HomeMy WebLinkAbout15-Amended City Property Agreement Cedar Tower Site Name: Bozeman Water Tank Site ID#: SP67XCO54
FIRST AMENDMENT TO LICENSE AGREEMENT FOR THE USE OF CITY PROPERTY
This First Amendment to License Agreement for the Use of City Property("First Amendment")is entered into as of the latter
of the signature dates set forth below, by and between the City of Bozeman, with its principal offices located at 121 N. Rouse Ave,
Bozeman, MT 59715 ("City"), and Cedar TowerCo, LLC, a Delaware limited liability company, whose address is 6391 Sprint
Parkway, Overland Park, Kansas 66251-2020 ("Tenant'). City and Tenant are sometimes collectively referred to herein as the
"Parties."
BACKGROUND
A. City and MTPCS, Inc. ("MTPCS") entered into that certain License Agreement for the Use of City Property
dated October 21, 2005 ("Agreement')for the right to use a portion of the water tank and appurtenant property
located at Kenyon Drive in the City of Bozeman.
B. Tenant has succeeded to the interest of MTPCS under the Agreement,all in accordance with the permitted
rights under Paragraph 3 of the Agreement.
C. The Parties acknowledge that the City,as partial consideration for the Agreement,received a certain number of
cellular phones and plan minutes("Phones and Minutes")from MTPCS that Tenant will no longer be able to
provide,and the Parties mutually agree to adjust the Rent,as set forth herein,as adequate compensation for the
Phones and Minutes.
D. The Parties desire to modify certain terms and conditions of the Agreement,all in accordance with the terms
and conditions set forth below.
For good and valuable consideration,the receipt and sufficiency of which are acknowledged,City and Tenant hereby agree as follows:
AGREEMENT
1. Rent.Effective September 1,2014,the second paragraph of Section 1,Rent,of the Agreement is hereby deleted in its
entirety,and Tenant shall no longer be under any obligation to provide Phones and Minutes to City. City acknowledges that
Tenant has already paid the sum of$17,939.95 for the 2014 annual period. Tenant shall further remit the additional sum of
$2,700.00 to the City as consideration for the Phones and Minutes that will no longer be provided to the City for the period
from September 1,2014 through December 31,2014. The City acknowledges and agrees that Tenant shall not owe any
additional rent or consideration for the 2014 annual period. Beginning January 1,2015,the annual fee payable under the
Agreement shall be$29,889.55. The Rent shall continue to escalate in accordance with the terms set forth in Section 1 of the
Agreement.
2. General Terms and Conditions.
a. All capitalized terms used in this First Amendment shall, unless otherwise defined herein, have the same meaning
given to them in the Agreement.
b. This First Amendment may be executed in counterparts,each of which shall be deemed an original, but all of which
together shall constitute one and the same instrument. Any electronic or facsimile signature shall be considered to
have the same binding effect as the delivery of a hard copy original signature.
c. Each of the Parties represents and warrants that it has the right, power, legal capacity and authority to enter into and
perform its respective obligations under this First Amendment.
3. No Other Changes.Except as expressly set forth in this First Amendment,the Agreement is otherwise unmodified, and the
remaining terms and conditions of the Agreement shall remain in full force and effect and are fully incorporated herein.In the
event of any inconsistency between this First Amendment and the Agreement, the terms of this First Amendment shall
control.
IN WITNESS WHEREOF,the parties execute this First Amendment on the date(s)stated below.
City: Tenant:
City of Bozeman Cedar TowerCo,LLC
By: By: ~
Name: Chris Kukulski Name: Ma- G, i 6 1 it/
Title: City Manager
y� Title:
Date: 5-15—M 0✓15 Date:
(Date must be completed) (Date must be completed)
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