CCR2001255COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #255-2001
APPROVAL OF AMENDMENT TO LICENSE AGREEMENT
BETWEEN THE CITY OF MUSKEG0 AND
PRIMECO PERSONAL COMMUNICATIONS,
LIMITED PARTNERSHIP d/b/a VERIZON WIRELESS
WHEREAS, The Common Council of the City of Muskego approved a License
Agreement with Primeco Personal Communications Limited Partnership on August 27,
1996 through Resolution #195-96. as amended: and
WHEREAS, The City and Primeco 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 Primeco
Personal Communications Limited Partnership d/b/a Verizon Wireless 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 1 lth DAY OF December ,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 #255-2001 which
was adopted by the Common Council of the City of Muskego.
12/0ljmb
AMENDMENT TO LICENSE AGREEMENT BETWEEN
THE CITY OF MUSKEG0 AND PRIMECO PERSONAL COMMUNICATIONS, LIMITED
PARTNERSHIP d/b/a VERIZON WIRELESS
This Amendment is made this ~ day of December, 2001, to the License Agreement
dated September 13, 1996 (the “Agreement”) between the City of Muskego (the “City”)
PrimeCo Personal Communications, Limited Partnership d/b/a Verizon Wireless (the
“Company”).
City and Company hereby agree to amend the provisions of the Agreement as follows:
I
2.
3.
4.
The parties confirm that Company was issued its building permit on
September 9, 1996, and, as such, the Commencement Date of the
Agreement (as defined in Section 3a of the Agreement) is December 13,
1996.
The last sentence of Section 3a and all of Section 3b of the Agreement are
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 beginning of the second five-year term December 13, 2001, 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 December 13).
5. The annual base license fee for the first year of the second five-year term shall
be due on or before December 13, 2001, 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
December 13, of each year.
6. The notice addresses for the Company as set forth in Section 33 of the
Agreement are amended as follows:
If to the Company. PrimeCo Personal Communications, Limited
Partnership d/b/a Verizon Wireless
180 Washington Valley Road
Bedminster, NJ 07921
Attn: Network Real Estate
7 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, PrimeCo Personal
Communications, Limited Partnership d/b/a
Verizon Wireless
By: By:
David L. DeAngelis, Mayor Michael S. Irizarry
Vice President of Network, Great Lakes
By:
Jean K. Marenda, City ClerWTreasurer
2
SCHEDULE A
Annual License Fees
Second Term
12/13/01 - 12/12/02 $15,600
12/13/02- 12/12/03 $16,380 12/13/03- 12/12/04 $17,199 12/13/04- 12/12/05 $18,059
12/13/05 - 12/12/06 $18,962
Third Term
12/13/06- 12/12/07 $19,910
12/13/07 - 12/12/08 $20,905
12/13/08 - 12/12/09 $21,951
12/13/09 - 12/12/10 $23,048
12/13/10 - 12/12/11 $24,201
Fourth Term
12/13\11 - 12/12/12 $25,411
12/13/12- 12/12/13 $26,681
12/13/13 - 12/12/14 $28,015
12/13/14- 12/12/15 $29,416
12/13/15 - 12/12/16 $30,887
Fifth Term
12/13/16- 12/12/17 $32,431
12/13/17- 12/12/18 $34,053
12/13/18 - 12/12/19 $35,755 12/13/19- 12/12/20 $37,543 12/13/20 - 12/12/21 $39,420
Sixth Term
12/13/21 - 12/12/22 $41,391
12/13/22 - 12/12/23 $43,461
12/13/23 - 12/12/24 $45,634 12/13/24 - 12/12/25 $47,916
12/13/25 - 12/12/26 $50,312