Title
Resolution to Approve Second Amendment to License Agreement with New Cingular Wireless PCS, LLC, as Successor in Interest to AT&T Wireless PCS, Inc., to Erect and Use Telecommunications Equipment on the Plymouth Road Water Tower Site
Memorandum
The City entered into a license agreement with AT&T Wireless PCS, Inc. ("AT&T"), on December 7, 1998, to install antennae and related facilities on the Plymouth Road Water Tower site. Because the University of Michigan had an interest in the land that was subject to the license agreement, the City and AT&T entered into a First Amendment on September 15, 1999, that added the University of Michigan for liability, insurance and notice purposes.
New Cingular Wireless PCS, LLC ("Cingular"), the successor to AT&T, has asked to amend the license agreement to allow some additional equipment on the site.
Staff has reviewed and approved the plans for the additional equipment and a provision has been added relative to installation design and inspection at Cingular’s expense. The license fee under the original license agreement with AT&T was $18,000.00 per year, escalated 20% every five (5) years. Cingular has agreed to increase the annual license fee amount to $30,230.00, pro-rated from the first day of the month after construction starts through June 30, 2012. Starting July 1, 2012, the annual fee will increase by 4% every year.
The City has added and Cingular has agreed to some additional provisions in the license agreement to bring it into conformity with the provisions in license agreements for other cellular antennae by adding the City's standard security protocol and requirements for radiofrequency radiation compliance and testing. Cingular was already required to comply with these provisions, but the additional language makes the obligations clear. Except for updated notice provisions, the remainder of the terms of the December 7, 1998, license agreement, as amended by the September 15, 1999, First Amend...
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