CCR2001045Defeated - 6/12/01
COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #45-2001
APPROVAL OF CASH DEPOSIT AGREEMENT
Verizon Wireless
BE IT RESOLVED That the Common Council of the City of Muskego. upon the
recommendation of the Finance Committee, does hereby approve the attached Cash
Deposit Agreement for Verizon Wireless.
BE IT FURTHER RESOLVED That the Mayor and Clerk-Treasurer are authorized to
sign the Cash Deposit Agreement in the name of the City.
DATED THIS DAY OF ,2001
SPONSORED BY:
FINANCE COMMITTEE
Ald. Mark Slocomb
Ald. David Sanders
Ald. Nancy Salentine
Deferred: 2/27/01, 3/14/01, 3/27/01
4/10/01,4/24/01 5/8/01
5/22/01
Defeated: 611 2/01
This is to certify that this is a true and accurate copy of Resolution #45-2001 which was
defeated by the Common Council of the City of Muskego.
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PROPOSED AMENDMENT
COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #45-2001
APPROVAL OF CASH DEPOSIT AGREEMENT
Verizon Wireless
BE IT RESOLVED That the Common Council of the City of Muskego. upon the
recommendation of the Finance Committee, does hereby approve the attached Cash
Deposit Agreement for Verizon Wireless, as amended.
BE IT FURTHER RESOLVED That the Mayor and Clerk-Treasurer are authorized to
sign the Cash Deposit Agreement in the name of the City.
DATED THIS DAY OF ,2001
SPONSORED BY:
FINANCE COMMITTEE
Ald. Mark Slocomb
Ald. David Sanders
Ald. Nancy Salentine
Deferred: 2/27/01, 3/14/01, 3/27/01
411 o/01,4/24/01, 5/a/o1
5/22/01
This is to certify that this is a true and accurate copy of Resolution #45-2001 which was
adopted by the Common Council of the City of Muskego.
Clerk-Treasurer
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Cash Deposit Aweement
WHEREAS, PrimeCo Personal Communications Limited Partnership, a Delaware limited
partnership d/b/a Verizon Wireless whose address is 180 Washington Valley Road, Bedminster,
New Jersey 07921, Attn: Network Real Estate, hereinafter referred to as “Owner”, has received
Building Site and Operation Plan approval hom the City of Muskego, whose address is W812
S8200 Racine Avenue, Muskego, Wisconsin 53150, hereinafter referred to as “City”, to co-locate
a wireless communications facility on a monopole communications tower, located in the
Southwest % of Section 34, T5N R20E, City of Muskego, Waukesha County, Wisconsin, and
WHEREAS, As a condition precedent to Owner’s right to commence construction of the project
(the “Project), Owner is obligated to provide a surety in a form acceptable to the City pursuant to
36.06(2)(i) of the Municipal Code (the “Municipal Code”); and
WHEREAS, Owner wishes to make a cash deposit in lieu of tendering a Letter of Credit or such
other surety acceptable to the City pursuant to the Municipal Code.
NOW, THEREFORE, for valuable consideration acknowledged by both parties, IT IS AGREED
AS FOLLOWS:
1.
2.
3.
Contemporaneously with the execution of this Cash Deposit Agreement by both
Owner and City, Owner shall deposit $20,000.00 in a deposit account, hereinafter
referred to as the “Account”, established by the City. The original account ledger
as to the Account shall be on file with City and a copy of said documentation is
attached hereto, made a part hereof and marked Exhibit “I”.
It is understood and agreed that the Account shall serve as a cash deposit securing
the obligations of Owner to construct and maintain the Project in compliance with
the Municipal Code. The Account shall bear interest on behalf of Owner whose
FEN Number is 22-3372889 and shall be invested in a federally insured money
market account reasonably acceptable to Owner. The Account together with any
interest earned thereon shall hereinafter be referred to as the “Deposit”
In the event the Project is not completed in accordance with the Municipal Code
within hrty (30) days of commencement of construction of the Project, City shall
notify Owner of such default setting forth in detail any remaining work which
must be completed in order for the Project to comply with the Municipal Code
(the “Default Notice”), at the above address. Owner shall have thirty (30) days
from receipt of the Default Notice to cure the default to the reasonable satisfaction
of City. In the event Owner is unable or unwilling to cure said default to the
reasonable satisfaction of City within said cure period, Owner shall forfeit its
interest in the Deposit only up to the amount necessary for City to reimburse itself
for the completion of the Project in compliance with the Default Notice. Any
obligations of Owner to City with respect to the Default Notice shali terminate
immediately upon City’s reimbursement withdrawal kern the Deposit.
t
4. In the event removal of the Project is necessary to comply with the Default
Notice, and City has actually removed the Project, Owner shall forfeit its interest
in the Deposit only up to the amount necessary for City to reimburse itself for the
removal of the Project. Any obligations of Owner to City to remove the Project
shall terminate immediately upon City’s reimbursement withdrawal kom the
Deposit. The remaining balance of the Deposit, after City’s reimbursement
withdrawal, shall be promptly and unconditionally returned to Owner, its
successors or assigns. In the event the Owner removes the Project in compliance
with the Municipal Code to the reasonable satisfaction of the City Engineer, the
Deposit shall be promptly and unconditionally returned to the Owner, its
successors or assigns.
IN WITNESS WHEREOF, this Cash Deposit Agreement is dated this day of
,2001
OWNER:
PRIMECO PERSONAL COMMUNICATIONS
LIMITED PARTNERSHIP, a Delaware limited
partnership, d/b/a/ Verizon Wireless
By:
Name: Michael S. Irizarry
Its: Vice President of Operations, Western Great
Lakes
CITY.
City of Muskego
By:
Name: David L. DeAngelis
Its: Mayor
By:
Name: Jean K. Marenda
Its: Clerk- Treasurer
COMMON COUNCIL -CITY OF MUSKEG0
RESOLUTION #45-2001
APPROVAL OF CASH DEPOSIT AGREEMENT
Verizon Wireless
BE IT RESOLVED That the Common Council of the City of Muskego. upon the
recommendation of the Finance Committee, does hereby approve the attached Cash
Deposit Agreement for Verizon Wireless.
BE IT FURTHER RESOLVED That the Mayor and Clerk-Treasurer are authorized to
sign the Cash Deposit Agreement in the name of the City.
DATED THIS DAY OF ,2001
SPONSORED BY:
FINANCE COMMITTEE
AM Mark Slocomb
Ald. David Sanders
Ald. Nancy Salentine
This is to certify that this is a true and accurate copy of Resolution U5-2001 which was
adopted by the Common Council of the City of Muskego.
~~
Clerk-Treasurer
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0
dS,
Cash De~oslt Aarsement /?MOW +e& Z.U-Q/
whose address Is 180 Washlnmon Valley Road. Bedmlnmer. New Jersey, 07921 ATTN: Network Real Mate. herelnaner
WHEREAS, PrlmeCo Personal CommunlcaUons Llmited Parlnershlp. a Delaware llmned parlnershlp ma Verlzon Wlreleu
W182 58200 Recine Avenue, Muskego, Wlswnsln 53150. hereinafler referred to as 'Cltf. to co-locate a wlmless
wmmunlcauons famy on a monopole wmmunlCBtlom tower, located In the Soulhwest % of seulon 34, T5N WOE. ctty of
Muskego, Waukesha County. Wiswnsln. and
WHEREAS. As a wndluon of sald approval. Owner Is obllgated lo pmvlde a surety in a form acceptable to the City pursuant
to 36:00(2)(l) of the Munldpal Code; and
WHEREAS. Owner wishes to make a cash deposit In lieu of tendering a Letter of Credit,
NOW, THEREFORE, for valuable conslderatlon acknowledged by both pallles. IT IS AGREED AS FOLLOWS:
1. The Owner has deposited $20,000 In a Developers Deposn Acwunt. herelnafler refemd to as the "Accounr.
establlshed by the City of Muskego and the origlnal acwunl ledger as to said account Is on Re with the Clty end a
copy of said documentation is anached hereto. made a pari hereof and marked Exhibit '1'
2. It is undemood and agreed that said Acwunt shall serve as a cash deposll securing the obligations of the Developer
as set follh in Chapter 30 of the Munlcipal Code. The Acwunt is not inlerest beedng.
3. In the event the obllgauons requlred pursuant to Chapter 30 of the Municipal Code are not completed in acurrdance
wlth sald Code, the Developer shall forfeit all his Interests In said account and all of the monies wntalned In said
4. In the event the Developer removes the wlreless COmmunlcationS facility. the acurunt shall be promptly end
ecwunt shall become the properly of the City with no notice to the Developer.
unconditionally retumed to the Developer, hls successors or asslgns. 8s long as the CHy Englneer has determined
that the requirements of the Code have been satisfled.
referred to as 'Ownef. has TOCBkBd Bulldlng SHe and Operation Pian approval from the Cliy of Muskego. who= address Is
DATED thls - day of _, 2001
BY OWNER: PllmeCo Personal Communlcatlons Llmned Parlnershlp.
a Delaware limited partnenhlp d/b/a Verizon Wireless
By:
Michael S. Irizany. Vice President of Operations. Westem Great Lakes
STATE OF WISCONSIN ) SS
WAUKESHA COUNTY )
PERSONALLY Came before ma this - day Of- , 2001 to me known to be the person who executed the foregoing
instrument and acknowledged the same.
Notary PublicState of Wlswnsin
My Commisslon Expires
BY Clpl OF MUSKEG0
By:
David L. DeAngelis, Mayor
By:
Jean K. Marenda. Clerk-Treasurer
Notary Public-State of Wisconsin
My Commlsslon Expires
CERTIFICATION
ThlS IS 10 CelUV that the fOWO1~~ IS a tNe and WK0U Wpy of the Cash Dews11 Agreement for PrimeCo Penonal
Communlcatlons Llrnned Partnenhlp, a Delaware Ilmited parblenhlp ma Verkon Wlrolaas. as entered Into on the
day of ,2001, pursuant to the aulhorizatlon by the Common Council from thelr meetlng on the -day 01
-, 2001.
BY THE COMMON COUNCIL
STATE OF WlSCONSlN ) SS
WAUKESHA COUNTY )
Notary PubliOState of Wisconsin
My Commlsslon Explres
Jean K. Marenda, CMC City CleMreasurer