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CC Resolution No. 04-239RESOLUTION NO. 04-239 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTiNO AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE THE THIRD RENEWAL AGREEMENT WITH RICOCHET NETWORKS, INC. FOR PAYMENT OF POWER COSTS FOR WIRELESS RADIO REPEATER EQUIPMENT WHEREAS, on February 18, 2003, City Council authorized the City Manager to execute an Interim Agreement with Ricochet Networks, Inc. (RNI), for the payment of power costs for the pole top radio repeater equipment in City right-of-way; and WHEREAS, this agreement expired on May 31, 2003, with a provision to renew the agreement for an additional period of four months with the mutual agreement of the parties; and WHEREAS, on June 16, 2003 City Council authorized the City Manager to execute a Renewal Agreement for the Interim Agreement with Ricochet Networks, Inc. (RNI), which will expire on September 30, 2003; and WHEREAS, on September 15, 2003 City Council authorized the City Manager to execute a second Renewal Agreement for the Interim Agreement with Ricochet Networks, Inc. (RNI), which will expire on September 30, 2003; and WHEREAS, the City would like to renew the agreement for an additional four months to April 30, 2004, in order to continue to negotiate with RNI to take over the former Metricom system in our jurisdiction. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino hereby authorizes the City Manager to execute a third Renewal Agreement with Ricochet Networks, Inc. on behalf of the City of Cupertino. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 5th day of January, 2004, by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: James, Kwok, Lowenthal, Sandoval, Wang None None None ATTEST: APPROVED: ayor, Cits; of ~up~t~no ' ' r