executed agreements before they finalize their design. For this reason, Metricom is anxious to receive the fully- executed agreement from the City of Seal Beach. Metricom will provide, prior to installation, a final listing of radio locations for approval by the City Engineer, as indicated in Exhibit B of the agreement. Please call to let me know when I can pick-up our copy; I can be reached at (714) 367-7873 or via voice mail at (714) 749-5862. I thank you in advance for your assistance in finalizing our document. Sincerely, METRICOM, INC. g ■ _ Marie Luna Right-of-Way Representative Encl. Telephone: FAX: 408.399.8200 408.354.1024 01/18/97 THU 15:09 FAX 714 622 8910 LOLL TELECOM SVC 001 • • • i) Metncomt 5000 Birch St.. Suh.330 Newport Beach,CA 92660 r_. orez��'ee :• ()IA 3cr-l--78'13 `h Lit 7`li- b�- . TO: 0-M.vn_e__ Cal (a Qu,k. Cab i&a Sa& COMPANY': FAX#:(t o 431 2p NO. OF PAGES: 3i 3 DATE: VON i (((��„ i{�� g 1 Is: - . - w P-P .� FROM: [ A,¢. -U„�-... PHONE: 'I t'4- - - MESSAGE: n4 Q- 6- rssA . • - --..mot --• Lam + a- ■ _ t . IC,I.RM) 4a1.&r .Q Imp_ Any Alli a • l - - L. -a . ir /4.• .. ♦ .. P .._ .6,s ' s •r f•a.. e'_ . hi Con datrialdy .- -.._ . This cOmnumieatian =ay Contain confidential or • privileged information. It is Intended anfy for the addressee If you have received • Mir facsimile a error, arty esfribcrtioft, rearing, copying or other use of tkif • com'xunicmion is prohibirc_ Please norify us invnediatdy by telephone, and return • the original con•^•+•nieation to us or the above address by /halt You a.ill be rebnburs.rd for your reasonable pgensa thank you.