City of Madison, Wisconsin | Legislative Information Center
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File #: 44748    Version: 1 Name: 3979 Second Amendment License Agreement Cingular / AT&T Lakeview Water Tower
Type: Resolution Status: Passed
File created: 10/12/2016 In control: WATER UTILITY BOARD
On agenda: 11/1/2016 Final action: 12/6/2016
Enactment date: 12/9/2016 Enactment #: RES-16-00884
Title: Authorizing the execution of a Second Amendment to License pertaining to a license with New Cingular Wireless PCS, LLC d/b/a AT&T Mobility, at the Lake View Water Tower, located at 1202 Northport Drive.
Sponsors: Rebecca Kemble
Attachments: 1. October 19th BPW Agenda (RE Proj. Nos. 3979, 4119).pdf, 2. 3979 Reso Second Amend - Exhibit A.pdf, 3. 3979 Reso Second Amend - Exhibit B - Site Plan p.pdf, 4. 3979 Reso Second Amend - Exhibit E.pdf
Fiscal Note
The proposed resolution has no fiscal impact. The Licensee will continue to pay an annual license fee. The License Fee shall continue to be subject to a 4% annual escalation. The revenues from this license, less any direct costs incurred by the Water Utility in the administration of the license, are deposited in a special reserve fund (Munis charge code 63028). In addition to normal direct costs, there is a payment to Dane County equal to 50% of the net proceeds of the license revenues to pay for the use of County-owned land to site the telecommunications facilities.
Title
Authorizing the execution of a Second Amendment to License pertaining to a license with New Cingular Wireless PCS, LLC d/b/a AT&T Mobility, at the Lake View Water Tower, located at 1202 Northport Drive.
Body
WHEREAS, the City and New Cingular Wireless PCS, LLC d/b/a AT&T Mobility (f/k/a Madison SMSA Limited Partnership) (“New Cingular”) are parties to a license, dated January 23, 1998, as amended by First Amendment to License, dated March 13, 2013 (collectively, “License”) pertaining to the placement by the Licensee of telecommunications equipment on the City-owned Lake View Water Tower (“Tower”) located at 1202 Northport Drive in the City of Madison, as well as the placement of a telecommunications shelter located on land near the base of the Tower (“Land”). The Land and the space on the Tower are hereinafter collectively referred to as the “Premises”; and

WHEREAS, the Premises are located on the property owned by Dane County (“Property”) and described on attached Exhibit A - Revised 2016, and the City has an easement over the Property from Dane County, which allows for the Licensee’s use of and access to the Premises; and

WHEREAS, the initial term of the License was for the five (5)-year period commencing on January 12, 1998 and ending on January 11, 2003, and the Licensee has exercised all three renewal options such that the current expiration date of the License is January...

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