Fiscal Note
The proposed resolution authorizes a first amendment to the contract with CCATT LLC for the installation of telecommunications equipment at Breese Stevens Field. Under the terms of the amendment, the Parks Division shall receive $40,500 per year, subject to a 3% annual escalator. The amendment extends the agreement for one five-year renewal term with two options for a second and third five-year renewal extension under the same terms. The City's contractor, Terabonne, Inc. (DBA Bella Ranch) will receive 10% of the payments ($4,500), subject to the same annual 3% escalator, detailed in the License Fee Schedule in attached Exhibit A. Revenues form this license agreement will be deposited in the Parks Division's Adopted Operating Budget. No appropriation is required.
Title
Authorizing the execution of a First Amendment to License with CCATT LLC, a Delaware limited liability company, for the installation of telecommunications equipment at Breese Stevens Field located at 917 E. Mifflin Street. (District 6)
Body
WHEREAS, the City of Madison (“City”) is the owner of certain real property located at 917 E. Mifflin Street, Madison, Wisconsin (“Property”), and depicted on attached Exhibit B, commonly known as Breese Stevens Field; and
WHEREAS, City entered into a license agreement with CCATT LLC, a Delaware limited liability company (“Licensee”), pursuant to that certain license dated December 23, 2022 (“Prior License”) pertaining to the placement by Licensee of a telecommunications lightpole monopole (“Tower”) and a telecommunications equipment shelter upon certain "Premises" located at the Property, together with easements for ingress, egress and general utility purposes as described more fully in the License; and
WHEREAS, Licensee desires to make equipment changes at the Premises, including increasing the number of antennas from nine (9) to twelve (12), with the right to install up to fifteen (15) antennas at some future date, subject to approval by the City, and the City is amenable to said changes; and
WHEREAS, the terms of a First Amendment to License have been negotiated between Licensee, the City’s Office of Real Estate Services staff, and the City’s consultant, Terabonne, Inc. (“Terabonne”) to allow for the equipment change and installation of additional antennas and increasing the License Fee to adjust for the additional antennas.
NOW, THEREFORE, BE IT RESOLVED that the City’s Common Council hereby authorizes the Mayor and Clerk to execute the First Amendment to License attached hereto as Exhibit C, substantially on the terms, conditions and obligations contained therein, and take any further action required to accomplish the purpose of this resolution in a form approved by the City Attorney.
BE IT FURTHER RESOLVED, the Mayor and Clerk are authorized to execute any other documents as may be necessary to carry out the purposes of this resolution in a form approved by the City Attorney.
BE IT FINALLY RESOLVED, that the Real Estate Services Manager of the Office of Real Estate Services is authorized to sign a Memorandum of First Amendment to License, as well as a Memorandum of Agreement between the City and Terabonne, on forms approved by the City Attorney, to be recorded at the office of the Dane County Register of Deeds.