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File #: 09-1220    Version: 1 Name: 12/21/09 Verizon at Plymouth Rd Water Tower
Type: Resolution Status: Passed
File created: 12/21/2009 In control: City Council
On agenda: 12/21/2009 Final action: 12/21/2009
Enactment date: 12/21/2009 Enactment #: R-09-494
Title: Resolution to Approve License Agreement with New Par, d/b/a Verizon Wireless, to Erect and Use Telecommunications Equipment on the Plymouth Road Water Tower Site
Title
Resolution to Approve License Agreement with New Par, d/b/a Verizon Wireless, to Erect and Use Telecommunications Equipment on the Plymouth Road Water Tower Site
Memorandum
New Par, a Delaware partnership d/b/a Verizon Wireless By: Verizon Wireless (VAW) LLC, its general partner ("Verizon"), has asked to install antennae and related facilities on the Plymouth Road Water Tower site and has agreed to the terms of a license agreement that would require an annual fee starting at $34,922.81 for the first year, which starts July 1, 2010, and runs through June 30, 2011, but which amount is payable within 30 days after execution of the agreement.  The annual fee will escalate at the rate of 4% per year starting July 1, 2011, and every July 1 thereafter.  The initial term of the license agreement is for five years, ending June 30, 2015, with options to renew for four additional five-year terms.  Although Verizon will not make use of the site before July 1, 2010, Verizon needs to have this Agreement approve before the end of 2009. for its internal planning purposes.
 
The terms of the license agreement between the City of Ann Arbor and Verizon are similar to license agreements between the City and other telecommunications providers that have installed antennae and related facilities on the Plymouth Road Water Tower and Manchester Water Tower sites.  The license agreement governs in detail the responsibilities of Verizon on the site so as to protect the interests of the City and other licensees on the site.
 
Approval of the license agreement with New Par, a Delaware partnership d/b/a Verizon Wireless By: Verizon Wireless (VAW) LLC, its general partner, is recommended.
Staff
Prepared by:      Abigail Elias, Chief Assistant City Attorney
Reviewed by:  Sue F. McCormick, Public Services Area Administrator
Approved by:        Roger W. Fraser, City Administrator
Body
New Par, a Delaware partnership d/b/a Verizon Wireless By: Verizon Wireless (VAW) LLC, its general partner ("Verizon"), has asked to install antennae and related facilities on the Plymouth Road Water Tower site;
 
Whereas, Verizon has agreed to the terms of a license agreement that would require an annual fee starting at $34,922.81 for the period beginning July 1, 2010 , and ending June 30, 2011, and escalating at the rate of 4% per year on July 1 of every year thereafter for a term of approximately five years, ending on June 30, 2015, with options to renew for four additional five-year terms; and
 
Whereas, The terms of the license agreement between the City of Ann Arbor and Verizon are similar to license agreements between the City and other telecommunications providers that have installed antennae and related facilities on the Plymouth Road Water Tower and Manchester Water Tower sites;
 
RESOLVED That the City Council approve the license agreement with New Par, a Delaware partnership d/b/a Verizon Wireless By: Verizon Wireless (VAW) LLC, its general partner, for the Plymouth Road Water Tower site, and that the Mayor and City Clerk be authorized to sign the license agreement, subject to approval as to substance by the City Administrator and approval as to form by the City Attorney; and
 
RESOLVED, That the City Administrator be authorized to take any other necessary administrative actions to implement this resolution.