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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 0 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: 1 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, 1 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 2 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 3