CCR2001203COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #203-2001
APPROVAL OF AMENDMENT TO LICENSE AGREEMENT
BETWEEN THE CITY OF MUSKEG0 AND
SPRINT SPECTRUM L.P.
WHEREAS, The Common Council of the City of Muskego approved a License
Agreement with Sprint Spectrum L.P on August 27, 1996 through Resolution #178-96,
as amended; and
WHEREAS, The City and Sprint Spectrum have agreed to amend the provisions of the
Agreement; and
WHEREAS, The Finance Committee has reviewed the Amendment to the License
Agreement, as attached, and has recommended approval.
NOW, THEREFORE, BE IT RESOLVED That the Common Council of the City of
Muskego, upon the recommendation of the Finance Committee. does hereby approve
the Amendment to the License Agreement Between the City of Muskego and Sprint
Spectrum L.P subject to approval of the City Attorney.
BE IT FURTHER RESOLVED That the Mayor and Clerk-Treasurer are authorized to
sign the Amendment to the License Agreement in the name of the City.
DATED THIS 23rd DAY OF OCTOBER ,2001
SPONSORED BY:
FINANCE COMMITTEE
Ald. Mark Slocomb
Ald. David Sanders
Ald. Nancy Salentine
This is to certify that this is a true and accurate copy of Resolution #203-2001 which
was adopted by the Common Council of the City of Muskego.
1OlOljmb
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AMENDMENT TO LICENSE AGREEMENT BETWEEN
THE CITY OF MUSKEG0 AND SPRINT SPECTRUM REALTY COMPANY, L.P.
This Amendment is made this day of October, 2001, to the License
Agreement dated October 30, 1996 (the "Agreement") between the City of Muskego (the
"City") and Sprint Spectrum L.P,, a Delaware Limited Partnership (dWa Sprint Spectrum
Realty Company, L.P.) (the "Company").
City and Company hereby agree to amend the provisions of the Agreement as
follows:
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2.
3.
4.
5.
The parties confirm that Company was issued its building permit on October 9,
1996, and, as such, the Commencement Date of the Agreement (as defined in
Section 3a of the Agreement) is January 9, 1997
The last sentence of Section 3a of the Agreement is hereby deleted. The license
fee shall not be subject to renegotiation at the end of each five year term; rather,
the base license fee shall be increased on an annual basis by 5% over the
license fee in effect for the immediately preceding year as provided below
City acknowledges receipt of all license fees due and owing for the entire initial
five year term of the Agreement which payment was made "up front" in
accordance with Section 4c of the Agreement. Commencing at the begiMing of
the second five year term (January 9, 2002), all license fees shall be paid on an
annual basis as provided below.
The annual base license fee for the first year of the second five year term shall
be Fifteen Thousand Six Hundred Dollars ($15,600.00). and shall increase 5%
each year thereafter During the second five year term and during all
subsequent renewal terms, the base license fee shall be increased annually by
5% over the license fee in effect for the immediately preceding year as provided
on the attached Schedule A. Such increase shall be made and adjusted as of
each annual anniversary of the Commencement Date (i.e. every January 9).
The annual base license fee for the first year of the second five year term shall
be due on or before January 9, 2002. Thereafter and for the duration of the
entire term of the Agreement including all renewal terms, license fees shall be
paid annually in advance with payments due to the City on or before January 9
of each year,
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6. The notice addresses for the Company as set forth in Section 33 of the
Agreement are amended as follows:
If to Company, to: Sprint Spectrum Realty Company, L.P
9801 West Higgins Road, Suite 220
Rosemont, IL 60018
Attn. Site Development Director
Site #ML03XC223
With a copy to: Sprint Law Department
6391 Sprint Parkway
Mailstop #KSOPHTO101-22020
Overland Park, Kansas 65251-2020
Attn: Sprint PCS Real Estate Attorney
I All other terms and provisions of the Agreement not specifically amended by
this Amendment shall remain in full force and effect.
CITY. City of Muskego COMPANY. Sprint Spectrum Realty
Company, L.P
0 By : By:
David L. DeAngelis, Mayor
Name:
BY. Title: Jean K. Marenda, Clerk
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Second Term
1/9/02 - 1/8/03
1/9/03 - 1/8/04
1/9/04 - 1/8/05
1/9/05 - 1/8/06
1/9/06 - 1/8/07
Third Term
1/9/07 - 1/8/08
1/9/08 - 1/8/09
1/9/09 - 1/8/10
1/9/10 - 1/8/11
1/9/11 - 1/8/12
Fourth Term
1/9/12 - 1/8/13
1/9/13 - 1/8/14
1/9/14 - 1/8/15
1/9/15 - 1/8/16
1/9/16 - 1/8/17
Fifth Term
1/9/17 - 1/8/18
1/9/18 - 1/8/19
1/9/19 - 1/8/20
1/9/20 - 1/8/21
1/9/21 - 1/8/22
Sixth Term
1/9/22 - 1/8/23
1/9/23 - 1/8/24
1/9/24 - 1/8/25
1/9/25 - 1/8/26
1/9/26 - 1/8/27
SCHEDULE A
ANNUAL LICENSE FEES
$15,600
$16,380
$17,199
$18,059
$18,962
$19,910
$20,905
$21,951
$23,048
$24,201
$25,411
$26,681
$28,015
$29,416
$30,887
$32,431
$34,053
$35,755
$37,543
$39,420
$41,391
$43,461
$45,634
$47,916
$50,312
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